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TERMS & CONDITIONS

/TERMS & CONDITIONS
TERMS & CONDITIONS 2018-01-11T00:48:22+00:00

Summary of Mazayapress Terms & Conditions

Please note that while our terms and conditions may change from time to time, you will always find the most recent version here.

You control who sees your photos. Mazayapress is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members you invite have access to your photos.

Your personal information is protected. Your privacy is important to us and we take great care to protect it. Please see our Privacy Policy for details.

We will communicate with you via email. Mazayapress intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon receipt.

Age: You must be at least 13 years of age to sign-up for Mazayapress .

To read the complete Mazayapress Terms and Conditions, please see below.

Mazayapress Terms and Conditions

Welcome to Mazayapress! Mazayapress provides members a fun, safe, and easy way to process, print, digitize, store, share and otherwise use (collectively “Process”) photographs. However, before you use or access the Mazayapress Service, as defined below, you must carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on the Site 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, 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 entering and using the Site, 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 Mazayapress that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Mazayapress web site, located at
http://mazayapress.com/, or any native apps or mobile platforms provided by Mazayapress (together, the “Service”) 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 Service.

I. Terms of Membership
  1. Mazayapress membership (“Membership”) is available to you if you are at least 13 years of age and submit certain requested information to Mazayapress, including your name and correct email address. When you become a Member, you must provide Mazayapress with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
  2. A condition of Membership is your “Active Participation” in the Service. Active Participation is defined as purchasing photo or video merchandise, including reprints and enlargements, through the Service at least once every 365 days. Purchases through Mazayapress third-party advertisers do not count towards Active Participation. If you cease Active Participation for any reason, Mazayapress may terminate your Membership (or any part thereof) and your use of the Service, 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 Service.
II. Digital Image Storage
  1. Mazayapress offers free, unlimited storage of online photos to Members 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 Service, 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, Mazayapress may in its discretion down-sample the Content regardless of the upload speed you choose.
  2. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
III. Member Conduct

Mazayapress is committed to ensuring that the Service remains a fun and safe place to Process photographs. To that end, the Service allows Members to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that Mazayapress believes:

  1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
  2. 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;
  3. Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
  4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
  5. Advocates illegal activity;
  6. Violates any law or regulation;
  7. Harms anyone, including minors; or,
  8. Provides a link to any of the above;

Mazayapress has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Mazayapress does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Mazayapress 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 Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

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

Mazayapress in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

IV. Third Party Software

As a convenience to Members, Mazayapress may make third-party software available through the Service, 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. Mazayapress 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. Privacy Policy

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

VI. Intellectual Property

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

  1. Ownership. You will retain ownership of your Content and any rights granted to Mazayapress 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 Mazayapress in which you use to arrange or organize such Content are not proprietary to you, and the rights to such template or layout will remain with
    Mazayapress.
  2. Content License. In order for Mazayapress to provide our services to you and your invitees, as a condition to Membership you hereby grant to Mazayapress 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 Service to you or your invitees, (b) showing you how your Content would appear in a product or service offered by Mazayapress or one of its agents or (c) improving the Service (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 during your membership to remind you of your past memories.
  3. Warranty. As a condition to Membership, you represent and warrant to Mazayapress that you either own your Content or have written permission from the copyright owner to make such Content available to the Service and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trade secret right or other intellectual property or other property right of any third party.
  4. 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 this Agreement. 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 parent or guardian (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 Mazayapress.

The Service is protected by U.S. and international copyright laws and by other applicable 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 Service.

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

VII. Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Mazayapress, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “Mazayapress AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (COLLECTIVELY “CLAIMS”), INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING ANY CLAIMS RELATED TO (i) ANY CONTENT SUBMITTED BY YOU, (ii) YOUR ACTIVITIES ON THE Mazayapress WEB SITE, OR ANY ACTIVITIES MADE IN CONNECTION WITH YOU (OR ANY OF YOUR INVITEES) OBTAINING ANY PRODUCTS OR SERVICES FROM Mazayapress OR (iii) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

VIII. Limited Warranty

IN NO EVENT WILL Mazayapress OR Mazayapress AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

  1. 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. Mazayapress WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, Mazayapress SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR Mazayapress TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (ii) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.
  2. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Mazayapress AND Mazayapress 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. Mazayapress MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. Mazayapress MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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. 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.

IX. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, Mazayapress WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (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 SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

X. Termination

Mazayapress may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Mazayapress elsewhere within the Service, or (ii) conduct Mazayapress believes is harmful to other Mazayapress users or the business of
Mazayapress, or (iii) failure to maintain Active Participation in the Service. You agree that 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 Site, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

XI. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of California, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Site or these Terms will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the California area and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Site, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Site you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us. If, for any reason, this arbitration provision is not upheld, the exclusive forum and venue to resolve any disputes arising out of or otherwise relating to these Terms or the Site will be in the state and federal courts of California.

XII. Modification of Terms

Mazayapress may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Mazayapress will be prospective only.

XIII. Entire Agreement

These Terms constitute the entire agreement between you and Mazayapressgoverning your use of the Service. 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 Mazayapress Affiliate services, third-party Content, or third-party software.

  1. The failure of Mazayapress 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.
  2. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
XIV. Reporting Violations

You can report abuse of these Terms to info@mazayapress.com

XV. 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.

XVI. Notice of Defects

(1) Your acceptance of the products occurs upon delivery of the products and
will be presumed unless you notify us of defects 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 Mazayapress 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 in the site are approximate and some deviations can be expected as the products are created on an individual basis.