You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify FreePrints immediately of any unauthorised use of your account or password or any other breach of security that is known or suspected by you.
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services, (ii) the ability to browse the Services and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
User Conduct and Your Content
The Site, Services and products ("Products") that we offer are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Site, Services or Products except as may be permitted by these Terms, and you may not access or use the Site or the Services for any commercial purpose whatsoever. Any use of the Site or the Services other than as specifically authorised in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by FreePrints.
In accessing and using the Site and the Services, you may submit to us your own images, photographs, text or other content (collectively "Your Content"). By submitting Your Content to us, you give us permission to store Your Content on our servers and use your content for the limited purpose of providing the Site and Services. We will not use Your Content to market, promote or advertise the Site or Services without your express written permission. You represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services.
You are solely responsible for Your Content that you stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, "transmit") via the Site or the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content from the Site or Service, suspending or terminating the account of such violators and reporting the violators to appropriate law enforcement authorities. As a condition for accessing and using the Site or Service, you agree not to use the Site or Services to:
- Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors and otherwise), hateful or abusive, or is otherwise similarly objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation; (d) characterizes any unlawful activity as acceptable, glamorous or desirable; or (e) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; or (f) contains images or the likeness of minors without the consent of a parent or legal guardian;
- Harass any other user of the Services or to impersonate another person by any means including by using her/his email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Violate any applicable local, state, national or international law, regulation or rule;
- Incites or advocates terrorism or violence;
- Transmit or make available any content that you do not have the lawful right to transmit, that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;
- Engage in any conduct that would interrupt, destroy, limit or harm the Site and/or the Services or enable you to gain unauthorized access to the Site or the Service, including without limitation by using viruses, Trojan horses, worms, malicious computer code, programs or files;
- Reproduce, copy, sell, or commercially use (including the right to access) the Site or the Service;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Site or Services by electronic or other means; or
- Further or promote any criminal activity or provide instructional information about illegal activities.
In case of any violation of the above, and without limitation, we reserve the right to terminate your account and/or to block you from accessing the Site and Services and to disclose any information necessary to comply with any law, regulation, rule or governmental request.
FreePrints Intellectual Property
You acknowledge and agree that the Site and Services contains software and content ("FreePrints Intellectual Property") that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and owned by FreePrints and/or its licensors and affiliates.
Without limitation, we own the FreePrints and FreePrints trademarks and logos and all of our other trademarks and logos used in connexion with the Site and Services (the "FreePrints Trademarks"). Nothing in these Terms or otherwise grants any licence or right to use any of FreePrints' Trademarks without our prior written permission in each instance. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Site and the Services. All goodwill generated from the use of FreePrints Trademarks will inure to our exclusive benefit.
The use of prints, images or screen captures from the Site and Services is limited to your personal non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connexion with your use of the Site or Services. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, or otherwise transfer any right in the FreePrints Intellectual Property.
Third Party Intellectual Property
The images, photographs, and other content (collectively, the "Third Party Content") contained in our Site and Services may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Third Party Content are provided for the convenience of certain users of the Services who are expressly authorised to use them by their owners. You may not use any third party intellectual property without such express authorisation.
User Content Transmitted To or Through the Site and Services
We will need to work with Your Content in order to provide you with the Site and the Services. For example, we may need to copy, display, modify and transmit Your Content, and will distribute Your Content when shipping the Products to you. You are giving us permission to do this and, because we are using Your Content to provide you with the Site and the Services, you will not charge us any royalty. The permission you are giving us is worldwide in scope, and non-exclusive. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or individual photos and to order enlargements of your photos because you will not need to upload Your Content again. FreePrints agrees that its use of Your Content will be limited to the scope of the Services it provides. And rest assured that we will never use Your Content to market, promote or advertise the Site or Services to others without your express written permission.
Information You Provide to FreePrints
Any questions, comments, suggestions, ideas, feedback or other information about the Site or Services ("Submissions") provided by you to FreePrints are non-confidential, and FreePrints will be entitled to the unrestricted use and distribution of these Submissions for any purpose, without acknowledgment or compensation to you.
Practices Regarding Use and Storage
FreePrints may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FreePrints, its users or the public.
FreePrints may establish practices and limits concerning use of the Site and Services, including without limitation the maximum period of time that data or other content will be retained by the Site and Services and the maximum storage space that will be allotted on FreePrints' servers on your behalf. FreePrints will have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by or on the Site or the Services. You acknowledge that FreePrints reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that FreePrints reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Third Party Services
You may enable various online services, such as social networking sites, to be directly integrated into your FreePrints experience. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Services, you are allowing and authorising us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content (including but not limited to content such as photographs) from such third party services. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and FreePrints will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
Third Party Sites/Products
From time to time, the Site and Services may include links to third party sites or products that we think may be of interest to you. We make no representations or warranties concerning such third party sites or products, and your use of and communications with such third party sites and products will be governed by the policies and rules of such third parties. Accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connexion with use of or reliance on any such third party sites or products.
Due to the personalised nature of the Products, all sales are final when you submit your payment and no refunds will be given. Please carefully review all proofs before finalising your order. Note that shipping and handling charges may apply to Services that are otherwise offered on a free or promotional basis.
You will defend and hold harmless us and our owners, directors, officers, employees, representatives, agents and affiliates against any third party claim, action, suit or proceeding that arises from, is based on or connected with Your Content or your access of the Site or use of the Services, and indemnify us for all losses, damages, expenses, and costs (including reasonable attorney's fees and costs) incurred by us in connexion with any such claim, action, suit or proceeding.
To the extent the Site or Services or any portion thereof is made available for any fee or charge (including without limitation shipping and handling charges), you will be required to select a form of payment and provide FreePrints information regarding your credit card or other form of payment authorised by FreePrints. You represent and warrant to FreePrints that such information is true and that you are authorised to use the selected form of payment. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay FreePrints all fees and charges incurred in accordance with the authorised form of payment and these Terms. If you dispute any fees or charges you must let FreePrints know within sixty (60) days after the date that FreePrints invoices you.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SITE, SERVICES AND PRODUCTS AVAILABLE THROUGH FREEPRINTS ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. FREEPRINTS HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SITE, SERVICES AND PRODUCTS (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY, (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY FREEPRINTS OR FREEPRINTS' REPRESENTATIVES SHALL BE DEEMED TO CREATE A WARRANTY.
Limitation of Liability
FREEPRINTS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL FREEPRINTS BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT FREEPRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FREEPRINTS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. FREEPRINTS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SITE AND THE SERVICES IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL FREEPRINTS' LIABILITY TO YOU EXCEED THE GREATER OF FIFTY POUNDS (£50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO FREEPRINTS FOR THE SERVICES IN DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES AND, IN SUCH JURISDICTIONS, FREEPRINTS' LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WE STRONGLY SUGGEST THAT YOU DO NOT POST ORIGINAL FILM, PRINTS OR NEGATIVES FREEPRINTS WITHOUT RETAINING A COPY FOR YOUR RECORDS. IF YOUR FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, FREEPRINTS' SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.
We respect the intellectual property rights of others and ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information at firstname.lastname@example.org:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf;
- your address, telephone number, and email address; and
- an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Termination of Account
You may terminate your account at any time. If you violate these Terms, we reserve the right to limit your access to the Site and Services or terminate your account. You agree that any termination of your access to the Site and Services and deactivation of your account under any provision of these Terms may be effected without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination and deactivation.
We reserve the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Any updates, new services or any modifications of existing Services will be governed by the Terms. The continued use of the Site or Services following the posting of changes to the Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms. All prices and features of the Site, Services and Products are subject to change without notice. We reserve the right to terminate your user account or your use of the Site and Services and discard Your Content at any time without notice.
We reserve the right to modify or discontinue, temporarily or permanently, the Site and the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
All disputes arising out of or otherwise relating to these Terms, the Site, Services and Products will be resolved under English law, irrespective of its choice of law rules. The courts of England shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising from the Terms or Services.
These Terms constitute the entire agreement between you and us governing your use of the Site, Services and Products. If there is any conflict or inconsistency between these Terms and any other terms or conditions available elsewhere regarding the Site, Services or Products, these Terms will prevail and be given precedence.
The waiver of any right under these Terms will not operate as past, present or future waiver of that right or of any other right. No waiver shall be effective in any case unless acknowledged and agreed to by us in writing.
If any provisions of these Terms should be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the other provisions shall remain in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and FreePrints as a result of these Terms or the use of the Site or Services. FreePrints has the right to assign any or all of its rights and obligations under these Terms at any time; however, all rights that you may have under these Terms or otherwise in and to the Site and Services may not be assigned by you without the express written consent of FreePrints.
Acknowledgements — Android
ActionBarSherlock - Copyright 2012 Jake Wharton. SlidingMenu - Copyright 2012 Jeremy Feinstein. ActionBarSherlock, SlidingMenu. HoloEverywhere is licensed under the LGPLv3.