1. Parties of the Terms
1.1 The names and legal addresses of the parties to these terms are as follows:
Internet Photographers Ltd, trade name BestAlbum4You (hereinafter referred to as "INTERNET PHOTOGRAPHERS LTD"), a company duly organized and validly existing under the laws of Seychelles, International Business Companies Act 1994 (act 24 of 1994) and located Mont Fleuri, Mahe, Seychelles.
You (hereinafter referred to as "CUSTOMER") as a user of INTERNET PHOTOGRAPHERS LTD services, software and/or websites.
2. Acceptance of Terms
2.1 By using INTERNET PHOTOGRAPHERS LTD services, software and websites the CUSTOMER confirms acceptance of, and agrees to be bound by, these terms.
3. Description of Software
3.1 BestAlbum4You is a free software download developed and designed by INTERNET PHOTOGRAPHERS LTD to help CUSTOMERs create beautiful personal albums (hereinafter referred to as "PERSONAL ALBUM") with only a few clicks.
3.2 The CUSTOMER can then send the PERSONAL ALBUM to INTERNET PHOTOGRAPHERS LTD using the internet or by CDROM.
3.3 The CUSTOMER will receive his PERSONAL ALBUM by mail after providing INTERNET PHOTOGRAPHERS LTD with payment using one of the secure payment methods or by money transfer.
4. Terms of Use
4.1 The CUSTOMER must provide INTERNET PHOTOGRAPHERS LTD with a valid e-mail address (hereinafter referred to as "E-MAIL") and valid postal address in order to successfully complete the purchase of his PERSONAL ALBUM.
4.2 Depending on the chosen payment option INTERNET PHOTOGRAPHERS LTD will also use E-MAIL to provide the CUSTOMER with extra information regarding his payment.
4.3 INTERNET PHOTOGRAPHERS LTD will not share your E-MAIL, except for providing the CUSTOMER with PERSONAL ALBUM related promotions and products, INTERNET PHOTOGRAPHERS LTD may give you the opportunity to opt out of receiving these e-mails.
4.4 INTERNET PHOTOGRAPHERS LTD does not store credit card information.
4.5 INTERNET PHOTOGRAPHERS LTD handles a no-return policy and will not provide the CUSTOMER with a refund unless the CUSTOMER provides proof that the PERSONAL ALBUM doesn't correspond with the PERSONAL ALBUM created on the CUSTOMERs personal computer using the BestAlbum4You software provided by INTERNET PHOTOGRAPHERS LTD.
4.6 The CUSTOMER understands that by using services provided by INTERNET PHOTOGRAPHERS LTD, the CUSTOMER may be exposed to Content that may be found offensive, indecent or objectionable and that, in this respect, the CUSTOMER uses the services at CUSTOMERS own risk.
4.7 The CUSTOMER agrees that the CUSTOMER will not engage in any activity that interferes with or disrupts the services (or the software, servers and networks which are connected to the services) provided by INTERNET PHOTOGRAPHERS LTD.
4.8 The CUSTOMER agrees not to access (or attempt to access) any of the services provided by INTERNET PHOTOGRAPHERS LTD by any means other than through the interface that is provided by INTERNET PHOTOGRAPHERS LTD, unless the CUSTOMER has been specifically allowed to do so in a separate agreement with INTERNET PHOTOGRAPHERS LTD.
4.9 The CUSTOMER understands and agrees that downloading and/or using the BestAlbum4You software is at the CUSTOMERs own discretion and risk and that the CUSTOMER will be solely responsable for any damages to the CUSTOMERs computer system and/or any loss of data that results from the download or use of the BestAlbum4You software.
5. Obligations of INTERNET PHOTOGRAPHERS LTD
5.1 INTERNET PHOTOGRAPHERS LTD agrees to sent off the completed PERSONAL ALBUM within 3 working days, or in extreme cases as soon as reasonably possible.
5.2 INTERNET PHOTOGRAPHERS LTD's highest priority is to keep its service up and running 24/7, though the service may occasionally experience short outages. INTERNET PHOTOGRAPHERS LTD commits to service these problems in the shortest time possible, though the CUSTOMER understands and agrees that the service and software is provided on an AS IS and AS AVAILABLE basis. INTERNET PHOTOGRAPHERS LTD disclaims all responsibility and liability for the availability, timeliness, security or reliability of the service and software. INTERNET PHOTOGRAPHERS LTD also reserves the right to modify, suspend or discontinue the service and software with or without notice at any time and without any liability to the CUSTOMER.
6. Trademark and brands of INTERNET PHOTOGRAPHERS LTD
6.1 Unless the CUSTOMER has agreed otherwise in writing with INTERNET PHOTOGRAPHERS LTD, nothing in the Terms gives the CUSTOMER a right to use any of INTERNET PHOTOGRAPHERS LTD's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features other than specified in these terms.
6.2 The CUSTOMER agrees not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the services.
6.3 The CUSTOMER agrees not to register any of INTERNET PHOTOGRAPHERS LTD's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features locally or internationally under any form.
7. Deviation of Terms
7.1 Any deviations from these Terms and Conditions, including but not limited to contradictory terms and conditions stipulated by the CUSTOMER, apply only to the extent that INTERNET PHOTOGRAPHERS and the CUSTOMER have expressly agreed to their validity in writing and do not count establish an acquired right.
7.2 An deviations from these Terms and Conditions are only applicable after written authorization by INTERNET PHOTOGRAPHERS LTD.
8. General Legal Terms
8.1 The Terms, and the CUSTOMERs relationship with INTERNET PHOTOGRAPHERS LTD under the Terms, shall be governed by the Seychelles law. The CUSTOMER and INTERNET PHOTOGRAPHERS LTD agree to submit to the exclusive jurisdiction of the courts of the Seychelles to resolve any legal matter arising from the Terms. Notwithstanding this, the CUSTOMER agrees that INTERNET PHOTOGRAPHERS LTD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
9. Changes to the Terms
9.1 INTERNET PHOTOGRAPHERS LTD may change these terms from time to time. Any modifications will be posted to this location before they go into effect.
10. Questions
10.1 If you have any questions regarding these terms, please feel free to contact us through this e-mail address: tos@bestalbum4you.com.
