1 - Introduction
1. These Terms of Service apply to the use of Famipix’s Service (as defined below). By using the Service, you agree to the Terms of Service and enter into an agreement with Famipix (hereinafter “Agreement”). If you do not wish to agree to the Terms of Service, you cannot use the Service.
2. Famipix is a service operated from the Netherlands by Skylark Media Group (SKMG). SKMG is a Dutch company with limited liability established and existing under the laws of The Netherlands, having its registered office in (3523 RB) Utrecht, at Saffierlaan 55a, and active on the website www.famipix.com and all subpages (hereinafter “Website”).
3. We advise you to read these Terms of Service carefully so that you are aware of your rights and responsibilities when using Famipix’s Service. Questions about the Terms of Service should be sent to firstname.lastname@example.org
4. You can also download and print these Terms of Service as a PDF
2 - General
1. These Terms of Service apply, to the exclusion of your terms and conditions, to all agreements between you and Famipix and every use made of the Service via your Account.
2. Famipix may, at all times, amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. The amended or supplemented Terms of Service will be brought to your attention during your use of the Service. If you continue to use the Service, you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, your only option is to terminate the Agreement in accordance with article 9.
3. Additions to and/or deviations from these Terms of Service are only valid when confirmed in writing by Famipix.
3 - Service and availability
1. Famipix has developed a platform, called Famipix, which is an online service that allows users to share photos via the Internet (hereinafter “Platform”). The service of Famipix consists of making the Platform accessible through the Website (hereinafter “Service”). Famipix offers a free subscription which provides low resolution photo hosting- and sharing but also a premium subscription (hereinafter: “Subscription”) which offers hosting and sharing of high resolution photos and videos. You obtain access to the Service through your personal account (hereinafter “Account”).
2. As an additional service it is possible to order a hard copy of your photo(s). This service is performed by a third party and you enter into a separate agreement with the third party for this. Famipix can not be held liable for any defaults by the third party.
3. If you comply in full with all obligations pursuant to these Terms of Service, Famipix will grant you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Service, including the Platform.
4. To the best of its ability, Famipix will make efforts to provide the Service with due care. You accept that the Service, including the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”). Each and every use of the Service is for your own risk and responsibility.
5. Famipix is at all times entitled, without in any way becoming liable to you:
to make procedural and technical alterations and/or improvements to the Platform and/or the Service; and
to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. Famipix will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
4 - Account
1. To use the Service, you must create an Account by following the registration process on the Website.
2. In order to obtain access to your Account you will be asked to confirm your e-mail address, which you used for registration. After confirming your e-mail address it is possible to set your password and enter basic information. When you successfully finish the before mentioned proceedings the Account can immediately be used.
3. It is not permitted to:
provide information during registration that is not accurate, complete or up-to-date;
create more than one Account. If multiple free accounts are created from the same IP-address, Famipix reserves the right to terminate these accounts;
create an Account for another natural person or legal entity than yourself or the legal entity your represent;
share an Account or in any other way provide access to the Account to another natural person or legal entity.
4. Your Famipix account is personal and cannot be transferred to other Famipix members.
5. There is no agency, partnership, joint venture, employee-employer or frachise-franchisor relationship between Famipix and any user of the Service.
6. Famipix reserves the right to remove so called in-active-Accounts, including all uploaded media. Accounts of non-paying users who have not logged in to the Website for more than 180 consecutive days are deemed in-active. Accounts of paying users are deemed in-active after the grace period of [fourteen] () days, as meant in article 7.7, has lapsed.
7. As soon as you know or have reason to suspect that your Account is being abused, you must notify Famipix immediately and take all necessary steps to prevent unauthorised access.
5 - Your obligations
1. You must use the Service in a manner consistent with any and all applicable laws and regulations.
2. You are solely responsible for the content - including but not limited to all information, data or material such as photo albums (hereinafter “Content”)- that you publish or display (hereinafter: “post”) on the Service or transmit to other members.
3. In using the Service, you are not permitted to perform any acts as listed below or make Content available:
- which, at the discretion of Famipix, is discriminating or is otherwise deemed hurtful, offensive or inappropriate against any group or individual;
- in which personal data or passwords of other users are made available for commercial or unlawful purposes;
- which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it - unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical - protection measures of the Service, the Platform and/or the computer systems of Famipix;
- which qualifies as or transmits unwanted or unsolicited material or content (“junkmail”, “chainletters”,spam);
- which promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- which displays pornographic or sexually explicit material of any kind;
- which provides instructional information about illegal activities such as making or buying illegal weapons, violating - someone’s privacy, or providing or creating computer viruses;
- that engages in commercial activities and/or sales without Famipix’s prior written consent such as contests, - sweepstakes, barter, advertising and pyramid schemes;
- which could prejudice the interests and reputation of Famipix.
4. If you are a non-paying user, you may upload to a maximum of 100 photos. Video uploads are not permitted for non-paying users. If you have a premium Account, your use of the Service is restricted to the amount of posted Content at any given time, as specified in your Subscription. In any event, your posted Content may not generate more than 10 GB outgoing traffic per month, as measured by Famipix.
5. Famipix reserves the right to review you account and, without prior notice, to abridge, alter, refuse and/or remove Content if this is necessary in Famipix’s opinion, without this resulting in any liability.
6 - Privacy
7 - Payment
1. You shall pay Famipix the agreed fees, as mentioned on the Website. All fees are in the currency as shown on the Subscription page and inclusive of all taxes, levies, or duties imposed by taxing authorities. You alone are responsible for payment of all such taxes or duties.
2. Payments must be made yearly in advance.
3. Famipix is entitled to change its fees at any time. The changed fees will become applicable to you from the moment of your next subscription period.
4. Famipix shall charge the amounts due through your preferred method as indicated on the Website during your registration. In any event, payments must be made 7 days before the end of the subscription period.
5. If you paid with credit card or debit card and you have agreed to renew your Subscription, Famipix will automatically write off the agreed fees from your creditcard or debit card.
6. If you fail to provide full and timely payments, you will immediately be in default without any advance demand or notice of default being required. From the time of default:
you owe Famipix interest equal to the statutory interest
Famipix may decide to refer the debt for collection, in which case all costs incurred by Famipix in connection with the late payments are charged to you. These costs will come to at least 15% of the amount of the invoice.
7. When a payment fails, all Content will be deleted from the Account in question after expiration of the grace period of [fourteen] () days after the last day on which the payment for the Subscription needs to be made as meant in article 7.4.
8. Complaints regarding (parts of) the Service or the invoice do not suspend your payment obligation.
9. The Service is provided on a non-refundable basis. There will be no refunds or credits for months of Service unused with an activated Account or for unauthorised use of an Account.
10. Famipix reserves the right to modify, suspend or discontinue the Website at any time for any reason with or without notice without this having any effect on your payment.
8 - Intellectual Property Rights
1. The intellectual property rights - including but not limited to copyrights, database rights and tradename rights (hereinafter “IP-rights”) - in relation to the Website and Service, including the Platform are held by Famipix or its licensors. Nothing in the Terms of Service is intended to entail any transfer of IP-rights to you.
2. You retain all IP-rights on the Content you provide through the Service. By making available or uploading Content to the Service you automatically grant Famipix a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use this Content insofar as is related to the Service.
3. Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Platform or apply reverse engineering to it. This means you may not copy, modify, publish, transmit, distribute, perform, display or sell any of these IP-rights except for that information which is in the public domain. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of the Service and/or the Platform is not allowed.
9 - Term and Termination
1. You enter into an Agreement for a definite period of time, namely one (1) year. After the initial period has lapsed. Famipix shall inform you by e-mail fourteen (14) days in advance that your Agreement is about to expire, and ask you whether you wish to renew your subscription for one (1) year. If so, the Agreement will be renewed for the same period of time.
2. You can terminate the Agreement at any time by indicating the termination in your Account. Your termination will take effect at the end of the current Subscription term.
3. Famipix has the right to immediately and without prior notice (temporarily) suspend its Service, lock your Account or to terminate the Agreement, without being liable to you:
If you breach your obligations under the Agreement and/or the Terms of Service;
For any other reason, to be determined by Famipix.
4. In the event the Account is terminated, there will be no reversal of that which Famipix has already delivered nor the related obligation to make payment. You will not receive any refunds as a result of termination.
5. Upon termination of the Agreement, Famipix shall keep all Content available to you for a period of 14 days after the end of the Agreement. You will be able to use the Service during this month insofar as is necessary for the exporting of Content. You may not add any Content. After this period, Famipix shall make your Account inaccessible to you. Famipix will not be obliged to provide any Content or other information to you or convert or export such information. This clause is not applicable in case the Agreement is terminated as a result of a breach of your obligations under the Agreement and/or the Terms of Service.
10 - Liability
1. If Famipix is liable for damage on whatever ground, Famipix shall be liable solely for direct damage suffered by you up to an amount not exceeding that of your payments to Famipix for the three (3) months of Service preceding the event that caused the damage.
2. Direct damage shall solely mean:
reasonable expenses that you would have to incur to make Famipix's performance conform to the Agreement, unless the Agreement is rescinded by you;
reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damages; and
reasonable expenses incurred to prevent or mitigate damages, insofar as they relate to direct damages.
3. In no event will Famipix be liable to you or any third person for any indirect including but not limited to consequential, exemplary, incidental, special or punitive damages, loss and/or damage of data, loss of savings, lost profits arising from use of the Website or the Service, even if Famipix has been advised of the possibility of such damages.
4. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Famipix or its managers (“own actions”).
5. No right to damages shall exist unless you notify Famipix in writing of the damage promptly after it has arisen. Any claim for damages against Famipix shall become extinguished by the mere lapse of one (1) month after the claim has come into being.
11 - Warranties and indemnifications
1. Famipix does not guarantee:
that the Service shall be available to you at all times and without interruptions, faults or disturbances;
that the Service shall be effective or the use of the Service shall lead to certain results;
that the information provided through the Service shall be accurate, up to date and complete.
2. No advice or information, whether oral or written, obtained by users from Famipix or through or from the Service shall create any warranty not expressly stated herein.
3. Famipix is not responsible for:
the purchase and/or the proper operation of your infrastructure;
loss, damage, inaccuracy and/or incompleteness of any Content;
transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet;
any unauthorised use or attempted use of the Service;
making backup copies of any Content;
the management, including checking the settings, the use of the Service and the manner in which the results of the Service are used.
4. You guarantee that you will not use the Service and/or the Platform in a way that:
infringes the rights of Famipix or third parties, including but not limited to IP Rights or rights in relation to the protection of privacy;
is contrary to any current legislation or regulations; or
is contrary to any provision in these Terms of Service.
5. Famipix shall never be liable for any of the above-mentioned acts or circumstances. You indemnify Famipix, its subsidiaries, affiliates, officers, agents and other partners and employees, against all damage and costs, including – but not limited to – damage resulting from (alleged) infringements of IP-rights, reasonable attorney’s fee, claims by third parties, collection costs, the statutory commercial interest, loss of profits, penalties incurred and legal fees, which Famipix incurs or which result from (i) attributable breach of the Terms of Service by you, (ii) any use of the Service by you or (iii) an unlawful act.
1. These Terms of Service and the use of the Service are governed by Dutch law.
2. To the extent that national or international rules of law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements concluded subject to these Terms of Service, or arise therefrom, will solely be submitted to the competent court in Amsterdam.
13 - Miscellaneous
1. Famipix may transfer rights and obligations arising from these Terms of Service or the Agreement to third parties and will notify you of this.
2. You are not permitted to transfer to third parties any right derived from your Account without Famipix’s prior written consent.