PhotobookGenius - Terms of Use
PhotobookGenius - Terms of Use
(effective from 28th March 2021)
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PHOTOBOOK GENIUS WEBSITE, MOBILE APPS AND OTHER SERVICES.
Welcome to Photobook Genius, a website for creating Photobooks from your Social Media content. This website, and all other related information, content and services made available to you (which, collectively are referred to as the "App"), are provided to you by Photobook Genius Limited ("Photobook Genius" or "We"). To use the services provided by this App, you are asked to connect to other service providers (e.g. Facebook, Instagram, Dropbox or Google Photos), hereafter referred to as "Social Media Providers". These Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this App. By accessing or using this App you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended or supplemented from time to time.
Photobook Genius may make changes to this Agreement from time to time in its sole discretion, by updating this page, and specifying the effective date of the new version of the Agreement. Your continued use of the App following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this App you should check to see if a new version of the Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or the App you may contact a representative of Photobook Genius by e-mail at info@photobookgenius.com.
To use this App, you are required to connect to a social media account (e.g. Facebook, Instagram, Dropbox or Google Photos). This App is directed to people all over the the world who have one of the social media accounts supported by ths App. This app is targeted at adults, and is not intended for children under the age of 13, since this is the minimum age restriction on most social media platforms.
The information that we obtain through your use of the App, whether collected through the ordering of photobooks or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the App. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the App.
To use the services provided by this App, you are asked to connect to a Social Media Provider. Connecting your Photobook Genius account to a Social Media Provider constitutes acceptance of the Terms of Use and Privacy Policy provided by your Social Media Provider(s). Photobook Genius is not affiliated with the Social Media Providers in any way. The App uses the information that is made available by the Social Media Providers when authorised by you. We use this information to generate personalised products for you. As we can not guarantee the correctness of this information, it is your responsibility to ensure that you are completely happy with the content provided by the Social Media Provider before placing an order with us.
You agree that you will not use this App to generate or print content that:
You agree to comply with all laws applicable to your use of the App. You also agree that you will not use the App in any way to:
This App is owned by Photobook Genius. All right to, title to, and interest in the Content available via the App, the App's look and feel, the designs, trademarks, service marks, and trade names displayed on the App, the source code, algorithms and methods of generating Content, the domain-name and URLs, are the property of Photobook Genius, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Photobook Genius grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the App only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the App in any other manner or for any other purpose without the prior written permission of Photobook Genius. All rights not expressly granted in this Agreement are expressly reserved to Photobook Genius.
All trademarks, service marks, logos and designs used on this App, whether registered or unregistered, are owned by Photobook Genius or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Photobook Genius or its affiliates without our prior written consent.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTOBOOK GENIUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
PHOTOBOOK GENIUS DOES NOT MAKE ANY WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PHOTOBOOK GENIUS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
PHOTOBOOK GENIUS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE APP. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
ADDITIONALLY, IN NO EVENT WILL PHOTOBOOK GENIUS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE APP; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR APPS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (5) ANY OTHER MATTER RELATING TO THE APP. THESE LIMITATIONS WILL APPLY WHETHER OR NOT PHOTOBOOK GENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Photobook Genius, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the App.
Photobook Genius may at any time modify, discontinue, or suspend its operation of this App, or any part thereof, temporarily or permanently, without notice to you.
Photobook Genius may at any time terminate your use of the App, or any part thereof, and may remove or delete any or all of your Content within the App, without prior notice to you, for any reason that Photobook Genius, in its sole discretion, deems appropriate.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
This Agreement and the resolution of any dispute related to this Agreement or the App shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any principles of conflicts of law.