h1. TERMS AND CONDITIONS FOR USE OF THE EASYPHOTOBOOK WEBSITE. h4. DEFINITIONS: In this agreement the following expressions shall have the following meanings: “easyphotobook.net” means the complete hosted image management system with online editor, and e-commerce facility as detailed in schedule 1, this service is owned and operated by Blackdog Digital Ltd. “Site owner” means Blackdog Digital Ltd of 1 King William Yard, Barley, Hertfordshire, SG8 8JA, UK that owns and operates easyphotobook.net sales platforms. “Image” means data in the format of .jpg, .jpeg, .gif, .tiff formats “Payment gateway” means the website or method used to accept payment for the sale of products and services you may have ordered. “End-user” means the person registered on the website who agreed to these terms to register. h4. 1. ACCEPTANCE OF TERMS Your access to and use of this easyphotobook.net website ("the Website") is subject exclusively to these Terms and Conditions. You (“End-user”) will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. h4. 2. ADVICE The contents of the Website are the sole responsibility of its registered users and do not constitute advice and should not be relied upon in making or refraining from making, any decision. h4. 3. SUBMISSIONS You may NOT upload or print any of the following: * Any material that could give rise to any civil or criminal liability under applicable law; * Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. While Blackdog Digital Ltd is not responsible for the content of submissions, Blackdog Digital Ltd reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, or in violation of copyright or trademark laws or otherwise unacceptable. Blackdog Digital Ltd will not be liable for the content of any submission. h4. 4. CHANGES TO WEBSITE Blackdog Digital Ltd reserves the right to: * change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Blackdog Digital Ltd shall not be liable to you for any such change or removal; and * Changes to these Terms and Conditions can be made at any time, your continued use of the Website following any changes shall be deemed to be your acceptance of such changes. Please check these terms periodically to make sure you still agree to them. Any major changes will include a notification via email to the registered users email address. h4. 5. LINKS TO THIRD PARTY WEBSITES The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. h4. 6. COPYRIGHT Each image submitter is required by European Community, US and some other regional international laws to own the right to or obtain permission to use any image before the image is uploaded or printed at Blackdog Digital Ltd. Blackdog Digital Ltd may request confirmation of copyright ownership from the submitter. Blackdog Digital Ltd reserves the right to remove images or suspend viewing or printing of images until such confirmation is received. Blackdog Digital Ltd is committed to protecting photographers’ copyrights. Customers viewing images through the easyphotobook.net service will not have access to the full resolution versions of the images. However, we have no way to prevent customers from saving low-resolution versions of the images with or without watermarking. 6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Blackdog Digital Ltd or otherwise used by Blackdog Digital Ltd as permitted by law. 6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. h4. 7. PRICING 7.1 The price of the Goods shall be that stipulated on the Website. The price is Inclusive of VAT. The price excludes any delivery charges. 7.2 The total purchase price, including VAT and delivery charges, if any, will be displayed after confirming payment method and delivery method at the end of the order process in the End-user's shopping cart. It is always displayed prior to confirming the order and prior to entering any payment details. 7.3 After the order is received the Blackdog Digital Ltd shall confirm by email (supplied by the End-user in his/her user account) the details, description and price for the Goods. 7.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods, unless prior written authorization is given to the End-user by EasyPhotoBook.net. h4. 8. AGE OF CONSENT 8.1 Where Goods may only be purchased by persons of a certain age the End-user will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. 8.2 If the Blackdog Digital Ltd discovers that the End-user is not legally entitled to order certain Goods, the Blackdog Digital Ltd shall be entitled to cancel the order immediately, without notice. h4. 9. DELIVERY 9.1 Goods supplied within the EU will normally be delivered within 10 working days of acceptance of order. 9.2 Goods supplied outside the EU will normally be delivered within 20 working days of acceptance of order. 9.3 Where a specific delivery date has been agreed previously in writing, and where this delivery date cannot be met, the End-user will be notified and given the opportunity to agree a new delivery date or receive a full refund before any shipments have been made. 9.4 The Blackdog Digital Ltd shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Blackdog Digital Ltd shall not be liable for any losses, costs, damages or expenses incurred by the End-user or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 9.5 Delivery of the Goods shall be made to the End-user's address specified in the order and the End-user shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 9.6 Risk in the Goods shall pass to the End-user upon delivery of the Goods, or where the End-user fails to take delivery at the agreed time, at the time delivery was attempted. 9.7 Title in the Goods shall not pass to the End-user until payment of the price has been made in full. h4. 10. ORDER AND SHIPPING CONFIRMATION EMAILS Order and shipping confirmation emails will be sent to customers ordering from Blackdog Digital Ltd easyphotobook.net. h4. 11. RETURNS Blackdog Digital Ltd is not liable for returns due to poor image quality, cropping, enhancements gallery owners did or did not apply, or any other factors out of Blackdog Digital Ltd’s control. Blackdog Digital Ltd shall only bear responsibility for costs associated with returns due to manufacturer defects, or printing or shipping errors. In such cases, Blackdog Digital Ltd shall, in its discretion, either replace the order in question at no cost to the end-user, or issue a refund. h4. 12. GALLERY MAINTENANCE The end user will be responsible for updating and maintaining the galleries in their account. This includes creating, maintaining and updating gallery pages, and creating and maintaining passwords (as desired). h4. 13. SITE SOFTWARE The site software remains the exclusive property of Blackdog Digital Ltd. h4. 14. SUSPENSION/TERMINATION Blackdog Digital Ltd reserves the right to remove images, close individual galleries, and or terminate this relationship without cause. If you wish to terminate this relationship you will need to provide 30-day written notice to allow for all images to be removed. h4. 15. DISCLAIMERS, LIMITATION OF LIABILITY AND FORCE MAJEURE 15.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, no infringement, compatibility, security and accuracy. 15.2 To the extent permitted by law, Blackdog Digital Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 15.3 Blackdog Digital Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 15.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Blackdog Digital Ltd for death or personal injury as a result of the negligence of Blackdog Digital Ltd or that of its employees or agents. 15.5 Blackdog Digital Ltd shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Blackdog Digital Ltd shall be entitled to a reasonable extension of its obligations. h4. 16. INDEMNITY You agree to indemnify and hold Blackdog Digital Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Blackdog Digital Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. h4. 17. SEVERANCE If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. h4. 18. GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts. The site owner or site owner is responsible for making sure the website meets any local or regional legal requirements.