Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the starphoto.hk website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with StarPhoto and set up an Account). The term “User” refers to a Visitor or a Member.
BY USING THE WEBSITE OR APP AND THE SERVICES OFFERED ON THE WEBSITE AND APP, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE StarPhoto. PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
1. Eligibility.
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
2. Term.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My Star Photo Production Limted Account”. Star Photo Production Limted MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 21 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Star Photo Production Limted profile information from our live databases as well as any Content that you uploaded to the Star Photo Production Limted Website using such Account. Star Photo Production Limted will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees.
You acknowledge that Star Photo Production Limted reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Star Photo Production Limted on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Star Photo Production Limted as set forth on the Website.
Backups
PayPal is the world's trusted way to pay and get paid online We accept Paypal payments, Visa, MasterCard, Discover and American Express via Paypal payment system. You can safely enter your entire credit card number via our secure server, which encrypts all submitted information. The advantages:
Ease of payment via Credit Card
Ability to pay in your local currency without paying any bank fees
You pay no fees to PayPal
You have a record of your payment For more information please see PayPal site.
4.2 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, sales, use or value-added taxes, unless you provide Star Photo Production Limted with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Photo album and Photobook or other product to your customers) at the rates in effect when the charges were incurred. Star Photo Production Limted may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Photo albums and Photobooks or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Photo albums and Photobooks or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Star Photo Production Limted has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Photo albums and Photobooks or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Star Photo Production Limted Unit 1105, 11/F Yuen shing indor via Star Photo Production Limted Order Support. If Star Photo Production Limted does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Star Photo Production Limted or its agents.
4.4 Returns.
All sales of Photo albums and Photobooks and other products are subject to Star Photo Production Limted’s then-current return policies, as posted on the Website.
5. Order acceptance policy.
Your receipt of an electronic or other form of order confirmation does not signify Star Photo Production Limted’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Star Photo Production Limted reserves the right at any time after receipt of your order to accept or decline your order for any reason. Star Photo Production Limted further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Star Photo Production Limted upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Title and Risk of Loss.
All sales of Photo albums and Photobooks and other products are made Delivered at Place (DAP) [Incoterms 2010]. Your designated point of delivery, and title and risk of loss to each shipment of the Photo albums and Photobooks and other products shall pass to you when Star Photo Production Limted makes such delivery at the named place of destination.
7. Password.
When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Star Photo Production Limted immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. Your Photo album and Photobook and other Products Content.
8.1 Definitions.
“Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Photo album and Photobook Content” includes Content that you include in the Photo album and Photobook, submit to Star Photo Production Limted for Photo album and Photobook and print services, or that you contribute to the Photo albums and Photobooks of other Members. Star Photo Production Limted HAS NO OWNERSHIP OF ANY OF YOUR PHOTO ALBUM AND PHOTOBOOK CONTENT.
8.2 Ownership of Your Photo album and Photobook and other Products Content.
You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Photo album and Photobook Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Photo album and Photobook, and (ii) your Photo album and Photobook Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 Submission of Your Photo album and Photobook and other Products Content.
You may use the Star Photo Production Limted software to submit your Photo album and Photobook Content to Star Photo Production Limted for publication or prepare and submit your Star Photo Production Limted Content to Star Photo Production Limted through Star Photo Production Limted’s on-line service.
8.4 License.
In order for Star Photo Production Limted to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Photo album and Photobook Content:
8.4.1 License to print your Photo album and Photobook and other Products.
You hereby grant to Star Photo Production Limted a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Photo album and Photobook Content for the purpose of printing the Photo album and Photobook that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Photo albums and Photobooks). You agree that Star Photo Production Limted reserves the right to maintain the electronic files for any Photo album(s) and Photobook(s) to fulfill any further orders which may be placed for such Photo album(s) and Photobooks(s) and to maintain an archival copy of the printed Photo album and Photobook and other Products.
8.4.2 License to use your Photo album and Photobook Content for optional Star Photo Production Limted features.
In the event you decide to use any optional feature that Star Photo Production Limted may offer, such as allowing others to search for and see an electronic preview of your Photo album(s) and Photobook(s) or applications to use the Services in connection with other services and online communities, you hereby grant to Star Photo Production Limted a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Photo album(s) and Photobook(s), any Photo albums and Photobook Content therein, and any other data and information you provide in connection with the optional feature, as required for Star Photo Production Limted to provide such optional feature.
9. Star Photo Production Limted Content.
The Services contain Content of Star Photo Production Limted and its licensors (“Star Photo Production Limted Content”). Star Photo Production Limted and its licensors (including Users) own and retain all proprietary rights in the Star Photo Production Limted Content and the Services. Star Photo Production Limted hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the Star Photo Production Limted Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Star Photo Production Limted Content.
10. Other Content.
You hereby grant to Star Photo Production Limted an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, other than your Photo album and Photobook Content, that you upload, post, email, transmit or otherwise make available on the Website (“Other Content”).
11. Your Content and Activity.
You are solely responsible for any and all Photo album and Photobook Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Photo albums and Photobooks submitted by you for print services, and for your interactions with other Users. You agree that Star Photo Production Limted retains the right to create limits on Star Photo Production Limted's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content.
YOU MAY NOT INCLUDE “PUBLISHED BY Star Photo Production Limted,” “Star Photo Production Limted PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT Star Photo Production Limted IS THE PUBLISHER OF THE PHOTO ALBUMS AND PHOTOBOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Photo album and Photobook Content or Other Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of Star Photo Production Limted; or (xii) otherwise violates this Agreement or creates liability for Star Photo Production Limted. Star Photo Production Limted RESERVES THE RIGHT TO REFUSE TO PRINT ANY PHOTO ALBUM AND PHOTOBOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold Star Photo Production Limted and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile.
Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
11.3 Member Interaction.
You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 No Disruption.
You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any Star Photo Production Limted page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
11.5 Miscellaneous.
You will not attempt to impersonate another User or person, including any employee of Star Photo Production Limted. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.6 Enforcement by Star Photo Production Limted.
Star Photo Production Limted has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Star Photo Production Limted violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for Star Photo Production Limted, its suppliers, service providers, partner companies, or any User. Star Photo Production Limted reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
12. Copyright Policy.
It is Star Photo Production Limted’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Star Photo Production Limted by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Photo album and Photobook in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Star Photo Production Limted’s Copyright Agent for notice of claims of copyright infringement is as follows:
Star Photo Production Limted
Unit 1105, 11/F, Yee Kuk West Street,
Lai Chi Kok, Kowloon
phone: +852 24056832
13. Third Parties and Other Users.
13.1 Third Party Content.
Content from other Users, advertisers, and other third parties is made available to you through the Services. Because Star Photo Production Limted does not control such Content, you agree that Star Photo Production Limted is not responsible for any such Content, including advertising and information about third party products or services. Because Star Photo Production Limted does not have control over such Content, Star Photo Production Limted makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and Star Photo Production Limted assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
13.2 Responsibility.
Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the Photo albums and Photobooks of other Members and to receive contributions from other Members to your own Photo albums and Photobooks (please see also the next section). You agree that Star Photo Production Limted will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), Star Photo Production Limted is under no obligation to become involved; however, Star Photo Production Limted reserves the right to monitor disputes between you and other Users.
13.3 Contribution.
The Services allow you to contribute Content to the books of other Members and to receive such contributions for your own Photo albums and Photobooks. Please be aware that only the Member who invites other Members to contribute Content (the “Invitor”) has control over if and how any Content that is contributed by such invited Members (“Contributor”) is used in connection with the Services and any Photo albums and Photobooks that may be created using the Services. Star Photo Production Limted only provides a platform for Invitors and Contributors to contribute and receive Content for a Photo album and Photobook project and it is solely up to the Invitors and Contributors to agree on the use of such Content and the use and distribution of any Photo album and Photobook that may contain such Content.
13.4 Third-Party Links.
The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other Websites or locations may also be posted by other Users within the Star Photo Production Limted community. Star Photo Production Limted has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.
14. Limited Warranty.
14.1 Limited Warranty for Star Photo Production Limted.
Star Photo Production Limted warrants that, subject to minor differences across products and printing partners as described in Star Photo Production Limted’s Return Policy, Photo albums and Photobooks will be free of any defects in materials and workmanship. Star Photo Production Limted will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Photo albums and Photobooks which you report to Star Photo Production Limted’s Order Support within fourteen (14) days of your receipt thereof.
14.2 Exceptions to Warranty.
Star Photo Production Limted does not proof, edit or change any of the Content in the Photo albums and Photobooks that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Photo album and Photobook. YOUR PHOTO ALBUM AND PHOTOBOOK CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE. Therefore, you agree that you will not upload Photo album and Photobook Content unless it has been fully proofed and you are satisfied that it is ready to be published. Star Photo Production Limted is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. Star Photo Production Limted assumes 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 User or User communication. Star Photo Production Limted is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Star Photo Production Limted be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
14.3 Disclaimers.
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12.1 ABOVE, (B) Star Photo Production Limted EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT Star Photo Production Limted’s CUSTOMER SUPPORT StarPhoto Procution Limited Tel: 24056832
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Release.
You hereby release Star Photo Production Limted, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
16. Indemnity.
You agree to defend, indemnify, and hold Star Photo Production Limted, its subsidiaries, affiliates, officers, agents, and other 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 Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
17. Electronic communications.
The communications between you and Star Photo Production Limted use electronic means, whether you visit the Website or otherwise use the Service or send Star Photo Production Limted e-mails, or whether Star Photo Production Limted posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Star Photo Production Limted in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Star Photo Production Limted provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
18. Poland Export Controls.
Content and software available in connection with the Services (the “Software”) is further subject to Poland export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of Poland export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.
19. The law of the Poland is applicable, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Any compelling provisions of the country in which the User usually resides remain unaffected. (2) If the User is a commercial party, a legal person under public law or a special fund under public law, or does not have a general legal venue within Poland or, after the formation of the contract, moves his/her place of residence to a location outside of Poland or if his/her place of residence is not known at the time that a claim is filed, the place of performance and the legal venue for any and all disputes arising from the contract is the place where the Provider is domiciled.
20. Relationship of Parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Photo album and Photobook Content, that would reasonably contradict anything in this section.
21. Notices.
Star Photo Production Limted may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with Star Photo Production Limted, or by written communication sent by first class mail or pre-paid post to your address on record with Star Photo Production Limted. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Star Photo Production Limted, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by Star Photo Production Limted) at any time by any of the following: letter sent by confirmed letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Star Photo Production Limted at the following address: StarPhoto Unit 1105,11/F,Yuen Shing Ind Building No 1033 Yee Kuk West Street, Lai Chi Kok Kowloon
22. Force Majeure.
A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
23. Other.
This Agreement is accepted upon your use of the Website or any of the Services or when you register to become a Member. This Agreement, including the Software End User License Agreement and the Privacy Policy which are incorporated by reference, constitutes the final, complete and exclusive agreement between you and Star Photo Production Limted regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Star Photo Production Limted to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement in (in ASCII text format) by contacting us via Star Photo Production Limted’s e-mail.
24. Copyright/Trademark Information.
Copyright © 2008–2022, Star Photo Production Limted. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website or in connection with the Services are the property of Star Photo Production Limted or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.