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Terms and Conditions

What you need to know before you use the service.

Welcome to Photo kuku! Photo kuku provides customers a fun, safe, and easy way to process, print, digitize, store, share and otherwise use (collectively "Process") photographs. However, before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on our website or mobile application (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time in accordance with section XVII of these Terms, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By using the Services, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Photo kuku that you will use the Services only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.

Please read and carefully review these Terms and Conditions, as they form a binding agreement between you and Photo kuku. In particular, please note the arbitration provision set forth below, which, except and to the extent prohibited by law, may require you to arbitrate any claims you may have against Photo kuku on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

 

I. Your Account

You can create a Photo kuku account if you are at least 13 years of age and submit certain requested information to Photo kuku, including your name and correct phone number,email address. As a customer, you must provide Photo kuku with true, accurate, current, and complete information about yourself when such information is requested (whether by questionnaires, surveys, registration forms, or other informational requests). You are responsible for preserving the confidentiality of your account and password and for restricting access to your account, and are responsible for all activities that occur under your account or password.You will be able to use your Photo kuku account across all Photo kuku websites [and mobile app websites].

 

We require you to maintain "Active Participation" in the Services. Active Participation is defined as purchasing or ordering photo or video merchandise, including reprints and enlargements, through the Services at least once every 365 days. Purchases through Photo kuku third-party advertisers do not count towards Active Participation. If you cease Active Participation for any reason, Photo kuku may terminate your account (or any part thereof) and your use of the Services, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Services.

In case Photo kuku decides to discontinue providing the Services in your area, your account will be automatically terminated upon discontinuance of the Services. Photo kuku will provide at least 30 (thirty) days’ notice prior to such site closure. Any unused free product credits will expire without separate notice upon Photo kuku site closure.

II. Digital Image Storage

Photo kuku offers free, unlimited storage of online photos to customers who maintain Active Participation. Video storage may also be provided depending on the services you subscribe to. When you upload photo or video Content to the Services, the original resolution and format of your Content may be modified depending on the upload speed you choose. Further, if you upload photo or video Content with very high resolution or bit-rate, Photo kuku may in its discretion down-sample the Content regardless of the upload speed you choose.
You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Services as the only repository or single source for your Content. Photo kuku will not be liable to you for the loss of any Content.

III. User Conduct

Photo kuku is committed to ensuring that its Services remain a fun and safe place to Process photographs. To that end, the Services allow customers to be creative with their Content. Users of the Services, whether they have created an account or not, may not use the Services to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that:

  • Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
  • Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
  • Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
  • Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
  • Advocates illegal activity;
  • Violates any law or regulation;
  • Harms anyone, including minors; or,
  • Provides a link to any of the above.

Any Content submitted to the Services may be subject to examination from time to time. Although Photo kuku does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Photo kuku may delete, move, and edit Content for any reason, at any time, without notice.

All Content (whether private or public) that is Processed on the Services is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.

Photo kuku in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.

IV. Third Party Software

As a convenience to customers, Photo kuku may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party provider. The agreement to use such software will be solely between you and the third-party provider. Photo kuku makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.

V. Links to Other Sites

The Services may contain links to other websites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

VI. Privacy Notice

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.

VII. Copyright & Trademark Ownership

The Services contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Photo kuku Content"). The Photo kuku Content is subject to copyrights owned by Photo kuku and other individuals or entities and is protected by United States and international copyright laws.

The names, trademarks, service marks, and logos of Photo kuku belong exclusively to Photo kuku and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Photo kuku or any third-party.

VIII. Your Intellectual Property Rights & License Grant

When you use the Services, you become a participant in an online community of people who enjoy videos and photography.

Ownership. You will retain ownership of your Content and any rights granted to Photo kuku herein are granted as a license. Note, however, that while you retain ownership of your Content, any material, tools, features, template or layout provided to you by Photo kuku that you use to arrange or organize such Content are not proprietary to you, and the rights to such template or layout will remain with Photo kuku.

Content License. In order for Photo kuku to provide our services to you and your invitees (defined as anyone who is invited to the Services to see an album), as a condition to account creation you hereby grant to Photo kuku and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Services to you or your invitees, (b) showing you how your Content would appear in a product or service offered by Photo kuku or one of its agents or (c) improving the Services (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a mug or calendar that includes one of your images, in case you may want to purchase such an item. Likewise, we may send you images that you made at various points on your account to remind you of your past memories.

Warranty. As a condition to account creation, you represent and warrant to Photo kuku that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other property right of any third-party.

Personal Rights. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to Photo kuku.

The Services are protected by Uganda. and international copyright laws and by other applicable national laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Services.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Photo kuku has a process in place to respond to your concerns. Please contact Customer Service.

IX. Limited Warranty

SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, Photo kuku WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, Photo kuku'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR Photo kuku TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (ii) REPRINT THE PHOTOS AT NO EXTRA COST.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Photo kuku AND Photo kuku AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Photo kuku MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS. Photo kuku MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICES OR THAT ARE ADVERTISED ON THE SERVICES, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, UNLESS SUCH DAMAGE IS IMPUTABLE TO US. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

 

 

X. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, Photo kuku WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF Photo kuku HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Photo kuku, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Photo kuku assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH Photo kuku IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY Photo kuku. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE OR SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.

 

XI. Order and Shipping Information

To place an order, you may click “Make this product” on the product page. You may then select the photo(s) you want for the product and click “Add to order.” You will be able to specify the quantity of photos and then you may click “Add to cart.” Once you are in your shopping cart, you will be able to review/edit your products, and/or remove your products before placing your order.

Your order constitutes an obligation to pay, subject to acceptance by Photo kuku at our sole discretion. Your order is accepted by us when we dispatch the goods to you. An order confirmation does not signify an acceptance of your order, but is merely to confirm receipt of your order. We will send you a dispatch confirmation. Photo kuku reserves the right to cancel any order prior to delivery at our discretion, whether or not you have already been charged, in the event of any material errors in connection with your order or the price or other conditions published on the Services relevant to your order, or if any further verification of your credit conditions or records so warrants. If you have already been charged and your order is cancelled pursuant to this section, Photo kuku will automatically refund you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. Delivery will however occur at the latest within thirty (30) days from the order’s acceptance by Photo kuku.

Please note that merchandise may include logos or brand elements that are owned by Photo kuku. We seek to ensure that these Photo kuku brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your product, please contact us.

 

XII. No Right to Withdraw

There is no right to withdraw as all goods and services on our websites are made to your specification. However, if goods or services are faulty, the terms under Notice of Defects apply.

XIII. Notice of Defects

If you are a consumer under applicable laws, the following applies without prejudice to your rights under the legal warranties as described above:

(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.photokuku.com/contact.php as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Photo kuku within a reasonable time after the products were expected to arrive.

(2) Please specify the delivery note/invoice number when reporting defects.

(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.

(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.

 

XIV. Termination

Photo kuku may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any legitimate reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Photo kuku elsewhere within the Services, (ii) conduct Photo kuku believes is harmful to other Photo kuku users or the business of Photo kuku, or (iii) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

 

XV. Choice of Law

Except where and to the extent prohibited by law, by using the Services, you and Photo kuku agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them, other than disputes related to or involving Photo kuku’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.

Notice shall be sent to: Photo kuku, City Center Complex Suite 19, Second Floor

Both you and Photo kuku agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable, with the exception of disputes related to or involving Photo kuku’s intellectual property.

 

XVI. Extrajudicial Resolution Pursuant to Regulation (EU) no. 524/2013
XVII. Modification of Terms

Photo kuku may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. You will be notified of any amendments or modifications made by Photo kuku to these Terms and given an opportunity to accept the new Terms.

XVIII. Retention of the Agreement

This right of access may be exercised at any time by contacting.

XIX. Entire Agreement

These Terms constitute the entire agreement between you and Photo kuku governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Photo kuku Affiliate services, third-party Content, or third-party software.

The failure of Photo kuku to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

XX. Contact Us

If you have any questions or concerns regarding the Services or these Terms, please contact Customer Support or mail us at:

Photo kuku
City Center Complex Suite 19, Second Floor

 

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