Terms of service
SUMMARY (FOR NON-LAWYERS)
2. We will never use, sell, promote, or print any of your images without you prior written consent – it’s your work and it can’t be used in any way without your permission.
3. The files you upload are stored on our secure servers and may remain there for back-up purposes in case you need a reprint or your piece is damaged in shipment. If you want us to permanently delete your images from our server please let us know when you place your order and we will gladly comply. Otherwise files may be deleted off our server every six months without any notification. Make sure you back up your images.
4. Files you send to us to be scanned will be treated with the utmost care and will be returned to you (unless you specify otherwise) but we can’t be held responsible for photos that are lost in transit or damaged while out of our hands.
5. Returns – In case you receive the product in a damaged state, you may return it within a week since picking it up. We will refund the entire cost of the order plus the shipping cost. We will not be held responsible if you are not satisfied with the photos’ clarity as a result of uploading poor quality photos or taken at a low resolution. In this case, you may still return the package, but we will only refund the cost of your order, without the shipping costs. If you wish to return a package, please contact us as soon as possible.
1. Acceptance of Terms
2. User Account, Password, and Security
Upon creating a user account, you agree to provide Instantly.be with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site's registration process. You are responsible for all activities that occur under your password or account. Instantly.be cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
3. User Conduct
In using this Website, you agree to not:
1. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise ("Content") that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
5. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. upload, download, post, email or otherwise transmit false or misleading information;
7. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
8. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
9. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
Upon uploading Content, you acknowledge that Instantly.be may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Instantly.be and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Instantly.be. You acknowledge and agree that Instantly.be may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Instantly.be, its users and the public. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
Prices for products on Instantly.be are described on our Site and incorporated into these Terms by reference. All prices are in US Dollars. Prices and products may change at Instantly.be’s discretion.
All items purchased through Instantly.be are made pursuant to a shipment contract.
7. Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Instantly.be, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws. You will retain ownership of the Content you upload to Instantly.be. You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. All brand, product and service names used in this Site which identify Instantly.be or third parties and their products are proprietary marks of Instantly.be, Inc. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Instantly.be or any third party with respect to any such image, logo or name. You shall not make any use of any Instantly.be trademarks, logos, or trade dress without prior express and written approval by Instantly.be.
8. Copyright and Intellectual Property Policy
Instantly.be respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Instantly.be's Copyright team, and provide the following information ("Notice"): a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest; b) a description of the copyrighted work and/or trademark claimed to have been infringed; c) a description of where the claimed infringing Content is located on our Site; d) your address, telephone number, and email address e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
9. WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT THE LICENSE; (III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (V) THE WORK IS NOT DEFAMATORY OR OBSCENCE; (VI) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL; (VII) THE CONENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGION, SEXUAL ORIENTATION, OR THE LIKE (“DISCRIMINATORY CONTENT”);
You agree to defend, indemnify and hold Instantly.be and Instantly.be's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
11. No Resale
You won't reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Instantly.be 's express written consent.
The Site may provide, or third parties may provide, links to other websites or resources. Because Instantly.be has no control of such sites and resources, you acknowledge and agree that Instantly.be is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Instantly.be shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Public Reputation
You acknowledge and agree that you will not use any product ordered from Instantly.be.com in a way that would be damaging to Instantly.be's public reputation or that of its employees, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Instantly.be in a public setting, including on the Internet, in a way which disparages Instantly.be, employees, shareholders or partners,
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Instantly.be may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Instantly.be's failure to act with respect to a breach by you or others does not waive Instantly.be's right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Instantly.be, and supersedes all other communications, written or oral, with regard to the services provided by Instantly.be.