| Terms of Service
Introduction
· This web site is operated by Sky Design SARL ("we"
or "us").
· The web site provides access to a number of services
that may be used in accordance with these terms. The services
include:
· the ability to upload digital images to the web site
or to email digital images to us so that we can upload them
to the web site on your behalf;
· the ability to order engravings of digital images
that have been uploaded to the web site or emailed to us.
· These terms govern the relationship between you and
us. The web site (and the services provided through the web
site) can only be used if you agree to these terms. You may
only use the web site in accordance with these terms.
· Only persons aged eighteen years or over may agree
to these terms and use the web site or the services offered
through the web site.
· We may modify these terms at any time. We will post
the modified terms on the web site. We will notify you by
email if we do so. The modified terms will come into effect
as soon as they are posted on the web site and use of the
web site (or of any services provided through the web site)
after that point will be subject to the modified terms.
Your Account
· You may open an account with Sky Design by
completing the Registration Form. Once your registration has
been accepted (and until your account is terminated) you will
be allowed (subject to the restrictions contained in these
terms) to upload images to the web site, to email images to
us to upload the web site on your behalf and (subject to agreeing
to any additional terms applying to them) request services
to be supplied by us (such as the engraving of images uploaded
or emailed by you or on your behalf).
· You will have to give your email address in order
to open an account. Your email address will help us to verify
your identity on future visits. In the event that you register
using a non-existent email address or an email address that
belongs to someone else, Sky Design may terminate your account
without notice. There is no charge for opening a Sky Design
account.
· There may be charges for other services supplied
by us. These will be notified to you at the time you request
the services. When you place an order for goods or services
, you will need to give your credit card number. Any charges
for the services requested will be billed to your credit card
once the order has been accepted.
· In the event that you give details of a non-existent
credit card number or the number of a credit card that belongs
to someone else, we reserve the right to terminate your account
without notice.
Images
· You may upload digital images to the web site yourself
or email or post them to us to upload to the web site. Images
uploaded to the web site or emailed to us for uploading must
be digital images in JPEG format.
What you are allowed
to do
· You may print off one copy per visit of any individual
page or part of a page (other than your own images) of the
web site for your own personal use. Provided that you are
otherwise entitled to do so, you may print off as many copies
of your own images as you wish. In either case, you must not
do any of the things set out under “What you are not
allowed to do”, below.
What you are not allowed to do
· You are not allowed to copy (whether by printing
off onto paper, storing on disk or in any other way), distribute
(including distributing copies), alter or tamper with in any
way or otherwise use any material contained in the web site
except as set out under “what you are allowed to do”
· You are not allowed to use the web site (or to copy
or use any material from the web site) for any commercial
purpose other than to conduct a commercial transaction with
Sky Design.
· You are not allowed to remove any copyright, trade
mark or any other intellectual property notices contained
in the original material from any material copied or printed
off from the web site.
· You are not allowed to upload, email to us or order
prints of any images or other material which contain:
· nudity or pornographic or obscene material;
· racist material;
· material that is likely to incite hatred against
any person or group;
· blasphemous material;
· defamatory or otherwise actionable material;
· images of any criminal act;
· material the use or inclusion of which infringes
any copyright, trademark or other intellectual property right
of any third party;
· material that breaches any applicable laws or legislation
· Although we prohibit the uploading of certain types
of image to the web site, we cannot control the use of our
web site. It is possible that images or other material may
appear on our web site which are unlawful or offensive. We
are not responsible for such images or material but if you
become aware of any such images or material on the web site
you should please contact us without delay.
· We may at our discretion contact law enforcement
authorities if we believe that anything unlawful is occurring
or has occurred in relation to the web site (including the
uploading or emailing of any images in breach of the above
restrictions). We may provide copies of any relevant images
or material to the law enforcement authorities and in that
connection may also give them access to any personal data
that is held by us.
· We may without notice and at our sole discretion
delete or remove any image that has been uploaded, emailed
or submitted for printing in breach of these terms.
· We may refuse to provide any further services to
anyone who breaches these terms.
· You will indemnify us and our officers and employees
against any action, claim, damages, liability, costs and expenses
arising out of:
· any use by you of this web site in breach of these
terms,
· 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;
· any claim that the engraving, printing or other dealing
with by us in accordance with these terms 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.
Rights
· You retain all intellectual property rights, including
copyright, to the images that you have uploaded to the web
site or emailed to us.
· We may display, modify, print, transmit, distribute
or delete any of the images that you upload or email to us,
provided that this use is necessary in order to provide any
of the services offered by us via the web site or is otherwise
allowed by these terms.
· It is a condition of allowing you to use the web
site and any services offered through it that you have the
right to copy, upload or otherwise deal with images in relation
to the web site and to allow us to process and otherwise deal
with those images in accordance with these terms. You may
not upload, email to us, request us to print or otherwise
deal in relation to the web site with any images or other
material unless you have the right to do so and to allow us
to use such images or other material in accordance with these
terms. For example, you may not take photos from another web
site or other publication and do anything with them unless
you have the permission of the relevant rights owner.
Operation of the
web site
· We may change the format and content of the web site
(or any products or services offered by this web site) at
any time.
· We may terminate or suspend the operation of this
web site (or terminate or suspend provision of any products
or services offered via this web site) for support or maintenance
work, in order to update the content or for any other reason.
We may do this at any time and without notice.
· 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 images uploaded by you or emailed to us. We will
not be responsible for keeping backups or for loss of, deletion
or corruption of any images or any other material.
Data protection
· Personal data provided to us through this web site
will only be used in accordance with our privacy policy. Please
read through this carefully before proceeding. By providing
your personal data to us you are consenting to its use in
accordance with our privacy policy.
Services/ products
· Once you have placed an order for any goods or services
via this web site (including any order for printing services),
the order will not be treated as having been accepted until
you receive confirmation from us that this is the case. This
confirmation may be by email or post.
· The decision as to whether to accept any order from
you is at our discretion and we are not bound to do so.
· To maintain continuity of service we reserve the
right to use alternative photographic paper products in the
production of prints, to those stated on the web-site.
· Offer codes may be published from time to time as
part of a promotion. Offer codes may provide a number of free
prints or a discount on part of an order. Offer codes can
only be used for online orders placed through this web site.
A maximum of one offer code can be specified per order. Unless
otherwise specified, postage and packing charges will still
apply to orders subject to an offer code. Further conditions
may apply and if so will be published with the relevant offer
code.
· We will use our reasonable endeavours to reply promptly
to all correspondence. Such reply may be by email or by post.
Termination
· You may terminate your account by contacting us via
email or post. You may be asked to provide further proof that
you are the holder of the account. Your account will be terminated
as soon as reasonably practicable following receipt of your
email or letter.
· We may terminate your account without notice at our
sole discretion.
Questions or complaints
· Complaints or claims must be notified to us within
twenty eight days of receipt of goods, or in the case of non-delivery,
in a reasonable time after the goods were expected to arrive.
· If you have a question or complaint, please contact
us.
Law and jurisdiction
· These terms (and the provision of goods and services
by us) are governed by and to be interpreted in accordance
with English law. In the event of any dispute arising in relation
of these terms or in relation to the provision of any goods
and services by us the English courts will have exclusive
jurisdiction over such dispute.
14, rue Gambetta.
78600 Le Mesnil-le-Roi. France
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