Terms of use

Introduction

This page (together with the documents referred to on it) tells you the terms of use ("the Terms") on which you ("you", "the user") may make use of our website at photokit.com ("the Website"). Please read these Terms carefully before you start to use the Website. You may only use the Website (and the services provided through the Website) if you agree to these Terms. Your use of the Website indicates your acceptance of these Terms. If you are unhappy with any aspect of these Terms, then you should contact us before placing an order.

The Website is designed for your convenience and if you have any comments or problems and any questions regarding the Website and/or products and services featured on the Website, or should you have experienced technical problems while using the Website please contact us.

The Website provides access to a number of services provided by us that may only be used in accordance with these Terms. The services include, but are not necessarily limited to the ability to upload digital images to the Website;

Only persons aged 13 years or over may access the Website and use the services offered by us.

We may change, modify or revise these Terms of use at any time by amending this page. The changes made to the Terms will come into effect as soon as they are posted on the Website and your use of the Website (or of any services provided through the Website) will be subject to the amended Terms. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you. By continuing to use the Website you will be deemed to accept such variations of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

Uploaded content and images

You may upload digital images to the Website. Images uploaded to the Website must be digital images in JPEG, PNG or GIF formats. For further guidance and information on images and uploading please visit our Privacy Policy.

Although we prohibit the uploading of certain types of image to the Website, we cannot control, nor do we monitor the use of the Website. It is possible that images or other material may appear on the Website which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on the Website please contact us without delay.

We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the Website including the uploading or emailing of any images in breach of the above restrictions on content. 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 services to anyone who breaches these Terms.

You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

• any use by you of the Website 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; or
• any claim that the processing, printing or other dealing by us 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.

What you are allowed to do

You may access any part of the Website provided that it is not password protected. Access to some parts of the Website is only available if you have a valid password. You may not access these areas without a valid password.

What you are not allowed to do

You are not allowed to use the Website (or to copy or use any material from the Website) for any commercial purpose other than to conduct a commercial transaction with us unless you have our permission. Such forbidden commercial transactions include allowing access to your photo album in return for payment or for any other commercial purpose.

You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on the Website from any copies or printed items taken of material from the Website.

You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:

• material which is defamatory of any person;
• material which is pornographic, obscene, indecent or offensive;
• material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• material that is likely to incite hatred or violence against any person or group;
• material that is likely to deceive any person;
• blasphemous material;
• material which concerns or relates to any criminal act;
• material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
• material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
• material which is threatening, abusive or invades another's privacy, causes annoyance, inconvenience or needless anxiety;
• material which is likely to harass, upset, embarrass, alarm or annoy any other person;
• material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• material which gives the impression that it emanates from us, if this is not the case;
• material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
• material that breaches any applicable laws or legislation.

You are not allowed to:

• create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this Website except where expressly permitted on the Website;
• disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
• transmit or re-circulate any material obtained from this Website to any third party except where expressly permitted on this Website;
• disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
• disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use the Website in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute; or
• post link(s) that take users to material that contravenes any of the above restrictions.

We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.

Rights

You retain all intellectual property rights, including copyright, in those images that you have uploaded to the Website where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the Website.

You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the Website and to allow us to process and otherwise deal with those images in accordance with these Terms.

You may not upload, request us to print, or otherwise deal with, in relation to the Website, any images or other material where you do not have the right to do so or allow us to use such images or other material if such use would infringe any existing third party intellectual property or contractual rights. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

Operation of the Website

We may change the format and content of the Website (or any products or services offered by the Website) at any time.

We may terminate or suspend the operation of the Website (or terminate or suspend provision of any products or services offered through the Website) 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 backups 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 the loss of, deletion or corruption of any images or any other material uploaded onto the Website.

Because public networks, such as the internet, occasionally experience disruptions, we cannot guarantee the Website will be available at all times. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.

Information on the Website may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content of the Website is accurate, complete, reliable, current, or error-free.

Data Protection

Personal data provided to us through the Website 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.

Limitation of liability

We are not responsible for the content of any external website featured as a link on the Website, nor are we responsible for the content of any advertiser's website or the conduct of any business or individual advertising on the Website. Any such links are provided merely as a service to users of the Website and their inclusion in the Website does not constitute an endorsement by or affiliation with us.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising these Terms. It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will we be liable to you or any other any party associated with you for any direct, indirect, special or other consequential damages for any use of the Website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we have been expressly advised of the possibility of such damages.

Nothing in these Terms shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

Linking to the Website

We welcome "hot links" to the Home Page of the Website, but not "deep linking" by which we mean that you may not include a link to any page of the Website that is not the home page. Neither may you display the contents of the Website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us.

Computer viruses

We will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.

Severability

In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.

Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of law principles.

Description of Membership Services

Photokit.com offers subscribers the ability to retrieve, edit, and save their photos to their computer, as well as to several third party sites. Some features of our services, including the Premium version of our photo editor, require a fee-based membership("Membership Services"). If you elect to purchase Membership Services you understand that this membership is an ongoing, recurring membership until you elect to cancel. This can be done by purchasing a VIP code.

If you elect to purchase Membership Services you understand that you can distribute your VIP code to your relatives, colleagues or friends, but please strictly control the scope of your distribution. If the number of devices or users logged in at the same time exceeds the Maximum allowed value, Users who logged in early will be automatically logged out. If you find that your VIP code is illegally logged in, you can contact us to replace it with a new code. New features will be added to the Photokit.com on a regular basis. Some features may become free at the sole discretion of Photokit.com. Accordingly, the Membership Services may change without prior notice. We reserve the right, upon prior notice to you, to change the amount of any fees, effective at the end of your current membership period.

• VIP code is not stackable
• A VIP code can only login to one device at the same time
• VIP does not include API and batch cutout function
• 7-day money-back guarantee, no matter the reason
• VIP Support: support@photokit.com