Term & Conditions
Terms and Conditions
YOUR USE OF THE SITE AND/OR APPLICATIONS AFTER THE PUBLICATION OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATION. Additionally, by ordering products or using the services, you acknowledge that you have read and reviewed these terms in their entirety, agree to these terms and the privacy policy, and accept these terms as binding obligations.
In the first part, you will find a brief overview of the main conditions of use. A detailed and complete description is provided below.
Brief Overview of Conditions:
– Your photos uploaded to the Fotomix application will be stored for a maximum of 30 days from the date of receiving the package, after which they will be automatically and permanently deleted from our database.
– You retain the copyright to all your images. We will not distribute, sell, or use them for anything other than printing and delivering the frames to you.
– By using the application, you grant us access to your photo gallery to display your images in the Fotomix application. When you first open our application, it will ask for permission to access your photos, after which we can allow you to select, crop, and order photos in our application. If you wish, you can disable this permission in your settings later or delete the application to remove the permission.
– You agree not to order any photo that you do not own or any pornographic or discriminatory content. Additionally, we cannot print images for which you do not own the copyright.
– If there is a problem with your frames, we will refund or replace them for you. If there are issues, send us an email at contact @ fotomix.net. We will resolve everything.
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1. DEFINITIONS AND TERMS
FOTOMIX STORY S.R.L. (as defined below) allows users to upload images and/or pictures (“Images”) on our website (“Site”) or our mobile application (together with the Site, “App”) to print those images (“Frame(s)”). (collectively “Fotomix”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern access to and use of the application and the services available through the application (“Services”). Our Privacy Notice, available at https://fotomix.net/term-conditions , governs the collection, processing, and transfer of any personal data (as defined in the Privacy Notice). “You” means any adult user of the application or services or any parent or guardian of any minor you allow to use the application or services and for whom you will be held strictly responsible.
2. USE OF SERVICES
You may access and use our sites and applications only for personal, non-commercial use. Except as expressly authorized herein, our sites and applications may not be reproduced, duplicated, copied, sold, resold, visited, reverse engineered, or otherwise exploited for any commercial purpose without our prior written consent. We reserve the right to modify or discontinue our sites and applications, in whole or in part, at any time at our sole discretion.
Subject to and conditioned upon your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited right and license, without the right to sublicense, to access and use our sites and applications, including any images, text, graphics, sounds, data, links, and other materials incorporated into our sites and applications (other than user-submitted materials as defined below), only as made available by us and only for your personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, or publicly display any portion of our sites and applications or create derivative works of any portion of our sites and applications without our written consent. While using any of our sites and applications, you agree NOT to:
– Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, the privacy rights of others or rights of publicity.
– Identify any person or entity or use any email address or other contact information that is false, misleading, or inaccurate.
– Restrict or inhibit any other user from using any of our sites and applications, including, without limitation, by “hacking” or deleting any portion of our sites and applications;
– Violate any applicable laws or regulations;
– Upload, transmit, or display on any of our sites and applications (a) any material that is illegal, fraudulent, threatening, abusive, defamatory, obscene, or otherwise objectionable or that infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary, or trade secret information of any third party; or (c) any unsolicited advertising, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (unless otherwise expressly permitted by us);
– Engage in spamming;
– Transmit any software or other materials that contain viruses, worms, Trojan horses, defects, or other destructive items;
– Modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of our sites and applications;
– Remove any copyright, trademark, or other proprietary rights notices contained or displayed on any portion of our sites and applications;
– Display adult nudity or inappropriate child nudity;
– Upload photos of people who have not given permission for their photos to be uploaded on a shared site;
– Post offensive material, such as content that contains hate or malicious content or offers for adult services, or material that incites or supports terrorism or violence.
Failure to comply with the above rules will constitute a breach of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our sites and applications.
Some features of our sites and applications may allow you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions and/or any content included in such transmissions sent or received by you. We reserve the right, in our sole discretion and at any time, to establish limits on the number and size of any transmissions sent by or received through our sites and applications and/or the amount of storage space available for transmissions or any feature made available through our website.
Please note that orders for custom shipping will only be shipped to Romania.
3. MEMBER ACCOUNT
You may create a member account with any of our sites and applications by registering your name, providing certain information about yourself, and creating a password. You agree to provide complete, current, and accurate information about yourself as requested and to maintain and update this information. You are responsible for protecting the confidentiality of your username and password used to access your member account on our sites and applications. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of our sites and applications.
To create a member account with any of our sites and applications, you must be at least 18 years old. You represent that you are at least 18 years old. If you are not, please do not set up an account with any of our sites and applications.
4. MAKING PURCHASES
If you wish to purchase products or services through any of our sites and applications, we will request certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information you provide to us or our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD OR OTHER PAYMENT METHOD UTILIZED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes related to your purchases. Verification of information applicable to a purchase may be required before acceptance of any order.
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products or services may be subject to change without notice, and our current prices can be found on our sites and applications. We make reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on our sites and applications at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased through our sites and applications. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code, or other similar promotions; to prohibit any user from making any or all purchases; and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon delivery to our carrier. We charge during the order. We reserve the right to ship partial orders (without additional costs to you).
5. PARTICIPATION IN CONTESTS AND PROMOTIONS
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games, or similar promotions (collectively, “Promotions”) made available through our Sites and applications may be governed by specific rules that are separate from this Agreement. By participating in such a promotion, you will be subject to those rules, which may vary from these terms. We encourage you to review any specific rules applicable to a particular promotion, which will be linked to such a promotion, and to review our privacy policy, which, in addition to these terms, governs any information you submit in connection with such a promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of those rules will control.
Mobile Applications
Before using any of our mobile applications (“App” or “Apps”), we may require you to install a valid copy of the App on your mobile device, register for an account, enter your account information into the App as requested, and meet certain hardware and connection requirements that may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges you incur when accessing or using an App. If you uninstall an App from your mobile device, you may not be able to use all or some of the App’s features. We make reasonable efforts to accurately display the attributes of any photos from the products you order through an App, including the colours of those photos; however, the actual colour you see depends on your mobile device, and we cannot guarantee that your mobile device will accurately display such colours.
We will make reasonable efforts to keep the FOTOMIX App functional. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the FOTOMIX App, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the FOTOMIX App or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the FOTOMIX App.
The FOTOMIX App is licensed to you, not sold, only for personal and non-commercial use, and we retain ownership of all copies of the FOTOMIX App software even after installation on your device. We may assign these or any part of them without restriction. You do not have the right to assign these or any part of them, nor transfer or sublicense your rights under this license to any third party. We may terminate or restrict your use of the FOTOMIX App without compensation or notice if you are or if we suspect you are in violation of any of these Terms or are engaged in illegal or improper use of the FOTOMIX App.
Social Media and Other Services
While using our services, you have the option to grant us access to your account(s) with certain third-party social networks and other services, such as Facebook, Instagram, Pinterest, Picasa, Flickr, Twitter, and others, to capture and make available on the site and through the applications the photos and other content you have stored in your account(s). By granting us access to your content from social networks, you understand that we will access, make available, and store (if applicable) your content so that it is available to you on the site and through our applications. We are not responsible for any stored content that you choose to make available on the site and through our applications.
User-Submitted Materials
Any materials submitted by you, including, without limitation, photos, videos, images, text, graphics, and other materials (collectively, “User-Submitted Materials”), are subject to the following terms and conditions:
– While you retain ownership of the User-Submitted Materials, any template or layout in which you arrange or organize such User-Submitted Materials through tools and features made available through any of our sites and applications does not belong to you, and the rights to such a template or layout will remain with us.
– You represent and warrant that you own or otherwise hold all necessary rights with respect to the User-Submitted Materials and that the User-Submitted Materials do not and will not infringe, misappropriate, use, or disclose without authorization or otherwise violate any copyright, trade secret, or other intellectual property or proprietary rights of any third party and that the User-Submitted Materials are not illegal, fraudulent, threatening, abusive, defamatory, obscene, or otherwise objectionable.
– You agree to the use of your likeness and have obtained the consent, release, and/or written permission of every identifiable person who appears in the User-Submitted Materials to use the likeness of each such person, for the purposes of using and otherwise exploiting the User-Submitted Materials in the manner contemplated by these Terms or, if such identifiable person is under the age of eighteen (18), you have obtained such written consent, release, and/or permission from the parent or guardian of such person (and agree to provide us with a copy of any such consents, releases, and/or permissions upon our request). If you submit a submission containing the likeness of an identifiable person under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the person’s name or address) with such User-Submitted Materials.
– You agree that we may (but are not obligated to) screen any User-Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use User-Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User-Submitted Materials), and/or disclose any User-Submitted Materials and the circumstances surrounding their use to any third party to provide the applicable products or services, to enforce these terms, or to comply with legal obligations or governmental requests.
– You agree to indemnify us and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third-party users harmless from and against any claims, causes of action, liabilities, damages, losses, expenses, and costs (including, without limitation, reasonable attorneys’ fees) arising directly or indirectly out of or from: (i) your breach of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein, or any applicable law; (ii) the User-Submitted Materials; (iii) your activities in connection with obtaining products from us; or (iv) any activity related to access or use of your account by you or any other person.
– User-Submitted Materials that violate these Terms may be removed from our sites and applications; provided, however, that we have no obligation to remove User-Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal, or loss of any User-Submitted Materials from our sites and applications. We recommend that you maintain backup copies of the User-Submitted Materials on your hard drive or other personal system.
Copyright Policy
Fotomix’s policy is not to infringe or violate the intellectual property rights or other rights of any third party, and Fotomix will refuse to use and remove any user content in connection with the App that violates the rights of any third party. Fotomix will remove any content (including without limitation any user content) if properly notified that such material infringes the rights of third parties and may do so at its discretion, without prior notice to users at any time. Fotomix’s policy is to terminate the accounts of repeat infringers under appropriate circumstances.
If you believe in good faith that any material used or displayed on or through our sites and applications infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material on our sites and applications; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR OF ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS
