fotosplatter-Send photo gift, personalized photo gifts and custom photo gifts to India
Terms & Conditions

Welcome to fotosplatter!
Before you begin setting up your account with fotosplatter, please read the following Terms of Use carefully. If you agree to these Terms, and wish to use fotosplatter service, please go through the signup process. At the "Join now" page you fill out our enrollment form and click on the "Continue" button. This will constitute a binding agreement between you and fotosplatter. Note that any violation of these Terms may result in termination of our Service to you.

fotosplatter reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.

Registration

Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

Privacy
fotosplatter has a firm commitment to safeguarding your privacy. Please review fotosplatter's Privacy Policy. The terms of fotosplatter's Privacy Policy are considered part of, and are incorporated into, these Terms & Conditions.

Conduct & submissions

Copyrights
You are responsible for all of the images you upload using fotosplatter's service. You must have the legal right to copy each image that you order prints of. Professional images that are provided to you by professional photographers or made available through websites magazines, books or other resources, are protected by copyright and should not be printed using this service.

If you believe that there is evidence of a copyright violation on the site, please send an email to contact@fotosplatter.com.

In addition, the actions further described below, will constitute grounds for blocking your access to our service and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:

 

Upload, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
Upload, order for print, 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 insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
Provide any information to fotosplatter that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

fotosplatter reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms & Conditions have been violated. In addition, fotosplatter reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of fotosplatter or others.

About your account

Access to your account
Your account with fotosplatter is available for your personal, non-commercial use.

Linking directly to images on fotosplatter's servers from external sites is expressly prohibited without the written express permission of fotosplatter.

We need to be able to access your account for the following reasons:


We can reset your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from your account;
To maintain our Service to you and develop new and useful features and services;
To follow a court order, subpoena, complaint or a lawful request from governmental authorities. fotosplatter reserves the right to close accounts set up for fraudulent purposes.
Account fees
There is no fee to open a fotosplatter account.

Storage policy & inactive accounts

Third party software
We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company.

This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using Our Service.

Third party links
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.

Trademark & copyright
fotosplatter and all graphics, logos and service names used to identify fotosplatter products and services are our trademarks. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.

You should assume that all of the content or other works made available to you through the service is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Disclaimer of warranty & limitations of liability
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY fotosplatter ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, fotosplatter DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL IMAGE TO fotosplatter, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH fotosplatter's SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR IMAGE, ANY LOSS OF YOUR IMAGE AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITIAL IMAGES. IN THE EVENT OF ANY MISTAKE BY fotosplatter, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, fotosplatter WILL BE LIABLE ONLY TO THE EXTENT OF ITS RETURN POLICY.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, fotosplatter SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF fotosplatter's SERVICE OR SITE, EVEN IF fotosplatter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

General Terms

No waiver
fotosplatter's failure to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms & Conditions. If a court should find that one or more rights or provisions set forth in these Terms & Conditions are invalid, you agree that the remainder of the Terms & Conditions shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Amendment
fotosplatter reserves the right to amend these Terms & Conditions from time to time. In the event of a material change, we will notify you by email, sent to the email address you provide to us. If you continue to use the service once you have been notified of the changes to the Terms & Conditions, you will be deemed to have accepted the changes.

Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. This Agreement shall be governed by and construed in accordance with the laws.

Export
You are responsible for compliance with all local laws, and you are required to comply with export laws and regulations when you use or export any software or materials provided through the Service.

Customer policy for idea submission
Many of our customers are interested in submitting ideas for products and services to be used at fotosplatter, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:


Unsolicited ideas submitted to fotosplatter or any of its employees automatically become the property of fotosplatter
By submitting unsolicited ideas to fotosplatter you automatically forfeit your right to the intellectual property of these ideas.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to fotosplatter or its employees.

Instead:

Send a message to contact@fotosplatter.com and describe ONLY the general application.
If we think there is opportunity to pursue your idea further, we will contact you. Please note that a proper legal agreement may need to be executed in order to evaluate your concept(s).

Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you. All items purchased through fotosplatter that are shipped are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

When you place an order, fotosplatter will not bill you until we ship the items ordered or until the items are ready to be picked up. fotosplatter reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your account at the time of shipment.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.


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