Date of Last Revision: 5th November 2009, Version 1.0
In order to access the service, you need to accept the full set of terms and conditions of this agreement specified below. This is a summary of what we are asking from you in order for you to become a user of the service:
shoebox360 is the registered service name operated by Cogent Home Ltd, a company registered in England and Wales, No 6507589. "shoebox360", "shoebox360.com-," "the company-," "we" or "us," are terms all used interchangeably within this agreement. The shoebox360 service (the "Service"), provides photo and video sharing ("photography") and printing services that allow our customers to upload, manage and print digital photographic content ("Content") (collectively known as "Process").
You must be a registered subscriber member of the Service ("the Customer or Subscriber or Member") in order to use the shoebox360 services. This End User Licence Agreement (the "EULA" or "Agreement") defines the legally binding contractual terms and conditions ("Terms and Conditions") for all Customers of the Service which must be carefully reviewed and agreed before proceeding with the Service. By checking the "I have read and agree to the Terms & Conditions and Privacy Policy" box on the "Sign Up" screen and entering the site you acknowledge that you have fully read and understood these Terms and Conditions and agree to be bound by them.
From time to time, this Agreement may be updated or changed without prior notification. The authoritative and most recent Terms and Conditions under which you agree to be bound to as a Subscriber or Member to this Service can always be found at shoebox360.com/termsandconditions . Any changes to the Agreement will take immediate effect on their publication to the Service and so it is important that you regularly review the current Agreement accessible directly via the Terms & Conditions hyperlink on the Service.
Following your acceptance of the terms and Conditions, should you decide that you no longer agree with any of the Terms and Conditions or any amendments made, you should cease to use the Service and terminate your membership ("Membership").
By entering and using the site and accepting these terms and conditions and by checking the "I have read and agree to the Terms & Conditions and Privacy Policy" box on the "Sign Up" screen as a customer and member of the Service, a contractually binding agreement between you and the company is established and you agree in its entirety that you will only use the Service in accordance with the Terms and Conditions laid forth in this Agreement.
If you DO NOT AGREE with the Terms and Conditions set forth in this Agreement, do not check the "I have read and agree to the Terms & Conditions and Privacy Policy" box on the "Sign Up" screen and do not access or use this Service.
If you have any questions relating to the terms and conditions please email legal@shoebox360.com or seek independent qualified legal advice as to their meaning and your personal obligations and liabilities under this Agreement.
You must be at least 13 (thirteen) years of age and complete in full the registration process ("Registration") where information about you will be collected including your name, email address and a self-chosen secure password which become your login credentials ("Login Credentials"), your country of residency and confirmation of your age. By undertaking Registration and registering as a Member of the Service, you represent and warrant to us that the personal details that you provide to us are truthful and accurate and that:.
You may be required to agree to additional Terms and Conditions pertinent to additional services or access to areas presented to you by the Service. To the extent there is a conflict between the provisions of this Agreement and the terms and conditions posted for a specific service or sections of the Service, the latter will govern, but only with respect to your use of that particular service or section of the Service.
This Agreement becomes effective immediately upon checking the "I have read and agree to the Terms & Conditions and Privacy Policy" box on the "Sign Up" screen and will remain in full force during the period you are a Member of a valid, current and active Subscription ("Subscription") and/or have content on the Service.
You may terminate your relationship with us as a customer at any time, for any reason, by sending a written request to legal@shoebox360.com or by writing to us at our registered address available at shoebox360.com/contact us whereupon your Login Credentials will be revoked. Only upon specific request will we delete any "Material" (photographs, videos, comments and personal information) submitted by you.
The company reserves the right to terminate, at its sole discretion, your use of the Service at any time, for any reason, by sending written notice of termination ("Notice") to you at the current email address registered in your customer profile. Should Notice be served, all material relating to your customer profile including digital images and any other information supplied by you will be permanently deleted from our electronic storage systems with the exclusion of any information we must legally retain for taxation or auditing purposes. shoebox360 will have no liability whatsoever arising from the termination of service and by checking the "I have read and agree to the Terms & Conditions and Privacy Policy" box on the "Sign Up" screen you unconditionally agree to this clause in the Agreement. In addition the company will not be liable to you or any third party for any termination of access to the Service.
When you check the "I have read and agree to the Terms & Conditions and Privacy Policy" box on the "Sign Up" screen your email address will become your username and your password is the password entered and verified by you and has been accepted by the Service as conforming to our password security standards and stored in a secure encrypted format. This pairing then becomes your Login Credentials. Each customer is solely responsible for maintaining the confidentiality of his or her Login Credentials. Should you believe your Login Credentials have been compromised (become known to an individual who you did not intend to disclose your Login Credentials to), you must immediately change the password using the Change Password facility under the Administration section of the Service. If access to your Login Credentials has resulted in an unauthorised individual changing your password you must first attempt to regain control of your Login Credentials by resetting the password using the automated password reset facility offered by the site OR by sending an email to us at password@shoebox360.com from the original email account address used for Registration (which you will need to access to confirm your password reset request) whereupon the process to reset your password will be initiated. If your Login Credentials combination has been compromised you are responsible for checking that any content uploaded through your Login Credentials was uploaded by you and that all the content conforms to the Terms and Conditions of this Agreement.
This Service contains proprietary information and content that is owned by the company and/or any third-party content that has been licensed by the company ("Proprietary Service Content") and the Service is protected by UK, European Union, U.S. and international copyright laws and by other applicable local laws. Under no circumstances will you obtain any rights to the Proprietary Service Content other than those specifically granted in this Agreement. Proprietary Service Content includes, but is not limited to, the design and layout of the website, all textual and graphical content and the software application code used to operate the Service. The Proprietary Service Content is protected ("Protected Assets") by issued and pending national and international patents, registered and unregistered trademarks, copyrights, trade secrets, intellectual property laws and other laws that govern the protection of the company's intellectual and physical assets. Under no circumstances will you attempt to break any security systems put in place to protect our intellectual property, view, reverse-engineer or modify the software code used to provide the Service or access any of the presentation, application, data or security web components ("Web Services") used to provide this Service with the navigation options provided directly through the user interface provided by the Service.
You may not use or process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
By checking the "I have read and agree to the Terms and Conditions and privacy Policy" box on the "Sign Up" screen, the company hereby grants you a limited, non-exclusive, fully rescindable personal licence to use, reproduce and display the Service Content for the duration of the Subscription. Under no circumstance must any of the Protected Service Assets including software application code be copied or reproduced, either electronically or otherwise and any breach of this clause may result in legal action resulting in either civil or criminal action, being taken against you.
As a Customer, you may upload for display, download or make available for other forms of digital processing such as printing, proprietary photographs, text, graphics and other content relating to the purpose of the Service.
The company needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms and Conditions. As a condition to your Membership, you hereby grant the company, a fully paid, royalty-free perpetual, worldwide, non-exclusive right to copy and modify, transmit, display, process and make derivative copies of material through digital processing and distribute your Content, to provide, amend or improve the Service. Conditional to the Membership, you acknowledge and warrant to the company that you own your Content or have written permission from the copyright owner to make such Content available to the Service.
If you believe that there has been a breach of copyright under national or international law, of work you, or a third party legally and defensibly owns or holds title to and you believe that the breach constitutes copyright infringement of your work or the work of another please email full details of the suspected breach to copyright@shoebox360.com where we will return a questionnaire to gather information relating to your "Notification of Copyright Infringement" and thereafter fully investigate your claim(s) and remove the content from the Service should the material be deemed not to be owned by the Member who submitted it to the Service. We also will advise the alleged infringer of the "Response to Copyright Infringement Notification" procedure, by which the alleged infringer may respond to your claim and request that we restore the material at issue.
Should the alleged copyright infringement be referred to a Court of Law, all material relating to the alleged infringement will be made available to the claimant and the defendant or their appointed agents in accordance with the laws determining disclosure in the country or countries where the alleged infringement occurred.
It is the company's policy to irrevocably terminate access to and preclude use of the Service to any Member who is found to infringe the copyright rights of others, either upon receipt of proper notification to us by the copyright owner or the legal agent of copyright owner or as determined after review by the company, at its sole discretion.
You are solely responsible for all Material that is uploaded via your Membership by you or other third parties that have access to your account details on the shoebox360.com Service, and you accept the consequential liabilities either expressed, implied or otherwise by uploading Content. You hereby represent and warrant without condition that: you are the legal copyright owner and/or have the right to use and upload all of the Material to the Service, in whatever form and for whatever purpose. You also indemnify shoebox360.com that the Material uploaded by you to the Service in no way violates or compromises the privacy, publicity, copyright, or any other rights of any person or entity.
By checking the "I have read and agree to the Terms and Conditions and privacy Policy" box on the "Sign Up" acreen, YOU WILL unconditionally indemnify shoebox360, its operating and holding company, any international subsidiaries its shareholders, directors, company officers, employee's, agents, third-party affiliates and associated companies ("shoebox360 & Associates") from any claims, liabilities, expenses, damages and costs, legal or otherwise, resulting from violations of these terms and conditions or activity performed on this Service including illegal use of the Service or Content, fraudulent, negligent or abusive behaviour or violation of the Membership and Member Conduct clause by you or any other party such as invitees using your Login Credentials, Membership or subscription shoebox key ("shoebox key") issued to you.
shoebox360 is fully committed to ensuring that the Service remains an exciting, vibrant, safe, fun and pleasurable service for the Processing and enjoyment of digital Photography. By checking the "I have read and agree to the Terms and Conditions and privacy Policy" box on the "Sign Up" acreen you agree that you will not provide or upload any Material that contains anything that solicits passwords or personally identifiable information from other members for commercial, unauthorised or unlawful purposes.
In addition, users of the Service, whether Members or not, are strictly forbidden to use the Service for the Processing of prohibited content ("Prohibited Content"). Prohibited Content includes, but is not exclusive to, Content or other material that the company or the legal authorities and/or judiciary in the country where the Service is being accessed from have prohibited, or believe the material:
shoebox360 does not examine, moderate, review or monitor all Content uploaded to the Service. shoebox360 has, and will enforce, at its sole discretion the right to determine whether use of the Service violates the Terms and Conditions of this Agreement including the use of Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time.
This Service allows you to contribute your Content to the Subscription owner of a shoebox ("shoebox Owner") to which you have been invited as their guest ("Guest"), who is the legal title owner of the subscription to the Service. The shoebox Owner has complete control over whether and how to use contributed Content and a shoebox Owner can choose to display or not Content you contributed to other Guests in the public area(s) of the Service. The shoebox Owner also has full control over who is allowed to access the Service for their shoebox ("shoebox") and may restrict or remove your access solely at their discretion.
At the end of the subscription period ("the Subscription") for a shoebox, if the shoebox Owner has not opted to extend the period of the subscription, all material will be permanently and irrevocably purged from the shoebox360 service following the end of the Subscription, at a date and time to be determined solely by the company. The date of termination of the Subscription is available in the My Information section of the Service against the shoebox name for the shoeboxes registered against your profile.
shoebox360 may, in the future, make available for your use third-party software and services. To use such third-party software or services, you agree to the terms and conditions specified by the third-party. The agreement for use of the software or service will solely be between you and the third party and the company makes no warranties either expressed or implied nor is it responsible in any way for the performance, reliability or effectiveness or otherwise of these software or service products.
shoebox360 offers unlimited storage capacity of online photos to Members for the duration of the subscription period licensed. You should always keep the original digital photographic content, or make personal back-up copies of such content on an appropriate digital storage device. You should not use the Service as the only copy and repository of your digital photography content in case of loss or corruption for which the company makes no warranty that the digital photography is guaranteed to be available, will be readable by machine or preserved for an indefinite state.
shoebox360 takes your privacy rights very seriously and has taken specific steps in order to protect it. Please read the terms of the Privacy Policy, which terms are hereby incorporated into this Agreement by reference.
You acknowledge that the company reserves the right to charge for certain services offered by the Service and to change its fees from time to time, at its sole discretion and implement taxation changes as directed by the Government(s) in the location where the Service is consumed or as we are legally required to collect taxation on the Government(s) behalf. When you use any fee-based services, you will be responsible for the payment of any applicable fees as set forth on the Service.
You must be at least eighteen (18) years of age to place an order for the Service and related products through the Service. If you are a Member who is between 13 (thirteen) and 18 (eighteen) years of age, you must have a person who is over eighteen (18) place an order on your behalf. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the order was placed.
When you place an order, you will be required to give us, or our authorised payment services provider, a valid credit card number or other accepted payment card details and associated payment information, including but not limited to:
You hereby acknowledge and agree that, once you place an order and provide payment information via the authorised payment services provider, no additional notice or consent is required before the company invoices the credit or debit card for all amounts due and payable in full.
Members have the option to pre-purchase the company credits ("Credits") via the Service that offers ease of payment and discounts for volume Credits purchases via the service that are used to procure goods and services ("Goods") available via the shoebox360 Service. Credits are valid for the duration of the Subscription and are non-refundable. When purchasing Credits, the amount payable includes any applicable local taxes that will be applied and invoiced at the time of purchase. When purchasing Goods, the Credit cost is calculated net of local taxes as all applicable local taxes have already been accounted for and paid to the local governing taxation authorities.
To purchase goods and services via the Service, Credits, cash or a combination of the two can be used at the choice and discretion of the Subscriber.
Unexpired Credits are not transferable between individual Members but are transferrable between a Member and the shoebox Owner.
Any Credits remaining at the end of the Subscription can be reduced to a zero balance should there be insufficient Credits to procure Goods by Credits alone by aggregating Credits and cash to cover the minimum spending requirement as determined by the Service.
The Subscriber will be informed by the company via email fourteen (14) days before Subscription termination using the current registered email address on the System informing the Subscriber of the options to use any remaining credits. Upon expiry of the Subscription, any unused Credits will deem to have irrevocably expired and have no further currency or redemption value and no ongoing financial liability will be accepted or carried by the company.
If we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, 'hacking', unauthorised access, theft, operator error, earthquakes, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employee's), or information lost due to malfunction or loss of any electronic systems, we will not be liable for this. If any such shoeboxes continue for more than 21 days, you can terminate this Agreement provided that you give us notice. If the shoeboxes continue for more than 3 months, we can terminate this Agreement by giving you notice. In either shoebox, no administration charge will be raised.
Any links found on this Service to third-party websites or web services expressly are not under our control. The company is not responsible for the content of any third-party website or web service and such sites are not endorsed or sponsored by us, unless otherwise explicitly stated.
You have the right to cancel ("Cancellation Period") any contract completed within 14 days of signing up for the Service assuming that no keys for accessing the Service ("shoebox Keys") have been issued or used activating the Service ("Service Activation"). If you wish to cancel a contract you must either notify us in writing at the contact address specified on this website or via email to legal@shoebox360.com. Upon cancellation we will fully refund your chosen payment card for any payments made and delete all information relating to the subscription to the Service that is not required for auditing purposes.
Under no circumstances will the company & Associates, be liable for any claim of any nature arising from or related to Content made available on or through the service, including errors or omissions in such Content, or loss or damage incurred as a result of Content.
Any product or service made available through the Service is provided on an "as is" and "as available" basis and with the exception of the Limited Warranties explicitly documented in this Agreement, the Service is provided without warranties of any kind, either express or implied. Without limitation, to the extent permitted under applicable law, the company does not warrant that the site is fit for any particular purpose, that the site Content is non-infringing of copyright, patent, trademark(s) registered or otherwise, trade secret(s) or other form of intellectual property; that its merchantability is satisfactory quality; that the services available via the site will meet your requirements, be uninterrupted, timely or secure; that defects errors or omissions will be corrected; that the site is free of viruses or other harmful corruptive code or Malware components, or that the information and guidance of the site are accurate, error-free or reliable. Your use of the Service is at your own risk.
Any Content downloaded or otherwise obtained through the use of the Service is solely at your own discretion and risk. You will be solely responsible for any damage to your computer system resulting from problems with downloaded material.
the company & Associates are not responsible for any Content whether online or offline and under no circumstances shall the company & Associates be responsible for any loss or damage, including personal injury or death, resulting from use of the site. the company & Associates are not liable for any offensive or threatening or illegal material submitted or posted by you or other Members. The company & Associates are not responsible for the operation, security, availability, performance or safety of any equipment, electronic, telecommunication or otherwise, that is not explicitly owned or leased or lent under authorisation of the Company to the Company and no liability will be accepted whatsoever, within the fullest extent permitted under law, for any failure, malfunction or death or injury caused as a result of usage of the Service.
Without limitation, to the extent permitted under applicable law, the company & Associates are not liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential (including any loss of data, revenue or profit) or punitive damages, in connection with or arising from your use or from your inability to use the Service.
The company & Associates are not liable for any damage or destruction or any theft or unauthorised access to your computer system(s) or network. This limitation applies to all potential claims, whether based on contract, tort, negligence, liability or otherwise, even if you have been advised of the possibility of such damages.
Certain countries and states within countries do not recognise or allow the exclusion or limitation of consequential or incidental damages, and under these circumstances the conditions, exclusions and limitations may not apply to you. This warranty gives you specific legal rights, and in addition you may have other rights which vary from country to country. If you are dissatisfied with any element of this Service, or with any of the Terms and Conditions specified in this Agreement, your sole and exclusive remedy is to not accept the Agreement or post acceptance of the Agreement to discontinue using the Service. With this exception, the remedies set forth in these terms are your sole and exclusive remedies.
shoebox360 warrants that any products that you order through the Service will be free of any defects in materials and workmanship, subject to:
shoebox360 will, at our own expense and as its sole discretion, obligation and to your exclusive remedy, replace any defective print products which you report to us either in writing or email, within 28 (twenty-eight) calendar days after we receive notice and accompanying evidence of the defect.
This Agreement constitutes the entire agreement between you and the company and governs your use of the Service.
Should the company decide not to exercise a term specified and bound by this Agreement ("Term") there is no implication that the Term not exercised is waived in part or in whole. If a court of legal standing in the country of Governing Law and Venue determines that a Term is invalid, both parties agree that the court should interpret the intention of the Term with one that most closely matches the original intent and that other Terms and Conditions of the Agreement remain effective and in full force.
This Agreement may not be transferred, novated, delegated or assigned by either party without the prior written consent of the other party with the exception that the company for reasons of the commercial transfer of Company assets in part or in full that are owned by the Company, the Company may assign and transfer this Agreement (including your Membership and any associated personal data including all Content), in connection with the sale of our business or a merger or takeover by a third party. In this event, the Terms and Conditions of this Agreement shall remain in force until any changes are posted to the Service modifying the Terms and Conditions of the Agreement.
Both current printed versions and electronic versions of this Agreement shall be admissible to judicial, criminal, tort or administrative proceedings relating to this Agreement to the same extent and subject to the same conditions as other documents originally available or submitted in printed form.
shoebox360 takes very seriously the nature of its Service and the protection of its Subscribers and other parties that may be exposed to the Service. It also rigorously defends the protection of the assets of the Company, both physical and intellectual. If you know of or wish to report any abuse by or towards Subscriber(s), other parties, or the Company's rights, please detail the alleged abuse in writing and send via email to legal@shoebox360.com where we will investigate the alleged abuse or violation and take appropriate action at the sole discretion of the Company to protect its, our Subscriber(s) or other third parties legal rights.
This Agreement is governed by English law and both we and you submit to the exclusive jurisdiction of the English Courts.
