If you aren't satisfied with the quality of your brag for any reason, please let us know at [email protected] within 7 days. It's that simple.
We will work with you to determine if a reprint of your brag is most appropriate or a credit towards a future purchase.
Please note that each brag is crafted just for you and therefore there may be some slight variations when ordering more than one of the same brag. Also, we use professionally calibrated color profiles to most honestly represent your photos, however this may appear slightly different from the colours you see on your Phone, Tablet or PC.
These products are patented, and subject to patent protection.
Date of Last Revision: January 18, 2016
Atriolabs Limited (together with its corporate affiliates, “fotobrag,” “we,” “us,” “our”) provides its online, collaborative publishing services to you through its website located at www.fotobrag.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to these Terms of Service (“Terms of Service” or “Agreement”). By accessing or using the Service, you (the “User”) agree that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member ("Member") of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without notice. If we do this, we will post the changes to these Terms of Service on our Site and will indicate at the top of the Terms of Service the date they were last revised. Any new Terms of Service are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void where prohibited.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may have your account deleted by contacting [email protected] Fotobrag may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Fotobrag information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Fotobrag will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.
You acknowledge that Fotobrag reserves the right to charge for Services and to change our fees from time to time in its discretion, upon posting such policy on the Service. Thereafter, upon using our Services, you will be responsible for the payment of any applicable fees as set forth on the Service.
Conditions of Sale
Eligibility and Credit/Debit Card Terms
To order any Fotobrag products, you must be at least eighteen (18) years of age. You will be redirected to our partner payment gateways (Interswitch and Paypal) where you will be required to supply your credit/debit card details (Verve, VISA, MasterCard, American Express or any other issuer accepted) and associated payment information at the time you order fotobrag or any other products hereunder. Note that Fotobrag does not process or store your credit/debit card details on any of our systems.
Fotobrag does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your credit/debit card issuer agreement governs your use of your designated credit/debit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Fotobrag invoices the credit/debit card for all amounts due and payable. Fotobrag reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Any credit issued to you by Fotobrag has no cash value and is not exchangeable as cash. Fotobrag credit may be redeemed towards future purchases using your Fotobrag account, and your Fotobrag credit will be automatically applied in the checkout process. Fotobrag credit is valid for 1 year from the date of last purchase, or if the user has not purchased, from the date of registration as a Fotobrag user. If your Fotobrag credit expires, it will be removed from your Fotobrag account.
Fees and Charges
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, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. Fotobrag may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Fotobrag has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
All sales are subject to Fotobrag’s then-current return policies, as posted on the Returns page.
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Fotobrag and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Fotobrag account information to ensure that your messages are promptly delivered.
Password and Account Security
When you purchase, an account is automatically created for you and is linked to your email address. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at [email protected]
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service to:upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; or use or attempt to use another's account, service or system without authorization from Fotobrag, or create a false identity on this Service.
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Fotobrag or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Fotobrag’s prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Fotobrag or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fotobrag under a separate agreement.
The core technology and software underlying the Service is the property of Fotobrag (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Fotobrag.
This product is patented, and subject to patent protection.
Member Content Posted on the Service
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You understand and agree that Fotobrag may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of Fotobrag violates this Agreement or for any other reason.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Fotobrag an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicensees to do the foregoing.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending an email to [email protected] with the following information:
A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Other Web Sites
The Service contains links to other web sites. Fotobrag is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Fotobrag. If you decide to access these third-party web sites, you do so at your own risk.
Social Networking Services
In addition, Fotobrag is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Fotobrag is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Fotobrag enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Fotobrag is not responsible for any Member Content, including Member Content that violates this Terms of Service or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Fotobrag is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand that the Service may be temporarily unavailable from time to time. Fotobrag DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. Fotobrag assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Fotobrag is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the INTERNET and/or in connection with the Service. Under no circumstances will Fotobrag be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the SERVICE or transmitted to Members, or any interactions between users of the SERVICE, whether online or offline. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND Fotobrag DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOTOBRAG.COM CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL FOTOBRAG BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF FOTOBRAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOTOBRAG'S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO FOTOBRAG FOR THE SERVICE DURING THE TERM OF MEMBERSHIP OR ONE HUNDRED DOLLARS ($100) PAID OUT IN LOCAL CURRENCY.
Governing Law and Venue
The Terms of Service and any dispute about or involving the Service will be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Lagos State and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold Fotobrag, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
These Terms of Service constitute the entire agreement between you and Fotobrag regarding the use of the Service, superseding any prior agreements between you and Fotobrag relating to your use of the Service. The failure of Fotobrag to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Fotobrag may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you consent to us contacting you via email or other electronic means.
Please send a mail to [email protected] for more information.
Date of Last Revision: January 18, 2016
(a.) Understand what information we collect and how we collect, share, and use the information; and
The Information We Collect
When you visit or use the Service, you may provide us with two types of information:
Personal Information that you knowingly choose to disclose through various Service features.
Service Use Information that is collected by us as you interact with the Service.
Personal Information You Provide to Us
We collect personally identifiable data ("Personal Information") that you submit to us voluntarily through the Service:
(a.) When you post any material (such as User Content) on or through the Service, you may be providing Personal Information.
(b.) When you order products or services through the Service, you provide Personal Information necessary to complete the transaction, including your name, email, shipping information and billing information.
(c.) When you contact us to give feedback or ask a question using the forms provided by us, you provide your name, email address and your comment, question or feedback.
(d.) When you participate in our surveys, we may collect additional Personal Information.
(e.) When you contact us by sending us an email, we will collect your email address, any Personal Information contained in the email, and any Personal Information attached to the email.
Service Use Information
User Content and Other Information
When you use the Service, you may form relationships, send messages, perform searches and queries, and transmit Personal Information through various channels. We collect Personal Information related to these services so that we can provide you the Service and offer personalized features. In most cases, we retain the Personal Information so that, for instance, you can view a list of your friends or see the books you are currently contributing to. When you update your Personal Information, we sometimes keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
You post Personal Information in User Content (as defined in Fotobrag’s Terms of Service) through the Service at your own risk. Although we allow you to set privacy options that limit access to your books, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your books and Personal Information. Therefore, we cannot and do not guarantee that User Content you post on or through the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Service. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
Any improper collection or misuse of information provided on Fotobrag is a violation of the Fotobrag Terms of Service.
If you choose to use our invitation service to tell friends about the Service, we will ask you for your friend's email address. Your friend will automatically be sent a one-time email inviting him or her to visit the Service. Fotobrag stores information gathered during this process to register a friend connection if your invitation is accepted, and to track the success of our referral program.
By using the Service, you are consenting to have your personal data transferred to and processed in the United States and/or Europe.
Use of Information Obtained by Fotobrag
In general, information you submit to us is used either to respond to requests that you make or to aid us in serving you better, including to fix technical problems, provide administrative services, and monitor traffic, the number of visitors, and the effectiveness of programs. We may use aggregated user data to market the Service to others. We may provide these services ourselves or share the information with partners who will provide the services for us.
We may use your Personal Information to provide you with newsletters and surveys and to notify you of important changes to the Service, new services, and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Profile information is used by Fotobrag primarily to be presented back to and edited by you when you access Fotobrag.
Fotobrag will send you service-related announcements from time to time through the general operation of the Service. For instance, if a friend sends you a new message or you receive a request to collaborate on a friend's book, you may receive an email alerting you to that fact.
Children Under Age 13
The Children's Online Privacy Protection Act (COPPA) defines personal information as "individually identifiable information," including things like a first and last name, a street address, an email address, or a telephone number. COPPA places requirements on websites that collect such information from children. You must be at least 13 years or older to register and use the Service. If you are under the age of 13, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Service.
Children Between the Ages of 13 and 18
We recommend that minors over the age of 13 ask their parents before sending any information about themselves to anyone over the internet.
Sharing Your Information with Third Parties
We do not sell your Personal Information to third party marketers without your permission. We share your Personal Information with third parties only in limited circumstances. We comply with the CAN-SPAM Act of 2003 and intend to do business only with companies that also comply. We will not sell your Personal Information.
We may be required to disclose user information pursuant to lawful requests, such as subpoenas, law enforcement investigations, or court orders, or in compliance with applicable laws. We also may release information to protect our rights, property, or other interests, including those of our customers or other third parties or to prevent illegal activities or violations of the Fotobrag Terms of Service. This may include sharing information with other companies, lawyers, agents, or government agencies.
If the ownership of all or substantially all of the Fotobrag business, or individual business units owned by Atriolabs Limited were to change, information may be transferred to the new owner so the service can continue operations. We may also transfer information if we partner with another company.
Integrating Social Networking Services
Fotobrag takes precautions to protect our users' Personal Information; however, no precautions are 100% effective. As a result, Fotobrag does not guarantee that Personal Information you provide to us will remain secure. Your account information is located on a secured server behind a firewall. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of the Fotobrag Web Site, please contact us at [email protected]
Terms of Service, Notice and Revisions
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