Terms & Conditions for the use of the MaxBox PIX

The MaxBox Print Service is a secure order fulfillment service designed for the photographer to place print orders for home delivery or instantly print the photographs from a MaxBox kiosk (“kiosk” or “MaxBox”).

The MaxBox Print Service is provided, operated and monitored by MaxBox Digital Retail Ltd. ("MaxBox Print Service", “MaxBox Digital Retail Ltd”, "we" or "us"). It provides access to a number of services including the ability to order prints of digital images that have been uploaded as well as instantly print digital images as photographs from selected MaxBox kiosks. All prints supplied other than those printed from the MaxBox kiosk will be through independent participating laboratories or retailers.

There are no age restrictions to order or print digital images from a MaxBox kiosk; however you should ask permission from the owner of the memory storage device you are using. By using these services you agree to comply in full with, and be bound by these Terms and Conditions and any modifications that may be notified to you from time to time.

Use of the Services
The MaxBox Print Service may only be used in accordance with the instructions provided and for the purposes specified. Any other use is strictly prohibited. You warrant that you will not use the MaxBox Print Service to infringe the rights of any third party and you will fully comply with all relevant Laws, Regulations and industry practices.

Without limitation to the generality of the foregoing you warrant that you will not use the MaxBox Print Service for:
• any material that contains any contaminating or destructive codes such as viruses, worms, 'Trojan horses' or any other similar features;
• any material the rights in which are owned by third parties without the express written permission of the relevant third parties;
• any hacking, gaining or attempting to gain unauthorised access to any servers controlled by us or any third party, or for decompiling, reverse engineering or disassembling any software used in connection with this service.

We shall decide, at our discretion, whether your use of the services constitutes any breach of the above restrictions or any of the other Terms and Conditions. We reserve the right in our absolute discretion to refuse to print and/or to delete anything that you may send us. You confirm that we shall not be liable to you or to any third party as a result of any such refusal or deletion. For the avoidance of doubt you are solely responsible for keeping back-up copies of any of your images and other material. Nothing herein contained shall relieve you of your obligations to comply with these Terms & Conditions. Non-compliance by you with any of the Terms and Conditions shall constitute a non-remediable breach and render the rights granted void ab initio.

Use of third party Websites and Software
MaxBox Digital Retail Ltd may make software or services owned or operated by third-party companies available to you. You must only use this software or the services in accordance with the terms and conditions imposed by the third-party provider. MaxBox Digital Retail Ltd has no control over and will accept not responsibility or liability for the material on or availability of any web site not under MaxBox Digital Retail Ltd’s direct control or jurisdiction. You acknowledge that MaxBox Digital Retail Ltd shall in no way be responsible for any of your dealings with third parties found on or through any of the services launched from the MaxBox Print Service.

Copyright
You warrant that you are the absolute owner of all rights in all images and other material uploaded by you or that you have the full permission and consent of the absolute owner of all rights in all images and other material uploaded by you and that your use of the MaxBox Print Service will not infringe the rights of any third party.

You grant all necessary rights, permissions and consents and waive any moral or other rights you may have so as to enable the services to be provided without restriction or obligation other than as set out in these Terms and Conditions.
Although we prohibit the uploading of certain types of image we cannot control the use of our service. It is possible that images or other material may be transferred on our service which is unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material you should contact and inform us without delay. If we become aware of any images or other material transferred on our service which is unlawful, such material will be forwarded to the authorities at our sole discretion.

Acceptance and delivery of orders
Acceptance of orders shall be at our sole discretion. All credit and debit card orders are subject to validation checks and authorisation by the card issuer. Payment will be debited from your account once your order is completed. When your order has been accepted you will see a confirmation page and users will receive a voucher. These will act as your receipt. We will endeavour, but are under no obligation, to deliver your order within the time stated. We accept no liability for loss or damage suffered due to delivery after the time stated or as a result of non-delivery whether this loss is caused by us or by a third party.

We will arrange for delivery to the address you notify to us when you place your order. We retain the right to change the Laboratories and / or Retailers participating in this service at our discretion and without notice.
We accept no responsibility for the delivery or for the accuracy of the delivery address you notify to us when you place your order. We reserve the right to dispose of incorrectly addressed envelopes and their contents if they are returned and shall incur no liability to you or any other person. We will take all reasonable care to keep the details of your order and credit card information secure. However, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information you provide.

Price information
All prices displayed on screen are correct at the time when they are posted on the system. Prices displayed on screen will prevail at all times in relation to orders placed through the system.

Print quality
You hereby acknowledge that the quality of any prints is dependent upon the quality of the original digital file.

Limitation of Liability
Whilst MaxBox Digital Retail Ltd shall use its reasonable endeavours to ensure that the service is available and operational for the majority of the time, MaxBox Digital Retail Ltd does not warrant that the service will be available at all times and error-free or that all errors will be corrected. To the extent possible at Law MaxBox Digital Retail Ltd shall have no liability for any direct, indirect or consequential losses or expenses suffered by you, howsoever caused. EXCEPT AS SPECIFICALLY SET OUT IN THESE TERMS AND CONDITIONS, ANY TERM, REPRESENTATION, CONDITION OR WARRANTY INCLUDING WITHOUT LIMITATION IN RESPECT OF THE QUALITY OR FITNESS FOR PURPOSE, HOWSOEVER IMPLIED, IS HEREBY EXPRESSLY EXCLUDED TO THE EXTENT PERMITTED BY LAW.

MaxBox Digital Retail Ltd accepts no responsibility or liability for the deletion or failure to store any material, messages or communications. For the avoidance of doubt you are solely responsible for keeping back-up copies of all material including data and images. We have taken every care in the preparation of the content of this system. To the extent permitted by applicable law, we disclaim all express and implied warranties including without limitation as to the accuracy of the information contained in all materials and we shall not be liable to any person for any loss or damage which may arise from its use.

Under no circumstances will we be liable in any way for any images, words or other material displayed within the services, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any images, words or other material uploaded, e-mailed or otherwise transmitted via the services.

We may modify or discontinue, temporarily or permanently, any part of the services, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the services. Any liability we may have to you shall in any event be limited to the reprinting of the images or at our discretion a refund of any charges paid.

Unless otherwise specified, the images, words and other material on this system is directed solely at those who access this system from the United Kingdom. MaxBox Digital Retail Ltd makes no representation that any product referred to in the materials on this system is appropriate for use or is available in other locations. Those who choose to access this system from other locations are responsible for compliance with all relevant Laws, Regulations and industry practices including without limitation all local Laws, Regulations and industry practices. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

Intellectual property
MaxBox Print Service software and print services may not be used for any purpose which may infringe the rights of any third party including without limitation any copyright owned by third parties. All intellectual property rights including brand, product and service names, titles and copyrights used are the trademarks, trade names, service marks, copyrights or other intellectual property of their respective holders and may not be used without the owners' consent. MaxBox Digital Retail Ltd reserves all rights not expressly granted including without limitation any intellectual property rights it may have in or relating to the MaxBox Print Service software.

Indemnity
You agree to fully indemnify MaxBox Digital Retail Ltd and their associated companies, officers, agents, licensees, business associates and other partners and employees and the selected Laboratory from any claim, demand, cost and expense - including legal fees - due to or arising out of your use of the MaxBox Print Service including without limitation content you submit, post to or transmit through the MaxBox Print Service and/or arising out of any breach of these Terms and Conditions and/or your infringement of any rights of any third party.

Data Protection
The selected Laboratory, Retailer and MaxBox Digital Retail Ltd will hold and process your personal data and whatever other information you choose to supply in order to provide the services to you. If MaxBox Digital Retail Ltd acquire or develop other businesses, products or services the data may be used by those other businesses, for those other products and services in a similar way. The personal details you provide are stored on our secure server not in a cookie. By providing your personal data you are consenting to its use for all these purposes.

Termination of membership
Without prejudice to MaxBox Digital Retail Ltd’s other rights and remedies the rights to use the MaxBox Print Service will terminate immediately without notice if you fail to comply in full with any of these Terms and Conditions. Termination shall be without prejudice to any of our rights which have accrued prior to termination.

General
The express terms of these Terms and Conditions represents the entire agreement between MaxBox Digital Retail Ltd and you relating to its subject matter and in particular, without limitation, contain all the obligations on the part of MaxBox Digital Retail Ltd in relation to the software and rights granted. No other provisions (whether statutory or in contract or tort or any other kind) are implied or otherwise deemed incorporated into or collateral to these Terms and Conditions notwithstanding the execution by MaxBox Digital Retail Ltd prior to the date of these Terms and Conditions of any document purporting to incorporate inconsistent terms.

You acknowledge that any warranties or representations (whether innocent, negligent or otherwise) which might have been made to you before agreeing to make these Terms and Conditions by or on behalf of MaxBox Digital Retail Ltd in relation to the subject matter of these Terms and Conditions save to the extent expressly set out herein have been superseded and shall be deemed annulled and were not relied on by you and did not induce you to enter into these Terms and Conditions. It is the intention of the parties that no term of this Agreement may be enforced by any third party notwithstanding that any such term of this Agreement may purport to confer, or may be construed as conferring, any benefit on such third party and irrespective of whether such third party is identified in this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the courts of England and shall benefit MaxBox Digital Retail Ltd, its successors and assigns. In the event that there is a conflict between any of these Terms and Conditions and any relevant laws and/or regulations the relevant laws and/or regulations shall apply save to the extent that they may be validly varied.

Queries
Any queries or comments about the MaxBox Print Service should be directed to MaxBox Digital Retail Ltd via e-mail to info@themaxbox.com or by calling the customer services line on 0800 024 1155.
Copyright © 2008 MaxBox Digital Retail Ltd. All rights reserved.
Dated 14-Jan-2008