This web site is operated by Digital Memories Ltd trading as FrogPrints ("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 order prints of digital images that have been uploaded to the web site or e-mailed to us.
- Services offered through or associated with the FrogPrints Windows XP Online Print Wizard.
- The ability to order photos or photo products from FrogPrints or affiliate companies.
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 reserve the right to modify these terms at any time without notice to you. 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. You are responsible for reviewing these Terms of Service each time you use the Services. Your continued use of the Services constitutes your agreement to the then-current Terms of Service.
You may upload digital images to the web site yourself or e-mail them to us directly. Images uploaded to the web site or e-mailed to us must be digital images in JPEG format (other formats by arrangement only). Images uploaded by you will be kept for a month from the date of order, unless otherwise arranged. This is for the purpose of dealing with any issues arising from a print order and to allow re-order.
Images scanned from film and uploaded to a personal website are subject to the same conditions as digital images. These images are hosted on a web server that is accessible to the general public. We do not take any responsibility for issues arising from the hosting of these images.
What you are allowed to do
You may access any part of the web site that is not password protected. Access to some parts of the site is only available if you have a valid password. You may not access these areas without a valid password. 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 FrogPrints. This includes allowing access to your personal website in return for payment or for any other commercial purpose.
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, e-mail to us or order prints of any images or other material which contain:
- 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
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 e-mailing 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 reject any image that has been uploaded, e-mailed 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, e-mailing or posting 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 processing, printing or other dealing with by us in accordance with these terms of any images uploaded, e-mailed or posted by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
You retain all intellectual property rights, including copyright, to the images that you have uploaded to the web site or e-mailed to us. We may delete, remove or refuse to display any material from your film at our sole discretion. We may display, modify, print, transmit, distribute or delete any of the images that you upload or e-mail 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, e-mail 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.
The Services are provided "as is" without warranty of any kind. We hereby disclaim all warranties and conditions with regard to the services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. You specifically agree that FrogPrints shall not be responsible for unauthorized access to or alteration of your pictures, any pictures sent or received, or any transactions entered into through the services.
In no event shall FrogPrints be liable for any damages for loss of use, or profits, arising out of or in any way connected with the use or performance of its services, with the delay or inability to use the services or related services, the provision of or failure to provide services, whether based on contract, tort, negligence, strict liability or otherwise, even if FrogPrints has been advised of the possibilities of damages.
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. Posting or bringing digital images by any other means other than by email or via the website will also be governed by these Terms of Service. 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 e-mailed or posted to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.
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 received confirmation from us that this is the case. This confirmation may be by e-mail 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.
In the event that prints are produced and then discovered to be in contravention of these terms, we will not dispatch the prints to you. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the prints had been dispatched. We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by e-mail or by post.
You may terminate your account by contacting us via e-mail 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 e-mail or letter. We may terminate your account without notice at our sole discretion.
Questions or complaints
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 Australian 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 Australian courts will have exclusive jurisdiction over such dispute.