Terms and Conditions of Use

PLEASE NOTE THAT THE SECTION LABELLED “WAIVER OF COLLECTIVE OR REPRESENTATIVE ACTION AND AGREEMENT TO ARBITRATION” BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF COLLECTIVE OR REPRESENTATIVE ACTION. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF ANY SERVICE OR PRODUCT.

Welcome! We’re glad you’re here and thank you for selecting the services that we offer through our websites, mobile applications or by telephone (hereinafter referred to as “Services”). As the developer of the Services (“we,” “us” or “our”), we want to provide you with some guidance as to our terms and conditions of use for the Services set forth below (these “Terms and Conditions”). By registering or otherwise accessing, downloading, installing, using and/or partaking of the Services, as the case may be, you are agreeing with all of these Terms and Conditions.

Registration

Our mobile apps require that you register and set up a user account to use the Services. We make registration optional by means of the Guest Checkout option, if you prefer. By registering or otherwise accessing, downloading, installing, using and/or partaking of the Services, you represent and warrant that (a) you are at least eighteen (18) years of age and (b) you have provided us with true, accurate and current information about yourself during the registration process (including, without limitation, your name and valid email address). You acknowledge that erroneous information may result in being unable to complete your transaction. You represent and warrant that you shall provide and maintain true, complete and current account information, and update your email address and phone number as long as your account remains active. Registration data and other information that you provide are governed by our Privacy Policy. You may not access or use the Services in any manner if you are younger than eighteen (18) years old. By providing your contact information to us, you agree that we may contact you in relation to your account and/or orders.

You are solely responsible for all activities that occur under your account and for ensuring that you exit or log out of your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You shall notify us immediately of any unauthorised use of your account or password or any other breach of security that you suspect or know of.

Mobile Services

Some of the Services are available via a mobile device, which may include, without limitation, (a) the ability to upload content to the Services, (b) the ability to browse the Services and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively referred to as “Mobile Services”). Access to the Services through a mobile device may be subject to your mobile provider's standard charges, data rates and other fees. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and it may be the case that not all Mobile Services work with all carriers or devices. By using the Mobile Services, you acknowledge and agree that certain information about your usage of the Mobile Services may be communicated to us.

Your Content

Our company provides personalised products (hereinafter referred to as “Products”). The Products generally require information that you provide, including, without limitation, text, photographs or images (hereinafter referred to as “Your Content”). The Services and the Products are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms and Conditions, and you may not access or use the Services for any commercial purpose whatsoever. Any use of the Services other than as expressly authorised in these Terms and Conditions is strictly prohibited. All rights not expressly granted in these Terms and Conditions are hereby expressly reserved by us.

By submitting Your Content to us, you grant us a nonexclusive, worldwide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable licence to reproduce, prepare derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise use and exploit Your Content for the limited purpose of providing the Services and promoting other services to you that we believe shall be of interest to you. You represent and warrant that you either own Your Content or have a written licence or other valid permission from the applicable intellectual property rights owner(s) (for example, and without limitation, your photographer) to make Your Content available to us for use with the Services and on the Products you order.

Without limiting the general nature of the preceding paragraph, you acknowledge that we shall need to work with Your Content in order to provide you with the Services and the Product. For example, and without limitation, we shall copy, and may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “Transmit”) Your Content when making the Products, and we shall distribute Your Content when shipping the Products to you. By the licence granted above, you are giving us permission to do this and, because we are using Your Content to provide you with the Services and the Products, you shall not charge us any royalty. 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 to use elements of Your Content to make Products for new orders, all without the need to upload Your Content again. We agree that our use of Your Content shall be limited to the scope of the Services and the Products that we provide. Rest assured that we will never use Your Content to market, promote or advertise the Services to others without your express written permission.

We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content should we believe that it falls within the Prohibited Uses of the Services set forth below.

Our Intellectual Property

You acknowledge and agree that the Services contain software and content (“Our Intellectual Property”) that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and is owned by us and/or our licensors or affiliates.

Without limitation, unless otherwise designated, we own all of Our Intellectual Property, including, without limitation, all of the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms and Conditions or otherwise grants any licence or right to use any of Our Trademarks. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks shall inure to our exclusive benefit.

The use of prints, images or screen captures from the 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 connection with your use of the Services. You may not 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 or to Our Intellectual Property.

Third-party Intellectual Property

Certain of the Services and the Products contain images, photographs, layouts, designs and other content that may consist of the copyrights, trademarks, service marks, trade names and other intellectual property of third parties (collectively referred to as “Third-party Content”). Third-party Content is provided for your convenience for the specific purposes for which we have provided it. You may not use Third-party Content for any other purposes whatsoever without prior express authorisation from its owner.

Prohibited Uses of the Services

You are solely responsible for Your Content that you Transmit via the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms and Conditions, including, without limitation, removing any offending content from the Services, suspending or terminating any account of such violator(s) and reporting such violator(s) to appropriate legal authorities. As a condition for accessing and using the Services, you agree not to use the Services to: