PhotoAlbumMaker Terms & Conditions
(Digi.we.doo Pty. Ltd. trading as PhotoAlbumMaker hereinafter referred to as: the software)
- Acceptance of terms
- By installing and using this software you agree to the terms and conditions listed below. If you do not agree with these terms you are not permitted to use this software.
- All orders are accepted and handled in accordance with the conditions below.
- After completing the order, we will store the file provided by you on the PhotoAlbumMaker server for 3-6 weeks after which time it will be deleted.
- You are granted a limited, non-exclusive use right to use PhotoAlbumMaker.
- You are solely responsible for the contents of the file you submit and in obeying the laws of Australia.
- PhotoAlbumMaker will not be held liable for the contents of any file you submit.
- In producing the photo product on your behalf, PhotoAlbumMaker assumes that the copyright in the file and all photographs is held by you or that the photos are out of copyright. You are solely responsible for unauthorised use of copyright material.
- When ordering and in distributing your printed photo products you shall strictly observe the laws of Australia or the country to which the product is being distributed.
- This software and related documentation is protected under Australian Copyright law.
- You are not permitted to distribute, lease, modify or analys by means of reverse engineering this software. You are permitted to use the software for the creation of your photo products.
- PhotoAlbumMaker will not accept liability for damage or loss of any files on your computer or network.
- PhotoAlbumMaker emphasises that the quality of the prints in the albums ordered will never be better than is to be expected on the basis of what you see on your computer monitor when using the software. Take care in proofing and previewing your photo product and carefully check your spelling.
- The colour of the final product produced by PhotoAlbumMaker may vary from what you see on your computer monitor.
- PhotoAlbumMaker’s liability is limited to errors which are related to production, shipping and delivery of the product.
- PhotoAlbumMaker does not warrant that the software will comply with any expectations or purpose or that the software will be free of defects.
- This license agreement expires by termination only.
- The user may at any time terminate this license by removing the software from their system.
- PhotoAlbumMaker may terminate this agreement for any reason including but not limited by, if PhotoAlbumMaker has reasons to believe the user is not abiding by these terms and conditions.
- Delivery time
- Our service level is to complete an order within 5 to 10 business days and we dispatch by the method chosen in the order. Unless express delivery is chosen, then delivery will be within 5 business days.
- PhotoAlbumMaker will not be held responsible if delivery is not made within the nominated time if it is for reasons out of our control.
- Delayed delivery is not a basis for cancellation of the order or a request for compensation.
- Where your Order is received by you damaged, you must immediately contact PhotoAlbumMaker Support via email (service[at]photoalbummaker.com.au) and quote your Order number.
- At our discretion, we may ask you to return the Product to us in its original packaging (if possible).
- We will not be liable if the damage, defect or fault arose as a result of misuse, neglect or mishandling of the Product by you or if you made a wrong decision. If we determine, in our reasonable discretion, that any Product was not genuinely damaged on arrival or faulty in its manufacture, we will return the Product to you at your cost. We will otherwise, at our discretion, replace the Product or refund any monies paid by you to us.
- Any complaints must be submitted via the contact form on our website within two weeks of the delivery of the materials ordered by you.
- If the complaint is justified, PhotoAlbumMaker’s liability is limited to resupplying the ordered materials.
- About your content
You may order and upload your PhotoAlbumMaker product design to PhotoAlbumMaker through the PhotoAlbumMaker Software. Design includes without limitation, photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Service. Under these Terms of Service, you warrant that you will not use any of the services for any fraudulent or illegal purpose, and you may NOT place any of the following material using the Service:
- Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights;
- Any material that is unlawful, obscene, pornographic, indecent, defamatory, offensive, abusive, threatening, or otherwise inappropriate and harmful to children in any way, or could give rise to any civil or criminal liability under applicable law;
- Any material that is offensive or promotes racism, bigotry or hatred against any group or individual.
- Any material that may be deemed illegal.
PhotoAlbumMaker does not and cannot review all submissions, and is not responsible for their content, PhotoAlbumMaker reserves the right to refuse to print and delete submissions that, in its sole discretion, is believed to be as described in items (1) through (4) above, or otherwise unacceptable. You acknowledge and agree that any submission may be published, copied, customised or removed for the purposes of delivering the Services. In addition, you undertake that you will be liable for any action taken against PhotoAlbumMaker in relation to such activities and will fully indemnify PhotoAlbumMaker against all actions, claims, demands or costs which may arise as a result.
It is recommended that before submitting files to us, you retain a copy for yourself to use for future re-ordering, or in the unlikely event of your digital images being corrupted or lost. You should always retain your own copies of all files uploaded or otherwise supplied to us. PhotoAlbumMaker has no ownership in any of your book content. PhotoAlbumMaker will not be held responsible for the archive and storage of your files.
PhotoAlbumMaker reserves the right to disclose any relevant personal data in its sole discretion, with or without a warrant or court order from any law enforcement agencies, if we believe that the disclosure is necessary to protect ourselves, or our business in certain situations, where you: (a) are in violation of the Terms of Service governing this site; (b) have engaged, or are alleged to have engaged, in any activity purporting to infringe upon the intellectual property rights of another; or (c) have engaged, or are alleged to have engaged, in any other illegal conduct or activity. PhotoAlbumMaker also reserves the right to report any suspected illegal activity to such entities for investigation and prosecution.