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Terms and Conditions

 

terms and conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Proyecto Vive International Inc. ("Proyecto Vive International Inc.", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the fotovive.com website and any of its products or services (collectively, "Website" or "Services").

You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. 

Services

Fotovive App for users that have purchased "Baby Footprint &Handprint Photo Frame Kit" on Amazon.com

You can download our FOTOVIVE Easy Photo Editor App following the link provided in our website. Your login information is needed if you want to save your edited photos in your account.

We crop your images and adjust its resolution in order to adjust them to the photo size of your frame and the printing requirements. Your photos are stored only in your device. We keep a log of the users that used our application.

Digital downloads or printing services for users that have purchased "Baby First Year Album" on Amazon.com

Our Website provides you the services to redeem the digital workbook and the printed photos that are part of a purchase you made in Amazon.com. Your purchasing information is needed to confirm your order and provide you access to download the digital workbook. 

The printed photos service involves the use of third party services to transfer your digital files to us and print them. We may crop your images and adjust its resolution in order to adjust them to the photo size of your purchased album and the printing requirements. You have a maximum of 12 months since your purchase in Amazon.com to redeem your printed photos.

File ownership, permissions and responsibility

Regarding Fotovive App for users that have purchased "Baby Footprint &Handprint Photo Frame Kit" on Amazon.com

We do not claim any ownership of the contents of the files you upload to our App. You are fully and solely responsible and accountable for the files you upload. By using our service, you guarantee that you have, for each file, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Service.You must ensure that your files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

We are not a storage provider for your files. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your files. You should not use the Service as a repository or source for your Content.

Regarding digital downloads or printing services for users that have purchased "Baby First Year Album" on Amazon.com

We do not claim any ownership of the contents of the files you transfer to us. You are fully and solely responsible and accountable for the files you transfer to us. By using our service, you guarantee that you have, for each file, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Service.You must ensure that your files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

After you have transferred your files to us following the instructions provided in our Website, you cannot access them or replace them. If you have any issues in your transfer, you can contact us to hello@fotovive.com.

We are not a storage provider for your files. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your files. You should not use the Service as a repository or source for your Content.

We keep your files in our repository for a period of 30 days after the delivery of your printed photos. 

Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please refer to our Privacy Policy.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

The third-party services you access from our Website to redeem photos, download the Fotovive App or any other purposes are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Proyecto Vive International Inc. with respect to such other services. Proyecto Vive International Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Proyecto Vive International Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Regarding the transfer of your files for printing or the photos you upload to Fotovive App, you agree not to transfer to us any files that: 

  • Feature child pornography;
  • Are obscene, defamatory, libelous, slanderous, profane, indecent or unlawful,
  • Promote racism, violence or hatred;
  • Are factually inaccurate, false, misleading or deceptive;
  • You don’t have the right to copy and/or transfer;
  • Infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
  • Infringe on or violate any applicable law or regulation;
  • Constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
  • Facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.

Intellectual property rights

This Agreement does not transfer from Proyecto Vive International Inc. to you any Proyecto Vive International Inc. or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Proyecto Vive International Inc. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Proyecto Vive International Inc. or Proyecto Vive International Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Proyecto Vive International Inc. or third-party trademarks.

Disclaimer of warranty

Any product or service made available through the service is provided on an "as is" and "as available" basis. Your use of the service is at your own risk. 

Regarding our printing service, we warrant only that printed photos provided will be delivered to you in usable condition. If your prints are considerably damaged or lost during delivery, our sole obligation, and your sole and exclusive remedy, will be for us to reprint the photos at no extra cost.

Except for the above express limited warranty, to the extent permitted under applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Proyecto Vive International Inc., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Proyecto Vive International Inc. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Proyecto Vive International Inc. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you for the product for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Proyecto Vive International Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Policy, please contact us to hello@fotovive.com or fill the form below.

This document was last updated on June 5, 2018.

 

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