Terms of Service
Last Revised March 21,2006
Introduction
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Kodak EasyShare Gallery (formerly Ofoto, Inc.), through link (the "Service").
By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of our Service, you will be asked to tick a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)
1. Operator
This Site is operated by Kodak Imaging Network, B.V., a company incorporated in the Netherlands whose registered address is at Kingsfordweg 151, 1043 GR Amsterdam, The Netherlands (registration number 34189743). Kodak Imaging Network's VAT number is 804 9796 91.
Kodak Imaging Network is also referred to in these Terms as "we" and "us"
2. Purpose of the Service
Kodak Imaging Network offers digital photography services that provide the ability to view, share, store and print digital images through a range of electronic devices including personal computers and hand-held devices.
3. Availability
Kodak Imaging Network uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Kodak Imaging Network. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Kodak Imaging Network. You agree that Kodak Imaging Network shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
4. Privacy
We have a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
5. Trademarks
All brand, product and service names used in this Service which identify Kodak Imaging Network, its parent company Eastman Kodak Company ("Kodak") or third parties and their products and services are proprietary marks of Kodak Imaging Network, Kodak and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Kodak Imaging Network, Kodak or any third party with respect to any such image, logo or name.
6. Copyright
Kodak Imaging Network is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice or as permitted by the Copyright Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulations 1997 as applicable or any equivalent legislation as may apply.
7. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Kodak Imaging Network's agent for notice of claims of copyright infringement, Sanja Holland-Horvat who can be reached at mailto, or at Kodak Imaging Network, B.V., Kingsfordweg 151, 1043 GR Amsterdam, The Netherlands. You must provide our agent with the following information, which we may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) provide your physical or electronic signature.
Upon receiving your complaint, Kodak Imaging Network may remove content that you believe infringes your copyright. In addition, we may terminate the account of the member who appears to be infringing your intellectual property rights.
8. External Links
From time to time we may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. Kodak Imaging Network does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Kodak Imaging Network is not liable for any loss or damage that you may suffer by using other websites.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Kodak Imaging Network for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
10. General
These Terms constitute the entire agreement between Kodak Imaging Network and you with respect to your use of the Service. Kodak Imaging Network's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
11. Comments
If you have any comments or questions about the Service please contact us by e-mail at mailto.
Part B: Provisions Applicable to Registered Members and Customers
12. Registration
To purchase from or register as a member of the Service you must be 18 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
13. Password
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
14. Storage Policy
Kodak Imaging Network provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your account. To maintain free storage, you need to make a purchase from us at least once every 12 months (the 12 month period will restart with each purchase). If you do not purchase any product or service from us for a period of 12 months, we may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, we may, at our option, terminate access to the account altogether (including deletion of any account information held by Kodak Imaging Network). Kodak Imaging Network may change this policy at any time, upon reasonable notice to you.
15. Formation of a Binding Contract
No contract will exist between you and Kodak Imaging Network for the supply of any services or products unless and until we accept your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
All products purchased from Kodak Imaging Network are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
16. Pricing and Delivery
All prices are stated in pound sterling and are valid until altered by us. Prices are inclusive of VAT but exclusive of delivery charges and any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Please click here for further information on delivery options and prices click here. In the event that you order products and the price published on the Service was incorrect, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
17. Right to Return
You may return any item which you have ordered from us for any reason within 30 days of receipt. Please read carefully Kodak Imaging Network's Return Policy which forms part of these Terms.
18. Copyright in Your Images
Kodak Imaging Network does not claim ownership rights in any image contained in your account; however, for the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to Kodak Imaging Network a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.
19. Conduct
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
(a) for any unlawful purposes;
b) to upload, post, order for print, e-mail or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
(c) to upload, post, order for print, e-mail or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Kodak Imaging Network and Kodak;
(d) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(e) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(f) to upload, post, e-mail or otherwise transmit any material which is likely to cause harm to Kodak Imaging Network or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
(g) to make images hosted by Kodak Imaging Network available for viewing by the general public through a publicly posted link to the image or otherwise;
(h) for any commercial purpose.
You further agree that you shall not:
(a) interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
(b) provide any information to Kodak Imaging Network that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content
We do not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
21. Suspension and Termination of Access and Membership
You agree that Kodak Imaging Network may at any time without notice:
(a) refuse to accept your application to become a member of the Service,
(b) move or suspend any part of the Service; or
(c) refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Kodak Imaging Network's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
22. Disclaimer of Warranty and Limitation of Liability
Kodak Imaging Network agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
To the fullest extent permitted by law, all other warranties (express and implied) are excluded.
Kodak Imaging Network will only be liable to you for loss of or corruption of any images that we are storing for you, if that loss or damage is caused by a failure by Kodak Imaging Network to use reasonable skill and care in providing its services to you. In each such case Kodak Imaging Network's liability to you will be limited to an amount equal to any fees that you have paid to us in relation to the processing and storage of images which have been lost or damaged. In the event that we make a mistake in connection with a product order, we will be liable only to the extent of its Returns Policy.
Except as expressly provided in the preceding paragraph, to the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages resulting from the use of the Service, even if we have been advised of the possibility of such damages.
The exclusions of liability contained in these Terms do not apply to:
(a) any loss or damage resulting from death or personal injury caused by Kodak Imaging Network's negligence; or
(b) loss or damages arising from Kodak Imaging Network's fraudulent misrepresentation.
Return Policy
You may return any item to Kodak Imaging Network for any reason within 30 days of receipt for a credit or refund. In some cases, Kodak Imaging Network will refund or credit your original delivery cost.
Copyright Policy
Ownership
All copyright in the material contained on this website (the "Site Material") is owned by Ofoto Inc. and its licensees, unless stated otherwise. All rights reserved. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
License to copy for personal use:You may for your personal use save to your individual storage medium copies of the Site Material as necessary and incidental to your acts of viewing it, and you may print for your personal use of so much of the Site Material as is reasonable for private purposes provided that all proprietary notices are retained.
License to recopy for limited purpose:You may recopy the Site Material to individual third parties for their personal information only if: (a) you acknowledge this Site as the source of the material and you must include such acknowledgement and Ofoto's address (www.ofoto.eu.com) in the copy of the Site Material; and (b) you inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the Site Material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the Site may be distributed or copied for any commercial purpose.
No part of this Site may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.
Kodak Imaging Network reserves the right to withdraw or modify the licences set out above at any time.
IMPORTANT: the licences set out above do not apply to any photographic material. Such material has been provided by third parties. For permitted use of third party content you must apply to the relevant content owner.
