Phototile Terms of Service
Here’s an overview of our terms. You can read our complete legal
information below, but these are a few of the most important bits, in
plain English.!
" •" You still own all the pictures you order from us. You keep
the copyright to all your images. We won’t sell them, share them, or use
them for anything other than getting your tiles printed and delivered to
you.$
$
" •" We need access to your photo gallery to show you your
pictures in the Phototile app. When you open our app for the first
time, it’ll ask you for permission to access your photos. We need that
so we can let you select, crop, and order your pics in our app. If you
want, you can turn that permission o in your settings later, or delete
the app to remove the permission.$
$
" •" If you want, we’ll delete all your pictures and personal
information from our systems. All you need to do is send us an email
to&service@phototileapp.com from the email address you entered when
you made your order.$
$
" •" You agree not to order any pictures you don’t own, or any
pornography or discriminatory content. There are lots of people
involved in the printing process, so we can’t print any images with
nudity or oensive content. We also can’t print pictures you don’t own
the copyright to.$
$
" •" If there’s a problem with your tiles, we’ll give you a refund
or replace them for you. If there are any issues, just send us an email
to&&service@phototileapp.com&or a chat through FB page. We’ll get it all
sorted out.!
Phototile subsidiary of SeeTek Ltd. (“Phototile or, "us", "our", "we")
allows users to upload images and/or pictures ("Images") to a mobile
application ("App") in order to print those Images on a wall tile
("Tile(s)"). These Terms of Service ("Terms") govern your access to and
use of the App and services available through the App ("Services"). Our
Privacy Notice, available at& https://phototileapp.com/privacy.htm
governs our collection, processing and transfer of any Personal
Information (as such term is defined in the Privacy Notice). "You"means
any adult user of the App or Services or any parent or guardian of any
minor whom you allow to use the App or the Services, and for whom
you will be held strictly responsible!
Please read these Terms carefully. By clicking on the button marked "I
agree" you signify your assent to these Terms. Changes may be made
to these Terms from time to time. If you do not agree to any of these
Terms, please do not click the button marked "I agree", and do not use
the App or Services.!
Use of the Services!
Use of the Services and access to the App is void where prohibited. By
using the Services, you represent and warrant that (a) all information
you submit is truthful and accurate; (b) you are 18&years of age or older,
have your parent's or guardian's permission to enter into these Terms,
or otherwise have the ability to form a binding contract; (d) your use of
the App or Services does not violate any applicable law or regulation or
any obligation you may have to a third party; (e) your use of the App
and Services shall be in compliance with all applicable laws and
regulations; (f) you are solely responsible for obtaining the consent of
the parent or guardian ("Parental Consent") before transferring us any
information, including images, of any children; and (g) you will not add
any Special Categories of Data (as such term is defined in& Regulation
2016/679 of the European Parliament and of the Council of 27 April
2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation) ("GDPR")& and
if you do add any Special Categories of Data, you hereby represent and
warrant that you have obtained explicit consent if and as required under
applicable law and that you shall be solely responsible and liable for
any such data, including in the event of any data breach by Phototile.!
You may use the App and the Services in accordance with and subject
to these Terms. Phototile may, at its sole discretion and at any time,
modify or discontinue, temporarily or permanently, any part of the App
or the Services without notice. Phototile shall not be liable to you or to
any third party for any modification, suspension, or discontinuance of
the Services.!
In order to use the App, you will be required to provide certain
information as may be requested by Phototile. !
You are fully and solely responsible for the security of your computer
system and/or mobile phone and/or other device and all of your activity
on the App. We do not police for and cannot guarantee that we will
learn from or prevent any inappropriate use of the App.!
Phototile may, for any reason, at its sole discretion and without notice,
discontinue or refuse to provide you with the App or Services. Grounds
for such refusal may include but are not limited to (i) violation of the
letter or spirit of these Terms, (ii) fraudulent, harassing or abusive
behavior, (iii) behavior that is illegal or harmful to other users, third
parties, or the business interests of Phototile, (iv) breach of your
representations and warranties herein or breach of any of the terms of
these Terms, or (vi) use of your chargeback rights with your credit card
company or denial or dispute of any pre-approval obtained by Phototile
from your credit card company.!
If we believe, at our sole discretion, that a violation of these Terms or
any illegal or inappropriate behavior has occurred, we may take any
other corrective action we deem appropriate. We reserve the right to
investigate suspected violations of these Terms or illegal and
inappropriate behavior on the App. We will fully cooperate with any law
enforcement investigation or court order requesting or directing us to
disclose the identity, behavior or (User) Content (as defined below) of
anyone believed to have violated these Terms or to have engaged in
illegal behavior in connection with the App and/or the Services.!
Any suspension, termination, or cancellation of Services shall not aect
your obligations to Phototile under these Terms (including but not
limited to ownership, indemnification, limitation of liability and payment
obligation), nor will it aect any other terms herein, which by their sense
and context are intended to survive such suspension, termination, or
cancellation.!
Content and User Content!
Certain types of content may be made available through the App or the
Services. "Content" as used in these Terms means, collectively, all
content on or made available on the App or through the Services,
including any images, photos, pictures, and any modifications or
derivatives of the foregoing.!
The App may allow you to upload certain content including but not
limited to Images and photos. All content uploaded by you is referred to
as "User Content." User Content may include Special Categories of
Data or data relating to children, including images of children
("Sensitive Data"). You are and shall remain at all times fully and solely
responsible for any User Content you upload to the App. !
YOU REPRESENT AND WARRANT THAT ANY SUCH USER CONTENT
COMPLIES WITH ALL APPLICABLE LAW, THAT YOU HAVE ALL
NECESSARY RIGHTS AND AUTHORITIES TO SUBMIT ANY SUCH
USER CONTENT THROUGH THE APP AND SERVICES, AND THAT NO
SUCH USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY
RIGHTS, OR MORAL RIGHTS. YOU FURTHER REPRESENT AND
WARRANT THAT YOU HAVE OBTAINED ALL RIGHTS AS REQUIRED
UNDER APPLICABLE LAW, TO PROVIDE PHOTOTILE WITH
SENSITIVE DATA FOR THE PURPOSE OF PROCESSING SUCH
SENSITIVE DATA IN ACCORDANCE WITH THESE TERMS AND OUR
PRIVACY NOTICE AND THAT YOU HAVE OBTAINED CONSENT, IN
ACCORDANCE WITH APPLICABLE LAW, FROM ANY DATA SUBJECT
OR PARENT OR GUARDIAN OF DATA SUBJECT, AS APPLICABLE,
WHOSE DATA, INCLUDING SENSITIVE DATA, IS SUBMITTED
THROUGH THE APP AND SERVICES. !
Phototile has no obligation to accept any request to print or maintain
any User Content. Moreover, Phototile reserves the right to remove and
permanently delete any User Content uploaded by you, without notice
and for any reason. !
WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT
L I M I TAT I O N A N Y U S E R C O N T E N T ) O R A N Y O P I N I O N ,
RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT,
AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN
CONNECTION WITH CONTENT.!
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF
ACTION, FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING
UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS
OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.!
Phototile may retain the User Content, including Images (including in
your account as your order history) as long as your account is valid and
has not been terminated by you or by us, for any reason. You may ask
us to delete any User Content, including Images, by sending us an
email, specifying your request, as detailed in our Privacy Notice. Any
Images uploaded by you to the Services and not elected by you to be
printed on Tiles will be automatically deleted after thirty (30) days from
the day you have uploaded the Image(s).!
User Content Restrictions!
Without limiting the foregoing, you& agree that you will not transmit,
submit&or upload any User Content or act in any way that: (a) restricts
or inhibits use of the App and/or Services; (b)&violates the legal rights of
others; (c)& infringes (or results in the infringement of) the intellectual
property, moral, publicity, privacy,&or other&rights of any third party; (d)&is
(or you reasonably believe or should reasonably believe to be) stolen,
illegal, counterfeit, fraudulent, pirated, unauthorized, or violent, or in
furtherance of any illegal, counterfeiting, fraudulent, pirating,
unauthorized, or violent activity, or that involves (or you reasonably
believe or should reasonably believe to involve) any stolen, illegal,
counterfeit, fraudulent, pirated, or unauthorized material; (e) does not
comply with all applicable laws, rules& and& regulations; (f) imposes an
unreasonably or disproportionately large load on our infrastructure; or
(g) posts, stores, transmits, oers, or solicits anything that contains the
following, or that you know contains links to the following or to
locations that in turn contain links to the following: (1) material that we
determine to be oensive (including material promoting or glorifying
hate, violence, bigotry, or any entity (past or present) principally
dedicated to such causes or items associated with such an entity, (2)
material that is racially or ethnically insensitive, or that is defamatory,
harassing or threatening, (3) pornography& or& obscene material,& and
anything depicting children in sexually suggestive situations whether or
not depicting actual children or may be harmful to a minor, (4) any virus,
worm,& Trojan& horse, or other harmful or disruptive component, or (5)
anything that encourages conduct that would be considered a criminal
oense, give rise to civil liability, violate any law or regulation or is
otherwise inappropriate&or oensive.!
Use Restrictions!
You may not do or attempt to do or facilitate a third party in doing any
of the following: (1) attempt to decipher, decompile, disassemble, or
reverse-engineer any of the software used to provide the Services or
the App without our prior written authorization, including framing or
mirroring any part of the App or attempt to reverse-engineer any of the
technology used within the Tiles; (2) circumvent, disable, or otherwise
interfere with security-related features of the Services or the App or
features that prevent or restrict use or copying of any content; (3) use
the App, Content, or Services in connection with any commercial
endeavors in any manner, except for the purposes specifically set forth
in these Terms; (4) use any robot, spider, site search or retrieval
application, or any other manual or automatic device or process to
retrieve, index, data-mine, or in any way reproduce or circumvent the
navigational structure or presentation of the App; or (5) use the App,
Content, or Services in any manner not permitted by these Terms.!
Intellectual Property!
Phototile, its aliates or its licensors, as the case may be, owns the
App and the Services, including all worldwide intellectual property
rights in the App, and the trademarks, service marks, and logos
contained therein registered and unregistered. Except as expressly
permitted herein, you may not copy, further develop, reproduce,
republish, modify, alter download, post, broadcast, transmit or
otherwise use the App, or the Services. You will not remove, alter or
conceal any copyright, trademark, service mark or other proprietary
rights notices incorporated in the App or Services, if any. All trademarks
are trademarks or registered trademarks of their respective owners.
Nothing in these& Terms& grants you any right to use any trademark,
service mark, logo, or trade name of Phototile or any third party.!
You own the Images you upload to the App and/or Services and all
intellectual property rights related thereto. Phototile will use the Images
only for the purposes of providing the Services. For the purpose of
receiving the Services, and as part thereof the Tile(s), you are giving
Phototile the right to use the Images, per the below:!
By submitting or uploading any User Content and/or Images, you grant
Phototile and its successors a worldwide, limited, non-exclusive,
royalty-free, perpetual, sub-licensable and transferable license to use,
copy, and print such User Content and/or Images on the Tile(s).!
Copyright!
The policy of Phototile is not to infringe upon or violate the intellectual
property rights or other rights of any third party, and Phototile will refuse
to use and remove any User Content in connection with the App that
infringes the rights of any third party. Under the Digital Millennium
Copyright Act of 1998 (the "DMCA"), Phototile will remove any Content
(including without limitation any User Content) if properly notified of that
such material infringes third party rights, and may do so at its sole
discretion, without prior notice to users at any time.& The policy of
Phototile is to terminate the accounts of repeat infringers in appropriate
circumstances.!
You are in the best position to judge whether User Content is in
violation of intellectual property or personal rights of any third-
party.& You accept full responsibility for avoiding infringement of the
intellectual property or personal rights of others in connection with User
Content.&Phototile will remove any Content (including without limitation
any User Content) if properly notified of that such material infringes
third party rights, and may do so at its sole discretion, without prior
notice to users at any time.!
If you believe that something appearing on the App infringes your
copyright, you may send us a notice requesting that it be removed, or
access to it blocked. If you believe that such a notice has been wrongly
filed against you, the&DMCA&lets you send us a counter-notice. Notices
and counter-notices must meet the DMCAs requirements. We suggest
that you consult your legal advisor before filing a notice or counter-
notice. Be aware that there can be substantial penalties for false claims.
Se n d no t ices a n d c ount e r- not i c es t o us by co n tact i ng
service@phototileapp.com.!
Fees and Payment!
In connection with your purchase of a Tile through the Services, you will
be asked to provide customary billing information such as name, billing
address and credit card information either to Phototile or its third-party
payment processor(s). You agree to pay Phototile the Fee as set forth in
the App during the purchase process for any confirmed transactions
made in connection with your account in accordance with these Terms
by one of the methods described on the App. You hereby authorize the
collection of such amounts by charging the credit card provided, either
directly by Phototile or indirectly, via a third-party online payment
processor or by one of the payment methods described on the App. If
you are directed to a third-party payment processor(s), you may be
subject to terms and conditions governing use of that third party's
service and that third party's personal information collection practices.
Please review such terms and conditions and privacy policy before
using the Services.!
Where applicable, in certain locations, taxes may also be charged.&It is
the responsibility of the user to determine whether user is required to
collect any applicable taxes, and to clarify such information when
purchasing the Tile(s). Phototile does not accept any responsibility for
the calculation or collection of any applicable taxes. Except as
expressly provided below, fees are non-refundable.!
Refunds!
If you are not completely satisfied with your order due to a mistake we
have made or because your Tile(s) have arrived damaged, you may
request a refund by emailing us at& service@phototileapp.com& and
sending us a picture of the damaged Tile(s) and the boxes. Subject to
applicable law, we will not refund any amounts if your dissatisfaction
with the Tile(s) is due to a mistake on your part or simply because you
have changed your mind.!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Third Party Applications and Services!
Portions of the App and/or Services may involve linking to or using web
sites belonging to third parties. The App may also provide you with links
to access the sites of third party vendors including, without limitation,
for the purpose of reviewing or using their services. We have no control
over third-party sites and/or mobile applications, and all use of third-
party sites and/or mobile applications and services is at your own risk.
Additionally, Phototile cannot accept responsibility for any payments
processed or submitted through such third party sites and/or mobile
applications, or for the privacy policies of any such sites. Phototile is
not responsible for content or services available by means of such sites
and/or mobile applications. Phototile does not endorse any products or
services oered by third parties and we urge our users to exercise
caution in using third-party sites.!
Disclaimers and Disclaimer of Warranty!
Your use of the App, Services and Tiles(s) is at your sole discretion and
risk. The App, content thereof (including User Content)Services and
Tiles are provided on an "AS IS" and "AS AVAILABLE" basis without
warranties of any kind. While we make reasonable eorts to print the
Images on the Tile(s) as similar to the respective Image as provided by
you through the App as possible, we do not make any warranties or
representations in respect thereof. We do not represent or warrant that
Tile(s) will be of good quality or useful for your needs.!
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, RELATING TO: (A) THE APP,
CONTENT (INCLUDING USER CONTENT) SERVICES AND TILES,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING
OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY,
RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP AND
SERVICES; OR (II) THAT THE APP AND SERVICES WILL BE ERROR-
FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III)
REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY,
CURRENCY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION PROVIDED BY THE APP AND SERVICES; (B)
ATTACHING, STICKING AND/OR RE-STICKING THE TILES.!
We take no responsibility for the quality of the Tile(s) or the use thereof
by you or any other third party, nor do we take any responsibility for the
transport of the Tile(s) and/or the state in which the Tile(s) will arrive at
the address provided by you during the registration process and/or any
damage that may occur if you choose to attach, stick and/or re-stick
the Tile(s) on any surface and/or any other (physical) damage of any
kind caused due to the Tiles, the attachment or detachment thereof by
you or anyone else on or from any surfaceNo advice or information,
whether oral or written, obtained by you from us, shall create any
warranty not expressly stated in these Terms. If you choose to rely on
such information, you do so solely at your own risk. Some states or
jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above exclusions may not apply to you.
Check your local laws for any restrictions or limitations regarding the
exclusion of implied warranties.!
Limitation of Liability!
We assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration
of, any Content or Services, quality, attachment or detachment of the
Tile(s) and the quality of the printed Image on the Tile(s). We are 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 any email due to technical
problems or trac congestion on the Internet or on any of the App or
Services or combination thereof, including any injury or damage to you
or to any person's cellular phone or computer related to or resulting
from participation or downloading materials and/or uploading of the
Image(s) in connection with the App or Services. Under no
circumstances shall we be responsible for any loss or damage,
including personal injury or death, resulting from use of the App or
Services, from any Content posted on or through the App or Services,
or from the conduct of any users of the App or Services, whether online
or oine.!
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS,
EMPLOYEES, ASSIGNEES OR AGENTS BE LIABLE TO YOU FOR ANY
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OF THE APP ,SERVICES AND/OR TILE(S), INCLUDING BUT NOT
LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE TILES
PROVIDED AS PART OF OR THROUGH THE APP OR THE SERVICES,
WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR
MAXIMUM CUMULATIVE LIABILITY TO YOU UNDER ANY CAUSE(S)
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS
IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR SERIES OF
CLAIMS.!
Indemnification!
You agree to indemnify, defend, and hold harmless Phototile and each
of its employees, directors, ocers, subcontractors and agents, against
any and all claims, damages, or costs or expenses (including court
costs and attorneys’ fees) that arise directly or indirectly from: (a)
breach of these& Terms& by you or anyone using your computer, mobile
device or password (whether authorized or unauthorized); (b) any claim,
loss or damage experienced from your use or attempted use of the App
or the Services, including any Image uploaded to the App or Services;
(c) your violation of any law or regulation or any of your obligations,
representations, or warranties hereunder; (d) your infringement of any
right of any third party; and (e) any other matter for which you are
responsible hereunder or under applicable law; (e) your infringement of
a third party's right.!
Miscellaneous!
These& Terms& shall be governed by the The laws of California, U.S.A.,
excluding California’s conflict of laws rules, will apply to any disputes
arising out of or relating to these terms or the Services. All claims
arising out of or relating to these terms or the Services will be litigated
exclusively in the federal or state courts of Santa Clara County,
California, USA, and you and Phototile consent to personal jurisdiction
in those courts.!
For information about how to contact Phototile, please email to
service@phototileapp.com. Phototile brand is created and managed by
Seetek Limited. We located in WEST WING 2/F 822 LAI CHI KOK RD,
CHEUNG SHA WAN, KL, Hong Kong.!
. Your conduct may also be subject to other laws. In any action to
enforce these Terms, the prevailing party will be entitled to costs and
attorneys’ fees. Any cause of action against Phototile must be brought
within one (1) year of the date such cause of action arose. In the event
that any provision of these& Terms& is held to be unenforceable, such
provision shall be replaced with an enforceable provision which most
closely achieves the eect of the original provision, and the remaining
terms of these Terms& shall remain in full force and eect. Nothing in
these Terms creates any agency, employment, joint venture, or
partnership relationship between you and Phototile or enables you to
act on behalf of Phototile. Except as may be expressly stated in
these& Terms, these& Terms& constitute the entire agreement between us
and you pertaining to the subject matter hereof, and any and all other
agreements existing between us relating thereto are hereby
canceled.& We may assign and/or transfer our rights and obligations
hereunder to any third party without prior notice. You shall not assign
and/or transfer any of your rights or obligations hereunder, and any
assignment in violation of the foregoing shall be void. No waiver of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If we are required to provide
notice to you hereunder, we may provide such notice to the contact
details you provided upon registration.