These Terms of Use (“Terms”) set out your legal rights and obligations when using our websites (“Sites”) and services (“Services”) as defined below. Your acceptance of these Terms is a condition of our agreeing to allow you to use the Services. If you do not agree to be bound by all of these Terms, do not access or use the Services. You may only create a user account, purchase a product or use our Services after reading and accepting these terms.
Amongst other things, these Terms will apply to any contract (a “Contract”) between us for the sale of Products (as defined below and as part of our trading Terms & Conditions) to you. These Terms are subject to and include our Privacy and Cookie Policy. You agree that we are not responsible for, and do not endorse, Content (as defined below) submitted to the Services. We do not have any obligation to pre-screen, monitor or edit any Content. If Content submitted by you violates these Terms or applicable laws or regulations, you bear full legal responsibility for that Content.
1.0 The Contract Between Us
1.1. These Terms govern the use of the Services offered by my-photo-prints.art a trading name of A Bit of Colour Ltd (“The Company” or “we” or “us”). A Bit of Colour Ltd is registered in United Kingdom under company number 12638194 with its address at 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FH.
1.2. Please read these terms of use carefully as they set out the rules for how we run our websites (“Sites”) and supply consumer products (“Products”) and deliver the features and/or functionality (“Services”) offered by the Sites and our API platform (“Platform”). By using any of the Services provided by the Sites or Platform or offered via any associated apps (“Apps”) you are agreeing to be bound by these terms and conditions, which together with our Privacy and Cookie Policy, governs our relationship with you in relation to the Site, the Products and our Services. If you disagree with any part of the terms then you may not access the Sites, Platform or Apps. By selecting or confirming the “Accept” button as part of your account creation or sign-up you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
1.3. We reserve the rights to change the content of our Sites, Platform or Apps, including these terms and conditions at any time without notice, by posting such changes on our Sites. It is your responsibility to familiarise yourself with the Terms regularly to ensure that you are aware of any changes. Your continued use of the Services following the posting of any such changes will constitute your acceptance of the revised Terms.
If you do not accept these Terms you may not use our Sites, Platform or Apps.
2.0 Changes to these terms
2.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your use of the Services after we post a change will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and the connected documents to see if they have been changed.
3.0 Your use of the Services
3.1. The “Services” include the services offered to you from time to time when you access our Sites, Platform or Apps. The Services may include (without limitation) (i) access to the A Bit of Colour APIs and/or other APIs and/or associated SDKs (together constituting the “Platform”) made available to you including in order to integrate the Services with other systems; (ii) use of the payment processing service made available to you; and (iii) the personalisation by selection of product features, and purchase of, Products.
3.2. You must not use the Services for any illegal or unauthorised purpose and in using the Services you agree to comply with all applicable laws, rules and regulations, including in any jurisdiction from which you access the Services. To the extent that the Services (including the use of our site) is not legal in your jurisdiction, you may not use our Site or Platform. In particular, you must not:
3.2.1. submit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services;
3.2.2. defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not submit private or confidential information via the Services without first obtaining the relevant consent;
3.2.3. change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or us;
3.2.4. create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Services users;
3.2.5. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.2.6. attempt to restrict another user from using or enjoying the Services; or
3.2.7. encourage or facilitate violations of these Terms.
3.3. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment when interacting with others.
3.4. To the extent of the products and services offered, you agree that you will be liable for the acts or omissions made while you are using the products and services.
4.0 Your account
4.1. By selecting or confirming “I agree to the Legal Pages” as part of your ordering process, account creation or sign-up you accept and agree to be bound by these terms of use which shall govern the agreement between us.
4.2. You may not use the Services unless you have registered with us and provided the relevant details requested. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any other rights associated with your account. You are responsible for keeping your password secret and secure.
4.3. As a condition to using Services, you are required to open an account with the Company and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
4.4. You must not create accounts with the Services through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site or Platform for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or Platform or any activities conducted on the Site or Platform; or (iii) bypass any measures we may use to prevent or restrict access to the Site or Platform.
4.5. You agree that you are responsible for all data charges you incur through use of the Services.
4.6. Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorised to access the Site or Platform by a parent or legal guardian. If you have authorised a minor to use the Site or Platform, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site or Platform by the minor.
4.7. Providing our Services requires collecting and using your information. Our Privacy and Cookie Policy explains how we collect, use, and share information across our Sites, Platform and Apps. It also explains the ways you can control and request deletion of your information.
5.0 Content
5.1. You are solely responsible for your conduct and any data, text, files, information and other content or materials (collectively, “Content”) that you submit, post or display via our Site or Platform.
5.2. In consideration of the Company’s agreement to allow you to post Content to the Site or Platform and the Company’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with the Company as follows:
5.2.1 You acknowledge that:
5.2.1.2. You have the full and complete right to enter into this agreement and to grant to the Company the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by the Company of the Content as contemplated herein; and
5.2.1.3. The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
5.2.1.4. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against the Company, all of which such rights are hereby expressly and irrevocably waived by you in favour of the Company.
8.0 Accessing our Services
8.1. We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services is unavailable at any time or for any period.
8.2. You are responsible for making all arrangements necessary for you to have access to our Services.
8.3. We encourage you to maintain your own backup of Content submitted to us. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
9.0 Purchasing products from us
9.1. “Products” includes any and all tangible products made available by us through the Services.
How the contract is formed between you and us
9.2. After you place an order, we will confirm our acceptance to you by sending you a notification (via the Services). The Contract between us will only be formed when we send you the Confirmation.
9.3. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this prior to sending you a Confirmation and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
9.4. Once the Contract between us is formed you may not cancel the Product order. This is because the Products you order are entirely bespoke and we use a highly automated print system whereby all Product orders are immediately placed into the print system for processing.
Quality of the Products
9.5. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may also vary from that shown on images on our site.
9.6. We make every effort to supply the Products as advertised but reserve the right to supply the Products subject to minor variations in actual dimensions and specifications stated. All orders will be produced using the information provided by you at the time of order and we will not be held responsible for any errors submitted by the customer.
9.7. We are committed to providing our customers with the highest quality Products. However, on rare occasions, products may be found to be faulty or defective. You must tell us of any Product faults within 14 days of the date on which we sent you the Confirmation relating to those Products. To report any problems, please contact us by email on hello@my-photo-prints.art. We will endeavour to respond to all customer service requests as soon as possible. We will only refund or replace items where required to do so by law and may require photographic evidence of the faulty or defective Products.
10.0 Delivery
10.1. We use third party printers to create Products through the Services. We will use our reasonable endeavours to fulfil your order by the estimated delivery date, generally 14 working days after full settled payment for orders in the UK or 21 working days elsewhere, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2. Mail delivery is deemed to take place when the goods are delivered to your nominated address, whereupon the risks of loss and all damage and all other risks pass to the addressee.
10.3. We retain title in the goods until payment is received by us in full.
10.4. We will attempt to produce goods in the country of the addressee. If that is not possible, we deliver internationally to countries with a functioning postal service (“International Delivery Destinations”). However you acknowledge that we cannot be liable for the functioning of such postal services.
10.5. If you order Products for delivery to a destination where we can not produce and deliver locally, we need to delivery to an International Delivery Destination, and your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.0 Payment
11.1. You agree to pay the prices for the Products as set out on our site from time to time or as otherwise agreed in writing. Although we endeavour to keep prices as accurate and up to date as possible sometimes errors do occur.
12.0 The service marks and trademarks of the Company are trademarks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13.0 Liability
13.1. EXCEPT IN RELATION TO THE PURCHASE OF PRODUCTS, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER US NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES OR (D) ANY PRODUCTS YOU MAY PURCHASE THROUGH THE SERVICES. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.
13.3. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
13.4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR ANY CONTRACT FOR (A) LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE (B) LOSS OF GOODWILL; OR (C) ANY INDIRECT OR CONSEQUENTIAL LOSS.
13.5. NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF ONE HUNDRED POUNDS (GBP £100.00) OR THE PRICE OF THE PRODUCTS TO WHICH THE LIABILITY RELATES.
13.6. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW OR THE LAW OF THE JURISDICTION IN WHICH YOU USE THE SERVICES.
13.7. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR BREACH OR ALLEGED BREACH OF THESE TERMS (INCLUDING ANY SUCH BREACH OR ALLEGED BREACH BY YOUR CUSTOMERS OR CLIENTS). YOU WILL COOPERATE AS FULLY REQUIRED BY US IN THE DEFENCE OF ANY CLAIM SUBJECT TO INDEMNIFICATION BY YOU. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
14.0 Events outside our control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1. We will contact you as soon as reasonably possible to notify you; and
14.3.2. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.0 Links
15.1. The Services may provide links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16.0 Termination
16.1. Without prejudice to any other rights that might be available to us, breach by you of these Terms may, in our sole discretion, result in immediate suspension or termination of your Services account.
16.2. You can deactivate your account by notifying us by email to hello@my-photo-prints.art; Subject: Account Deactivation. If your account is deactivated, Content submitted by you and all other data associated with your use of the Services may no longer be accessible through your account.
16.3. Upon termination or deactivation of your Account, all licences and other rights granted to you in these Terms will immediately cease. We reserve the right in our sole discretion to (i) continue with or (ii) cancel and refund any sums relating to, unfulfilled Contracts in effect at the time of termination or deactivation.
16.4. The Company may terminate your Account at any time for any reason or no reason.
17.0 Governing law and jurisdiction
17.1 The contract between us and any matter arising from or in connection with these terms shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17.2. Any claim or cause of action against the Company arising out of or related to use of this Website, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
18.0 Communication methods
18.1. You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Site.
19.0 Miscellaneous
19.1. This website is primarily intended for residents of the United Kingdom. The Company makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.
19.2. No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind the Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. the Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Company may transfer, assign or delegate the Terms and its rights and obligations without consent. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
