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Greetings from PHOTOfrenz!
The PHOTOfrenz website, www.photofrenz.com, is a service provided by MEDIAfrenz Pte Ltd, a company registered in the Republic of Singapore under the company registration number of 200703886R. In the terms and conditions set forth herein, all references to PHOTOfrenz refer to MEDIAfrenz Pte Ltd.
Before you start to use this PHOTOfrenz website (the Site) for its friendly, value-add photo services such as storing, sharing and printing, you must review thoroughly and accept the Terms and Conditions (the Terms) set out here. Acceptance of these Terms creates a binding contract between you and PHOTOfrenz. This means that you will use the Site’s services in a manner that is compliant with these Terms & Conditions. IF YOU DO NOT AGREE TO ACT IN ACCORDANCE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE’S SERVICES. In using these services and/or by opening an account, you hereby acknowledge and agree that you will abide by all these Terms, and that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged by you.
PHOTOfrenz may update or change these Terms now and then without prior notification, so do check back here periodically to get the most recent version. By continuing to access or use the Site’s services after the Terms have been updated, you agree to be bound by the revised Terms.
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| 1. |
Terms of Membership |
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Registration. PHOTOfrenz membership (Membership) is available to you at no cost for your personal use only. Your name and correct email address are required for registration to become a PHOTOfrenz member (Member).
Age Limit. There is no age limit to becoming a Member or using the Site’s services. However, to make a purchase of photo prints or photo gifts directly through the Site, you are required to be at least 13 years of age.
Information Accuracy. When you become a Member and furnish information requested by the Site’s services, you must provide PHOTOfrenz with true, accurate, current, and complete information about yourself. Such information may be requested via questionnaires, surveys, registration forms, etc. An example is your “My Account” page which requests for your profile data once you have become a Member.
Inactive Membership. PHOTOfrenz may terminate your Membership and your use of the Site’s services if you become an “Inactive Member”. An Inactive Member is defined as a Member who has not made a single purchase of photo prints or photo gifts directly through PHOTOfrenz in the last 365 days. A purchase through PHOTOfrenz third-party advertisers does not qualify as a valid purchase to indemnify you from becoming an Inactive Member. If you become an Inactive Member, PHOTOfrenz may remove all information and content submitted by you prior to becoming an Inactive Member.
Membership Termination. You may also choose to voluntarily terminate your Membership through your “My Account” page. If you terminate your Membership, PHOTOfrenz may remove all information or content submitted by you prior to your termination of your Membership. Termination does not automatically lead to the termination of these Terms &
Conditions, which shall survive to the fullest extent of the law in respect of any acts and/or omissions carried out by you prior to such termination.
Security of Password. PHOTOfrenz shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PHOTOfrenz or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Improper and/or unauthorized use of another person’s password or account is expressly prohibited by law, inter alia the Computer Misuse Act, and may subject you to both civil and criminal prosecution. PHOTOfrenz shall on any report of any unauthorized use notify the Police of the same for prosecution.
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| 2. |
Prohibited Content |
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While PHOTOfrenz encourages fun and creativity in your photos, you may not use the Site’s services to post or process prohibited content. Prohibited content is defined as:
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Pornographic, obscene, abusive, deceptive, defamatory, slanderous, offensive to racial or religious sensitivities
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Copyrighted and used without the express permission of the owner
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Violating the rights of others, including any rights to privacy under any statute or law
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Promoting illegal activity or harm to anyone (including but not limited to minors)
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Containing viruses, worms or corrupt files
PHOTOfrenz is not liable for any legal implications caused by the upload of any prohibited content, and reserves the right to remove any content it deems as belonging to prohibitive content. PHOTOfrenz shall also report any such illegal content to the necessary authorities.
Although PHOTOfrenz does not and will not examine all content submitted to the Site, any content may be subjected to review by PHOTOfrenz from time to time.
In addition, for content featuring person(s) other than yourself, you may only submit the content to the Site after you have obtained the prior consent of the persons featured.
By using the Site’s services, you may come across submitted content that you consider to be offensive or prohibited. PHOTOfrenz takes specific steps to minimize such exposure, but does not take responsibility for such exposure. The full responsibility for such exposure rests upon you.
Moreover, PHOTOfrenz does not take responsibility for the accuracy, quality and suitability of content submitted or processed through the Site’s services.
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| 3. |
Content Storage |
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PHOTOfrenz offers limited storage of digital photos (“Content”) to Members. Various uploading speeds are available, and the original resolution of your submitted content may be affected depending on your chosen upload speed.
You should always retain your original content, or make back-up copies of such content, on your personal system. The Site may not be used as the sole repository of your submitted content, and you hereby agree that in no event shall PHOTOfrenz be held liable for any loss or distortion of Content whatsoever.
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| 4. |
Content Privacy |
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While PHOTOfrenz provides a safe and secure environment for you to store and share your photos, you have full control over the privacy of your photos by setting your albums or photos as “Private”, “Shared” or “Public”.
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Private: only you can view the photo(s)
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Shared: only you and your friends in your “Friends’ List” can view the photo(s)
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Public: anyone can view the photo(s)
When you invite friends to view your “Shared” or “Public” photos through email notification, the invitees are only able to view the album(s) that you have specifically shared with them. They are not able to view your other albums set as "Share" or "Private". They can view your albums that have been set to "Public" in the Public Photos section.
However, if an invitee forwards your email notification to other people, they will not be able to view your “Shared” photos unless they are in your “Friends’ List”.
By agreeing to the relevant settings, and in allowing your invitees to view your photos, you hereby agree to grant to such invitees a non-exclusive right to view the photos, and grant PHOTOfrenz and its officers, directors, employees, advertisers, affiliates, licensors, suppliers, third-party information providers and agents (collectively “PHOTOfrenz affiliates”) the right to use, download, reproduce, print and sell these photos or photo products to you for profit, so as to fulfill your service requests such as print or gift order(s).
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| 5. |
Third-Party Software and Links |
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PHOTOfrenz may provide third-party software (including by downloading) or links to third-party sites through the Site’s services. PHOTOfrenz has no control or representation of the third-party software or site’s content. To use such software or content, you agree to the terms and conditions imposed by the third-party provider. PHOTOfrenz is not responsible for the performance of such software or your exposure to such site’s content, nor makes any warranties whatsoever in respect of such third-party software or sites.
As a condition of the use of this site, you hereby acknowledge and agree that UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHOTOFRENZ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY THIRD-PARTY SOFTWARE OR THIRD-PARTY SITE, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE
CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A THIRD-PARTY SITE OR ANY OTHER PERSON OR ENTITY.
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| 6. |
Personal Use of Site |
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You may use the Site’s services for personal purposes only. You may not reproduce, duplicate, copy, sell or exploit any part of the Site’s services or Content for any commercial purpose.
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| 7. |
Privacy Policy |
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PHOTOfrenz views your privacy with importance and takes great care to protect your personal information. Please see our Privacy Policy for details.
However, PHOTOfrenz may send you regular email updates and occasional promotional offers that may be of interest to you.
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| 8. |
Copyright |
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Copyright law protects original works, such as websites, books, music, paintings, and especially photos and video. A work is “original” if it contains some elements you created and did not borrow from others. When you create an original work, such as in taking a photograph or video, you own the copyright. As the copyright owner, you can control how others use your work. You also have the ability to sell or give away these rights. In other words, you could sell the right to make a movie based on your script to a movie studio.
If you use someone else’s copyrighted materials without permission, that use generally violates the copyright owner's exclusive rights, and is copyright infringement, making you liable to both criminal and civil prosecution.
In order for you and your invitees to enjoy the Site’s services, PHOTOfrenz requires the rights to make available your submitted photos for you and your invitees so that you and your invitees can benefit from these services in a manner compliant with these Terms. PHOTOfrenz may also make use of your submitted content in order to provide you new value-add online services.
Hence, acceptance of these Terms means that you grant PHOTOfrenz a perpetual, non-exclusive, royalty-free license to use, copy, publish, display, modify, transmit, and distribute your submitted Content for the objective of offering the Site’s services, including for the purposes of marketing, promoting or sale of such Content for commercial purposes.
As stipulated in Clause 2: “Prohibited Content”, you may not submit or process any content owned by someone else or featuring someone else without the express consent of the owner or the person featured. Any copyright infringement as a result of your submitted Content, or use of your submitted content by your invitees or PHOTOfrenz, may result in criminal and/or civil prosecution. Such infringement shall also be a breach of these Terms, and you shall be liable to PHOTOfrenz for indemnity as stated in Clause 9: “Indemnity” here below.
In the event that PHOTOfrenz receives a complaint that your submitted content infringes on the copyright of the owner, PHOTOfrenz reserves the right to resolve the matter in favor of the complainant until a resolution is made between you and the Complainant, or by a competent Court of Law.
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| 9. |
Indemnity |
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You hereby agree to indemnify, defend and hold PHOTOfrenz, and its officers, directors, employees, advertisers, affiliates, licensors, suppliers, third-party information providers and agents (collectively “PHOTOfrenz affiliates”), harmless from and against all losses, claims, liabilities, expenses, damages and costs, including legal fees on an indemnity basis, resulting from any violation of these terms or any activity related to the Site’s services (including negligent or wrongful conduct) by you or by another person accessing the Site’s services as your invitee, such as by using your account.
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| 10. |
Warranty Disclaimer / Limitation of Liability for Loss of Content or Failure to Provide Service |
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The content and/or material available through the Site’s services is provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied.
To the fullest extent permitted by applicable law, PHOTOfrenz and PHOTOfrenz affiliates expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. PHOTOfrenz makes no warranty that its Site or services will be uninterrupted, timely, secure, or error free, or that the Site or PHOTOfrenz’s servers are free of viruses or other harmful components. PHOTOfrenz makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through Site’s services or advertised through the Site. Any material downloaded or otherwise obtained through the Site’s services is at your own risk, and you take full responsibility for any damage to your computer system or loss of data that results from the download of any such material.
AS A CONDITION OF THE USE OF THIS SITE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF YOUR PHOTO PRINTS OR PHOTO GIFTS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, OR IF YOUR PHOTO PRINTS ARE NOT DELIVERED OR NOT DELIVERED IN A TIMELY MANNER, PHOTOFRENZ’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR MEDIAFRENZ PTE LTD TO REPLACE THE UNACCEPTABLE ITEM(S) OR LOST ITEM(S) AT NO ADDITIONAL CHARGE WITHIN A REASONABLE PERIOD. You hereby undertake to inform PHOTOfrenz of such loss within seven (7) days of its occurrence, and upon investigation and confirmation of the same by PHOTOfrenz, PHOTOfrenz shall make good the replacement of the unacceptable item(s) or lost item(s).
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| 11. |
Limitation of Liability (General) |
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AS A SEPARATE TERM AND CONDITION, AND AS A CONDITION OF THE USE OF THIS SITE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PHOTOFRENZ AND/OR PHOTOFRENZ AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PHOTOFRENZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE
SITE’S SERVICES, FROM ANY CHANGES TO SITE’S SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
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| 12. |
Membership Termination |
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PHOTOfrenz reserves the right to terminate your Membership or your use of the Site’s services, and remove and discard any Content at any time, without notice, for any reason, including: (a) member conduct that violates these Terms or other policies or guidelines set forth elsewhere within the Site’s services, (b) member conduct that PHOTOfrenz believes is harmful to other users, the business of PHOTOfrenz, or PHOTOfrenz affiliates, or (c) Inactive Membership. PHOTOfrenz will not be liable to you or any third-party for any termination of your Membership.
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| 13. |
Terms of Sale of Content |
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The submission of any request for the printing of Content shall constitute an irrevocable instruction to the relevant credit / debit card company to make payment of the amounts stated therein without protest or any deduction whatsoever.
Notwithstanding the foregoing, a sale shall not be concluded until you receive a confirmation notice from the Site.
All other terms & conditions relating to the printing of your content are contained else in these Terms, including but not limited to the Warranty Disclaimers and Limitations of Liability contained in clauses 10 and 11 hereabove.
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| 14. |
Severability |
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In the event that any of the provisions of these Terms shall be determined to be invalid, void or unenforceable, such provision shall be deemed to be deleted from the respective Terms and the remaining provisions of the Terms (as well as all other clauses herein these Terms) shall continue in full force and effect.
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| 15. |
Applicable Laws |
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PHOTOfrenz does not guarantee that materials or the Site’s services are appropriate or available for use outside the Republic of Singapore, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including, but not limited to, the Republic of Singapore export laws and regulations. If you choose to access this Site from outside the Republic of Singapore, you do so on your own discretion and take full responsibility for compliance with applicable local laws.
In using this Site and its services, you hereby agree to submit to the exclusive jurisdiction of the Courts of Singapore, and any and all applicable laws in Singapore only. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of laws.
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| 16. |
Revision of Terms |
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PHOTOfrenz may modify these Terms at any time, for any reason, and without notice, including terminating the Site’s services or any part of thereof. These terms constitute the entire agreement between you and PHOTOfrenz, and supersede all other communications, written or oral, with respect to the use of the Site’s services. |
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