CUSTOMER AND PARTNER TERMS AND CONDITONS
Terms & Conditions a Summary.
If you register as a customer, we will supply the photo gift in good condition and in a reasonable time frame - normally 14 days. If we can't supply your order for any reason then we will contact you promptly via email and refund your payment.
If you register as a store owner, you promise to allow us to use any image you upload for the purposes of making your photo gift. We will keep an accurate record of your sales, and pay you 10% of the sale price of each photo gift you sell (or provide a 20% discount if you buy one of your own photo gift). We don't own your image, you allow us to use it to make your photo gift.
Customers Terms and Coniditions
1. ACCEPTANCEAll orders and transactions between Red Snapper (RS) and the customer are accepted on these conditions of sale only. It is the responsibility of the customer to read such conditions before entering upon a transaction.
2.IMAGES
A. In submitting the order form the customer confirms that they own the rights to their photograph/artwork. Licensed or copyright images and logos must not be submitted without the consent of the owner. We reserve the right to refuse to print or manufacture any image that may cause offence to public taste, attitudes or concerns.
B. Such submission also acknowledges that you understand there will be a degree of cropping and editing that may be required and that our designers will determine the cropping to obtain the best result, in their opinion. You also acknowledge that you understand that the quality of the final print will vary depending on the quality of the original image. All products are printed individually, as such RS shall endeavour to match the colour, style and positioning on each item however RS is unable to guarantee an exact match
C. If your photograph/artwork is valuable or of sentimental value we strongly recommend that copies be made before sending them to us as we cannot accept responsibility for items lost or damaged in transit. Your photograph/artwork will be returned to you with your personalised product.
3.RETURNS/CANCELLATION
Your personalised product is guaranteed to be free of any manufacturers defects. If such defects exist or goods have been damaged in transit you must notify Red Snapper within three business days of receiving your product. Please call on 020 7734 9317 or customerservices@redsnapperphoto.co.uk We will then notify you of our returns procedure. If the customer fails to notify RS within 3 working days of delivery, RS does not accept responsibility for the goods being defective or damaged. No goods are sold to the customer on a sale or return basis. The customer does not have the right to reject or return the goods without the consent of RS. As goods are personalised a ‘cooling off’ period is not applicable. Personalised items of clothing may not be exchanged or refunded should the customer request an incorrect size at time of order.
4.PAYMENT
The customer shall pay for all goods prior to print and dispatch due to the personalised nature of our products, unless otherwise agreed in writing between RS and the customer.
5. PRICES
All prices quoted on RS website are in British Pounds Sterling. The cost of Post and Packing covers delivery within the British Isles. Postage outside the UK will be calculated separately. Please contact customerservices@redsnapperphoto.co.uk for a quote.
6. ERRORS
RS does not accept responsibility for customer input or spelling mistakes on orders.
7.Website liability
Whilst RS endevours to keep the web site and emails free from viruses. Red Snapper shall not be liable to the customer or the site visitors for any destructive results.
8.DISPATCH
Red Snapper will endevour to dispatch your goods to you within 14 days of receipt of your image. Please not that posted items will take longer to produce.
Terms of Service for Partners
Please read this document carefully before accessing or using the Red Snapper Photo website. By accessing or using this website, you are agreeing to be bound by the Terms of Service. If you do not wish to be bound by the Terms of Service, you may not access or use the website.Modification of the Terms of Service
Red Snapper Photo reserves the right to change the terms, conditions, and notices at any time we see fit and without notice, and such modifications shall be effective immediately upon posting of such changes.
What service for Partners does Red Snapper Photo provide?
Red Sanpper provides a service allowing certain users ("Clients") to create customised photo gift products, for their own use or sell Products through their own page on the Website ("Artist Store" or "store" or "stores"). Clients who would like to sell Products through stores must agree with all the conditions set out in this document . All users may browse the Website and purchase Products from the stores. Red Snapper Photo Photo may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time
What are my obligations?
General. Clients must use the stores Service in a manner that demonstrates common sense and respect for the rights of Red Snapper Photo and third parties and in accordance with applicable laws and regulations. store Content. If you open a store, you will be solely and exclusively responsible for ensuring that your store(s), any content or materials that you submit to Red Snapper Photo for use with your Products ("Content"), and any websites linked to your store comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All store Content must comply with terms stated in this document. While Red Snapper Photo has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove any Content from the Website at any time without notice and without any liability to you or any third party. Prohibited Content. You may not design, produce, market or sell a Product that does not comply with this Section, as determined by Red Snapper Photo in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Red Snapper Photo believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; (iv) is racist; (v) sexist or (vi) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Use of the Web Site and Red Snapper Photo Service.
Eligibility. Red Snapper Photo will only knowingly provide the Red Snapper Photo Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Red Snapper Photo Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Red Snapper Photo Service is not intended for children under the age of 13. Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use Red Snapper Photo Service and the Website. Your License to Use the Web Site and the Red Snapper Photo Service. (a) Red Snapper Photo solely and exclusively owns all intellectual property and other rights, title and interest in and to the Red Snapper Photo Service and Website, except as expressly provided for in these TOS. For example and without limitation, Red Snapper Photo owns the trademarks Red Snapper Photo, Red Snapper Photo.COM; the copyrights in and to the Website, and certain technology used in providing the Red Snapper Photo Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Red Snapper Photo. (b) Red Snapper Photo grants you a limited revocable license to access and use the Website and the Red Snapper Photo Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Red Snapper Photo; to compete with Red Snapper Photo; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, Red Snapper Photo may revoke the license granted to you. This Section does not pertain to your intellectual property rights
General Rules
Prohibited Use. You may only use the Red Snapper Photo Service as expressly permitted by Red Snapper Photo. You may not cause harm to the Website or the Red Snapper Photo Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Red Snapper Photo Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Red Snapper Photo Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Red Snapper Photo Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Red Snapper Photo's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Red Snapper Photo Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.2 Privacy Policy. By entering into this TOS, you agree to Red Snapper Photo's collection, use and disclosure of your personal information in accordance with the Privacy Policy.
3.3 Ordering Policy. If you purchase Products, you agree to do so in accordance with Red Snapper Photo’s Ordering Policy. We must receive full payment for the items you’ve purchased before your order can be processed. On receipt of payment we will confirm that your order has been received by sending you an e-mail to the e-mail address you provide in your registration form. Our acceptance of your order brings into effect a legally binding contract between us.
Reservation of Rights.
Monitoring. Red Snapper Photo reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Red Snapper Photo determines, in its sole and absolute discretion, that you or another Red Snapper Photo user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Red Snapper Photo may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
Modification of the Service. Red Snapper Photo reserves the right to modify the organization, structure or "look and feel" of the Red Snapper Photo Service or the Website, and may change, suspend, or discontinue any aspect of the Red Snapper Photo Service at any time without any liability to you or any third party. Red Snapper Photo shall have complete discretion over the features, functions, prices and other terms and conditions on which the Red Snapper Photo Service is offered to Red Snapper Photo users.
Submissions
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Red Snapper Photo permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Red Snapper Photo will have no obligation to keep any Submissions confidential. You will not bring a claim against Red Snapper Photo based on "moral rights" or the likes arising from Red Snapper Photo's use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or stores Service.Representations and Warranties
Mutual Representations and Warranties. You represent and warrant to Red Snapper Photo and Red Snapper Photo represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.By You. You represent and warrant to Red Snapper Photo that, in your use of the Red Snapper Photo Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Red Snapper Photo that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Red Snapper Photo will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Red Snapper Photo incurs in providing the Red Snapper Photo Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware
Stores Agreement
Effective Date 26 April 2010Welcome to the Red Snapper Photo stores Agreement ("Agreement"). This Agreement contains the terms and conditions under which Red Snapper Photo offers the "stores Service" (defined below). Use of the Red Snapper Photo stores Service constitutes your agreement to and acceptance of this Agreement. Red Snapper Photo reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Red Snapper Photo Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the stores Service. Your continued use of the stores Service following posting of a change notice or new agreement on the Red Snapper Photo Website will constitute binding acceptance of the changes.
Agreement.
stores Service. This Agreement provides the terms and conditions under which Red Snapper Photo provides its service that will allow you to create, produce, market, and sell Products through stores (the "stores Service").
Terms of Service. If you become a store Owner, you will continue to be bound by all of the terms and conditions of the Terms of Serice, which are incorporated into this Agreement by this reference. For clarity, the stores Service is deemed part of the "Red Snapper Photo Service." All initially-capitalized terms not defined in this Agreement are defined in the Terms of Service, and any disputes you may have relating to your use of the stores Service will be subject to confidential binding arbitration in accordance with the Terms of Service. If the terms of this Agreement conflict with the Terms of Service, this Agreement will govern and be given precedence.
Opening a store. Opening an Account. Only Clients have the right to use the stores Service. To become a Client, you must open an account (an "Account") with Red Snapper Photo through its online registration process.
Contact Information. You must provide Red Snapper Photo with accurate and complete contacta and payment identification information when you open an Account. You must immediately notify Red Snapper Photo if any of this information changes. If you do not provide Red Snapper Photo with complete, accurate, and updated contact and payment information, you may not be eligible to sell Products for-profit.
Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify Red Snapper Photo immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Red Snapper Photo immediately if you become aware of any other breach or attempted breach of the security of your Account or the Red Snapper Photo Service.
store Services. Through the Artist stores Service Red Snapper Photo provides, without limitation, premium products, programs, promotions, coupons, discounts, market data, special pricing structures and other fee-based services and programs ("store Services"). Use of the store Services constitutes your agreement and acceptance of the terms and conditions of the store Services. Red Snapper Photo may terminate or modify the store Services from time to time.
Your Obligations.
General. You must use the Artist stores Service in a manner that demonstrates common sense and respect for the rights of Red Snapper Photo and third parties and in accordance with applicable laws and regulations.store Content. If you open a store, you will be solely and exclusively responsible for ensuring that your store(s), any content or materials that you submit to Red Snapper Photo for use with your Products ("Content"), and any websites linked to your store comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All store Content must comply with the Content Usage Policy. While Red Snapper Photo has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove any Content from the Website at any time without notice and without any liability to you or any third party.
Prohibited Content. You may not design, produce, market or sell a Product that does not comply with the Content Usage Policy as determined by Red Snapper Photo in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Red Snapper Photo believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Is my work or content licensed to Red Snapper Photo?
You will always retain full ownership of your logo, artwork and brand.
In uploading any of your Content to the Website, you grant to Red Snapper Photo a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Service to design, produce, market and sell Products, and (ii) to promote, market and advertise your Products, your store, or the Red Snapper Photo Service generally. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products, (ii) promotional "streams" of audio Content on the Website, (iii) display of Products on the Website, and (iv) Product or Content placement in magazines, television shows, movies and other media. Red Snapper Photo may sublicense the rights that you grant it in this Section. This Section 4 only gives Red Snapper Photo the right to use your Content for the purposes stated above, and does not give Red Snapper Photo ownership of any of your Content.
Product Creation.
Delivery of Content. You will upload or ship to Red Snapper Photo all Content that you want to use in your store in accordance with the applicable instructions on the Website. You must also upload or ship all other Content required to package and market any of your Products, such as cover artwork, titles, and complete and accurate credits. Red Snapper Photo may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the store.
Approvals and Consents. You must have all necessary approvals and consents to use all Content and you must deliver copies of those approvals and consents to Red Snapper Photo, if Red Snapper Photo requests them.
Costs of Creation. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to Red Snapper Photo, and will pay all costs associated with its creation and copies thereof,
Who owns the content I upload to Red Snapper Photo?
Description. Red Snapper Photo offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
Delivery of Content. You will upload or deliver to Red Snapper Photo all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website and in accordance with the “Obligations” Section above. . Red Snapper Photo may, in its sole and exclusive discretion, determine whether any Content complies with such instructions.
Licensing Your Content to Red Snapper Photo. You will retain ownership of the Content that you upload to the Website. You hereby grant to Red Snapper Photo a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Red Snapper Photo deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. Red Snapper Photo may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Red Snapper Photo Service, processing your order, and producing and shipping your Products.
General
Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. Red Snapper Photo PROVIDES THE WEBSITE AND Red Snapper Photo SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Red Snapper Photo DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, Red Snapper Photo SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Red Snapper Photo MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Limitation of Liability
LIMITATION OF LIABILITY. Red Snapper Photo WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Red Snapper Photo SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY Red Snapper Photo TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.Indemnification
You must indemnify and hold Red Snapper Photo and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify Red Snapper Photo under this Section, Red Snapper Photo will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Red Snapper Photo's express written permission.Termination
Termination. In its sole discretion, with or without notice to you, Red Snapper Photo may: (i) suspend, limit your access to or terminate your use of the Website and/or the Red Snapper Photo Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Red Snapper Photo's servers and directories and (iv) prohibit you from using the Red Snapper Photo Service and/or the Website.Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until Red Snapper Photo chooses to terminate this TOS.
Effect of Termination. If you or Red Snapper Photo terminates your use of the Website or the Red Snapper Photo Service, Red Snapper Photo may delete any Content or other materials relating to your use of the Red Snapper Photo Service on Red Snapper Photo's servers or otherwise in its possession and Red Snapper Photo will have no liability to you or any third party for doing so.
Notice
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by electronic mail. If you give notice to Red Snapper Photo, you must use the following addresses: sales@redsnapperphoto.co.uk . If Red Snapper Photo provides notice to you, Red Snapper Photo will use the contact information provided by you to Red Snapper Photo. All notices will be deemed received as follows: by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. .Dispute Resolution
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.Miscellaneous
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of England, Scotland and Wales without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of Red Snapper Photo. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Red Snapper Photo are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
