"Photo.PRO”
is an app edited by
Tasmanic Editions, all rights reserved.
For any
question or issue with this app please contact us at contact@tasmanic.com. We'd be happy to
help or even add a new feature to help you enjoy your photos.
Tasmanic Editions is a registered trademark.
You can
open those terms of service at any time in the 'settings' page of this app.
We hope
you'll enjoy 'Photo.PRO'!"
This app collects information including device info and browsing activity for statistical and security reasons as well as for improving the user experience.
We may use Google Analytics to collect this information.
You can
connect with your facebook account to 'Photo.PRO' to
invite friends and share your photos on facebook. We
remind you that using a facebook account means you
agree with facebook terms of service.
By using
your twitter account you agree with Twitter Terms of service.
This apps
allows you to send postcards by using 'the Sincerely Ship Library' provided by
our partner 'Sincerely'.By using this module, you
agree with 'Sincerely' terms of service available on their website http://sincerely.com . The editor of 'Photo.PRO'
is not responsible for any issue you could encounter with this module. Please
notice that (1) Once logged in Sincerely module you
may stay logged until you click 'Log out' in the module (2) To buy a postcard
within 'Sincerely' module, you may be asked to enter your Credit Card Number.
'Sincerely' may store your Credit Card Number to make a future purchase easier.
For any question or issue regarding this module or your postcards (quality,
delivery time, etc...) please contact Sincerely with
the contact form available on http://sincerely.com . 'Photo.PRO' uses the
Sincerely API but is not endorsed, certified or otherwise approved in any way
by Sincerely.
This app
uses Google Analytics SDK for iOS to track and report
anonymously the activity inside the app. Please make sure you agree with Google
Analytics terms of service: http://www.google.com/analytics/tos.html
4.1. General
4.1.1.
With "Explorer Pictures” hereinafter referred as the app or the
application, the company registered under french
Siren number 518702832, hereinafter referred to as the Editor, offers a service
of photo printing. You can contact him at: photosexplorer@audioguidia.com.
4.1.2.
All orders are governed by the following terms in the current at the date of the
order. These terms of
sales are the only ones applicable and replace all other terms, unless prior
written consent.
4.2. Hosting
GANDI SAS
company
with capital of € 37,000
registered office at 63-65 Boulevard Massena in Paris (75013) FRANCE
registered under number 423 093 459 RCS PARIS
4.3. Conduct of users
4.3.1.
You are responsible for all the images you download or copy via "Pictures
Explorer." This means that you agree not to upload image or photograph in
violation of copyright or other intellectual property right, with the law on
the protection of personal data or any other applicable legislation. In
addition, you cannot use the Application for any unlawful purpose. Thus, it is
forbidden to upload, post, order prints, email or transmit or communicate any
unlawful, in particular any image or photograph of a minor and sexual acts, or
invasive of privacy or publicity rights of others.
4.3.2.
You will be responsible for any loss or damage resulting from violation of this
clause and will indemnify the Editor for all expenses incurred by it (including
attorneys fees) by reason of such violation.
4.3.3. the Editor reserves the right to take, without notice, any
useful measure for breach of this clause or serious indications of such a
violation, without that you can claim any compensation from him. It may for
this purpose includes blocking access, deleting any image stored on its
servers, refusing to execute a command or terminating all or part of services
provided to you by the Editor via the Application. Finally, the Editor may
disclose your information and copies of photographs or images provided by you
to the judicial authorities and administrative authorities to meet any
liability that it would be required under a legal text.
4.4. License for the photos posted
The fact
of ordering a product does not confer any right to the Editor on photos stored
on its server but only a license for the sole purpose of running this service.
You grant
the Editor the right to appeal the provider of his choice to outsource all or
part of the order you make. The Editor will endeavor to select providers
seriously concerned about the copyrights of the customer.
However,
the Editor will not be held responsible for any misuse that the provider may
make of the photos sent for printing.
4.5. Placing an order
With the
payment of your order you give us a proposal for concluding a contract. We
accept the proposal by sending the order confirmation email.
To order,
you follow the ordering process step by step in the Application. During the
ordering process you can modify your order or correct your data at any time
simply by passing the previous steps.
You are
required to provide accurate and precise data about the particular identity of
the recipient of the order and the delivery address and the email address where
an order confirmation can be sent.
Once
completed the ordering process, you don’t have ability to waive it. No order
will bind the Editor before the latter has confirmed this by email or by other
appropriate means of communication.
4.6. Conservation of the order
4.6.1.
Your order and your order information will be kept. A summary of the order with
all the order data will be sent as confirmation.
4.6.2.
The retention of files is strictly reserved to the production of your order.
The Editor may not in any way transmit files to clients (eg
after the theft of your phone). It is your responsibility to keep copies of
these photographs.
4.7. Price
Fees for
Service are those displayed on the Application at the time of order placement.
They are listed in US dollars, euros or sometimes
national currency of the customer and, unless expressly stated otherwise,
include all taxes.
4.8. Delivery
4.8.1. We
ship to all countries. Deliveries are made by Bpost
or international postal services.
4.8.2.
The Editor can in no way be held responsible for delays or delivery problems
due to Bpost or third.
4.8.3.
The times indicated on the application are indicative only but are
representative of average delays. They can never be the source of compensation,
an order cancellation or refund.
4.8.4.
What happens if there is loss of the package containing your order?
If your
order does not arrive within a month of acceptance of your order by the Editor,
you then have two weeks to inform the Editor. The Editor will make a new
development of the photographs lost without cost to you, or will refund the
total amount paid, the choice between these two options belonging to the Editor
alone.
4.8.5.
What happens if the mail fails to deliver the order to the recipient?
You are
obliged to ensure receipt of the order. This information includes the full and
correct delivery address and the provision of a mailbox bearing the name of the
recipient. When returning to the Editor of mail containing the goods following
the customer's fault (eg incorrect delivery address,
addressee unknown, refused receipt, no removal in the mail within the time
prescribed or otherwise), you won’t be entitled to any compensation. Since the
cost of logistics management of returns processing may be beyond what is
reasonably acceptable, reshipment of returned orders will not be possible. Each
good returned will be destroyed immediately upon receipt to ensure the privacy
of our customers. When returning to the Editor a mail containing the order due
to failure of the post, the Editor agrees to reproduce and ship the order at
his own expense.
4.8.6.
What happens if you manage your photos damaged during transport?
If
despite the precautions taken by the Editor to guard against any risk of
deterioration of photos during transport, they nonetheless managed you in a
degraded state, simply contact the Editor and send us a digital photo of the damage . Editor will re-develop your photographs and send
you them with no added shipping cost.
4.9. Payment and Invoicing
4.9.1. Payment
is made possible within the app by credit cards or PayPal via a secure module provided
by the company Zooz (http://www.zooz.com/), a global
leader in mobile secure payment. The Editor has chosen Zooz
for its reputation and worldwide coverage. Zooz
servers are compliant with PCI-DSS. For any questions regarding the payment
process, please visit http://www.zooz.com/faq.html or contact Zooz
(http://www.zooz.com/ # contact_us). The Editor can’t
be held responsible for the data transmitted by you to Zooz
and Paypal and its use that may be made by those
third parties.
4.9.2.
Payment is made directly after order confirmation. In case of default of
payment, the Editor has the right to charge lawyers or specialized companies
with debt collection. All costs resulting are charged to the debtor.
4.9.3.
The validation of an order on the application implies acceptance by the
customer to use the electronic format for billing.
4.10. Responsibility
In no
event shall the Editor be liable for consequential damages resulting from any
use of the Application such as lost profits or loss of data.
In case
of direct damage, the responsibility of the Editor is limited to the amount
paid by the user for the service which caused the damage.
4.11. Money back
If you
are not satisfied with the order you received, in a gesture of good faith, the Editor
grants you the guarantee "money back". In order to have this
guarantee "money back", you simply contact the Editor within two
weeks from the date of receipt of your order. You will be asked to send a photo
as proof of destruction of the order in question or by email (and only if you
are asked) you must return it by mail.
As an
alternative to a refund, you can, if desired, ask for a reprint of your order
at the expense of the Editor (shipping included). As above, you will be asked
to send a photo as proof of destruction of the goods.
The
editor reserves the right to refuse a refund or reprint if the reason for your
complaint is not convincing.
When a
refund is made by international transfer we support the fees charged by our
bank. Any costs charged by the customer's bank (some banks only require an
additional charge for receiving an international payment) are paid by the beneficiary.
Guaranteed
"money back" is not applicable to undelivered orders due to
customer's own negligence (eg, incorrect delivery
address, postal address unknown or if the order has not been handed over at the
office orders, etc..)
4.12. Right of withdrawal
All
products are manufactured to customer specifications. Consequently there is no
right of withdrawal. However, in a gesture of good faith, the Editor offers
Money back guarantee (see above).
4.13. Protection of your data
The Editor
is committed to protecting your data. Generally, all data you provide to The
Editor will be processed only to respond to your request. In particular, the Editor
will not use your personal information to send you spam.
You agree
to supply full, accurate and updated information to ensure effective delivery
of services.
You have
the right to contact the Editor to obtain a copy of personal data about you in
its possession. If applicable, you may request correction from the Editor by
e-mail or mail.
Delivery
data (first name, last name, address ...) on the last command is stored on your
phone to facilitate the next command.
4.14. Legal Notice
4.14.1.
Availability of the Site and Services: The Editor makes every effort to ensure
that the Application and the Services are accessible and available 7/7 and
24/24h. However, it is possible for maintenance needs, intervention on the Site
or the network or due to disturbances or other events beyond the control of the
Editor, access to or availability of Application services are interrupted. The Editor
shall not be held responsible for any loss or damage that would result from
such interruption.
4.14.2.
Property rights: Unless otherwise specified, all elements (like images, sounds,
documents, logos, databases, etc..) Present on the
Application are protected by copyright or other intellectual property rights
owned to the Editor or third parties. These rights remain the property of the Editor
or third parties. There you are granted a license to use strictly limited to what
is necessary for the Services.
4.14.3.
If one or more conditions of these terms were to become wholly or partly
invalid, this would not affect the validity of the remaining terms of use.
Instead of an invalid term, a regulation that is as close as possible to the
economic purpose of the invalid term in a legal perspective would be applied.
----------------------------------