Terms of use

Terms of Use

THESE TERMS OF USE (“TOU”) GOVERN YOUR USE OF THIS WEBSITE ("Site"), WHETHER AS A GUEST OR REGISTERED USER. BY ACCESSING THE SITE (AND THE SERVICES PROVIDED THROUGH THE SITE), YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY.

The Site provides access to a number of services provided by us that may only be used in accordance with these TOU. The services may include, but are not necessarily limited to:

• The ability to download KoodibooK applications

• The ability to upload digital images, text, video and other content from various sources;

• The ability to create a photobook with uploaded digital images, text and effects;

• The ability to search, view, share, comment on and rate content on the site;

• The ability to order KoodibooK products displayed on the Site and through third party sites.

• The ability to sell KoodibooK products which use your content via the site.

together the "Services".

Privacy and Personal Information

We may collect personal information about you (in the registration form or other online form, or given to us in any other way) to improve and personalise your experience of the Site and/or any Services. By submitting your personal information to the Site, you are providing us with your consent to collect such personal information from you.

We will respect the privacy of your personal information in accordance with our Privacy Policy (http://www.koodibook.com/Privacy). We will comply with all applicable data protection legislation in respect of it. You agree to keep your data accurate and up to date and to send us any new or revised personal data.

Use of KoodibooK Software

KoodibooK software, sometimes referred to as (the “Software”) and accompanying documentation that are made available by download from this Site are the copyrighted work of KoodibooK. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this Site. You will not be able to download or install any software that is accompanied by or includes the end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. Subject to applicable laws, you may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Accounts and Security

Some areas of this Site require registration. If you have registered with us and subsequently change your details, you should immediately notify us of any changes by updating the appropriate information in your account page (at http://www.koodibook.com/my/account). If that fails you should email details to the user support team at support@koodibook.com.

When you register, you are registering as a personal user of this Site. Access to registration areas is via your registered email address and password.

We allow you access to the registration areas of the Site on the basis that:

(i) your email address and password are personal to you and may not be used by anyone else to access this Site;
(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of this Site;
(iii) you do not maliciously create additional registration accounts for the purpose of abusing the functionality of the Site, or other users; nor do you seek to pass yourself off as another user; and
(iv) you comply with these TOU.

If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of this Site immediately and without giving you any advance notice. There is no charge for opening a KoodibooK account; however there may be charges for other products or services supplied by us. You will be notified of these charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card and other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your credit card once the order has been accepted by us.

Copyright and Ownership

All materials on this Site including but not limited to information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (collectively referred to as the "Content") are protected by copyright laws and international conventions. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site belonging to KoodibooK Limited or other corporations. By making them available on this Site, KoodibooK Limited is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Please see the KoodibooK Copyright Infringement and Digital Millennium Copyright Act page (http://www.koodibook.com/Copyright) for our policy on notices of alleged copyright infringement.

Images, Services and Products

You can use the Site to allow your photobooks to be accessed by any member of the public. By sharing your photobooks you warrant that you have obtained all the necessary third party consents to permit you to do so and further that the sharing of the same does not infringe the rights of any third party.

Although we prohibit the uploading of certain types of image to the Site, we cannot control, nor do we monitor the use of the Site. It is possible that images or other material may appear on the Site which are unlawful or offensive and contravene our restrictions on content. We are not responsible or liable for such images or material but if you become aware of any such images or material on our websites please contact us without delay.

You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

- any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or

- any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Members of the public are permitted to view, buy printed items, submit comments, rate, link to and notify offensive material in respect of those photobooks which you have given them access to. We will not be responsible for any action taken by any member of the public who has been given access by you to your photobooks.

You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of any images uploaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our Site.

Once you have placed an order for any printing services through the Site, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation will be provided by email.

Please see our Returns Policy at http://www.koodibook.com/Returns.

Limited License

This Site and its Services are provided by KoodibooK Limited and may be used for informational purpose only. By using this Site, uploading or downloading materials from this Site, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions, do not use this Site or download materials from this Site. Subject to your continued compliance with the terms and conditions set forth in this Agreement, KoodibooK Limited grants you, a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds, videos and text thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. If you download any Content, you may not remove any copyright or trademark notices or other notices that go with it.

Member Conduct

You acknowledge that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not KoodibooK are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. KoodibooK does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable or otherwise unlawful. Under no circumstances will KoodibooK be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services. You agree to not use the Services to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or unlawful;
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information whether or not learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
l. "stalk" or otherwise harass another; or
m. extract, collect, process, combine or store personal data about other users.

You acknowledge that KoodibooK has no obligation to monitor Content. KoodibooK and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOU or is otherwise objectionable. You agree that 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. You agree that KoodibooK may access, preserve, and disclose your account information and Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of KoodibooK or its affiliated companies; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of KoodibooK, its users and the public. You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. KoodibooK reserves the right to terminate your access to some or all parts of its Services if you withdraw your consent in this paragraph at any time.

Rights to User's Material

You retain all intellectual property rights, including copyright, in those images that you have uploaded to our websites or emailed to use where you already own such rights.

You hereby grant to KoodibooK a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable licence to display, reproduce, modify, print, transmit, publish, use or distribute any of the images or other content that you upload or post on the Site subject to these TOU.

It is a condition of allowing you to use the Site and the Services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to the Site and to allow us to process and otherwise deal with those images in accordance with these TOU.

By publishing publicly you grant KoodibooK the right to re-use your intellectual property for inclusion in various print and online marketing activities such as advertising, competitions, samples, etc.

You may not upload, email to us or otherwise deal in relation to the Site, with any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

Availability of Products/Services

KoodibooK makes no representation that the products and services displayed on the Site are appropriate or available for purchase or use in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a KoodibooK Limited authorized representative for the availability of specific products and services in your area. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

NO WARRANTY

YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS SATISFACTORY QUALITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE THROUGH THE SITE. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE TO THE EXTENT PERMITTED BY APPLICABLE LAW AND IN DURATION TO NINETY (90) DAYS FROM THE INITIAL DATE OF ACCESSING THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORESEEABLE OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO THE VALUE OF ANY KOODIBOOK PRODUCTS THAT YOU HAVE PURCHASED IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM. IN ANY EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold KoodibooK Limited and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in KoodibooK Limited's defence of any claim. KoodibooK Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of KoodibooK Limited.

Severability/No Waiver

If any provision of these TOU, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these TOU and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. Neither our failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by us of any of our powers or rights will preclude us from exercising such powers and rights in the future or from exercising other powers and rights.

Governing Law

By accessing this Site, you and KoodibooK agree that all matters relating to your access to, or use of, this Site shall be governed by and interpreted in accordance with the laws England and Wales, and shall be subject to the jurisdiction of the courts of England.

Scope and Changes

These Terms of Use represent the entire Agreement between KoodibooK Limited ("we", "our" and "us") and you, superseding prior agreements concerning the same subject matter. WE MAY CHANGE THESE TERMS OF USE AT ANY TIME. WE URGE YOU TO REVIEW THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING THE SITE AFTER A CHANGE TO THESE TERMS OF USE, YOU WILL HAVE ACCEPTED THE CHANGES.