SNAPFISH TERMS AND CONDITIONS

Last Updated: June 4, 2018

Welcome to Snapfish! Snapfish 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 Snapfish 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 Snapfish. 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 Snapfish 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 Snapfish account if you are at least 13 years of age and submit certain requested information to Snapfish, including your name and correct email address. As a customer, you must provide Snapfish 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 notify Snapfish of any known or suspected unauthorized use of your account. You will be able to use your Snapfish account across all Snapfish websites [and TruPrint/Boots websites].

For French residents only, if you provide your phone number, you can oppose at any time to be contacted by phone for direct marketing purposes, by registering free of charge on www.bloctel.gouv.fr.

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 Snapfish third-party advertisers do not count towards Active Participation. If you cease Active Participation for any reason, Snapfish 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 Snapfish decides to discontinue providing the Services in your country, your account will be automatically terminated upon discontinuance of the Services. Snapfish will provide at least 30 (thirty) days’ notice prior to such site closure. Any unused free product credits will expire without separate notice upon Snapfish site closure.

Back to top

II. Digital Image Storage

Snapfish 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, Snapfish 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. Snapfish will not be liable to you for the loss of any Content.

Back to top

III. User Conduct

Snapfish 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 Snapfish does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Snapfish 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.

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

Back to top

IV. Third Party Software

As a convenience to customers, Snapfish 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. Snapfish 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.

Back to top

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.

Back to top

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.

Back to top

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 ("Snapfish Content"). The Snapfish Content is subject to copyrights owned by Snapfish and other individuals or entities and is protected by United States and international copyright laws.

The names, trademarks, service marks, and logos of Snapfish belong exclusively to Snapfish 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 Snapfish or any third-party.

Back to top

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 Snapfish 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 Snapfish 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 Snapfish.

Content License. In order for Snapfish 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 Snapfish 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 Snapfish 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 Snapfish 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 Snapfish.

The Services are protected by U.S. 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, Snapfish has a process in place to respond to your concerns. Please contact Customer Service.

Back to top

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, SNAPFISH WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, SNAPFISH'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR SNAPFISH 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, SNAPFISH AND SNAPFISH 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. SNAPFISH 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. SNAPFISH 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.

For German residents only, if the delivered goods are defective, you are entitled, within the scope of legal provisions, to request rectification, withdraw from the contract, or reduce the price.

For French residents only, certain warranties may automatically arise, as described below:

Snapfish provides the legal warranty of conformity as set forth in articles L. 217-4 et seq. of the French Consumer Code and the legal warranty against latent defects as set forth in articles 1641 to 1648 and 2232 of the French Civil Code.

As regards the warranty of conformity, you have a period of two years from the delivery of the product within which to act. You can choose between the repair or replacement of the product, provided that your choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect, pursuant to article L. 217-9 of the French Consumer Code. You are not required to provide proof of the existence of a lack of conformity during the 24 months following the delivery of the product. This legal warranty of conformity is applicable irrespective of the commercial guarantee which may have been granted. Please note that Snapfish does not grant any commercial guarantee. In addition, you may implement the warranty against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code. In this case, you can elect between the sale being canceled or the sales price being reduced pursuant to article 1644 of the French Civil Code.

 

Back to top

X. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, SNAPFISH 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 SNAPFISH 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 Snapfish, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Snapfish 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 SNAPFISH IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY SNAPFISH. 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.

Back to top

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 Snapfish 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. Snapfish 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, Snapfish 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 Snapfish.

All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. Where applicable, all prices are inclusive of value added tax (VAT) or goods and services tax (GST), at the appropriate rate. Snapfish reserves the right to change the prices published on the Services at any time, however, orders already submitted to us shall not be affected by such changes.

Please note that merchandise may include logos or brand elements that are owned by Snapfish. We seek to ensure that these Snapfish 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.

Back to top

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 https://virginmedia.snapfish.co.uk/help 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 Snapfish 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.

Back to top

XIV. Termination

Snapfish 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 Snapfish elsewhere within the Services, (ii) conduct Snapfish believes is harmful to other Snapfish users or the business of Snapfish, 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.

Back to top

XV. Choice of Law

Except where and to the extent prohibited by law, by using the Services, you and Snapfish 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 Snapfish’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: Snapfish, 100 Montgomery Street, 10th Floor, San Francisco, CA USA 94104

Both you and Snapfish 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. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the San Francisco, California area, before one arbitrator to be mutually agreed upon by both parties.

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 Snapfish’s intellectual property.

For German residents only, the law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Back to top

XVI. Extrajudicial Resolution Pursuant to Regulation (EU) no. 524/2013

For French and Italian residents only, we encourage you to contact us first at privacy@snapfish.com in order to find any amicable solution. If no amicable solution is found after you have contacted us, please note that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.

For German residents only, we inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.

Back to top

XVII. Modification of Terms

Snapfish 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 Snapfish to these Terms and given an opportunity to accept the new Terms.

XVIII. Retention of the Agreement

For French residents only, pursuant to to the provisions of Article L. 213-1 of the French Consumer Code, we will store and archive, for a period of ten (10) years, all agreements entered into with you for a value of EUR 120 or more and you will be able to access them at any time.

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

XIX. Entire Agreement

These Terms constitute the entire agreement between you and Snapfish 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 Snapfish Affiliate services, third-party Content, or third-party software.

The failure of Snapfish 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.

Back to top

XX. Contact Us

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

Snapfish
100 Montgomery Street, 10th Floor
San Francisco, CA USA 94104

Back to top