1.Subject Matter of the Contract

1.1 PastBook B.V. is the proprietor of PastBook.com, upon which it runs a service called PastBook, an easy way to create photo albums – digital and printed.

The PastBook.com website (’Website’) is a hosted service operated by PastBook B.V. (’PastBook’). Any use of the Website is subject to the following Terms and Conditions of Use (’Terms and Conditions’), as well as to PastBook’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions.

1.2 You are accepting the following Terms of use by installing or using the Application.

 

2.Installation of the Application.

2.1 To use this service, you must authorize the PastBook application to use your data in order to generate your creativity.

By choosing to include images, comments and any other content in the creativity you represent and warrant, at all times during the term of this Agreement, that the Content is owned by you or, to the extent owned by someone else from which you have permission to provide the Content to PastBook for use as described here and, in either case, that the Content does not contain any Personal Data about any individual other than you.

2.2 The installation and use of the Application is free of charge, if you wish to purchase your personal book as PDF or hard copy a charge will be levied, payable by credit card or PayPal, by making a purchase through the PastBook Application and/or PastBook website (www.PastBook.com).

2.3 You cannot use content that you don’t own or have permission to publish. We take all allegations of copyright violation very seriously (see para. 8) To that end, if you believe that material on PastBook.com violates your copyright, you are encouraged to notify us by email. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PastBook or others, PastBook may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PastBook will have no obligation to provide a refund of any amounts previously paid to PastBook or owed to the user.

2.4 Using PastBook’s services you are uploading your content to our servers for our usage to providing you the service. These information will be never be distributed for any reason to third parties.

2.5 The uploaded content and any generated creativity will be always your own property.

2.6 You may uninstall the Application at any time.

2.7 We reserve the right to limit the functional scope of the Application at any time or to discontinue the Service in its entirety.

 

3. Creation of your PastBook; purchasing Premium services as customizations; a PDF file or Printed Hard Copy

3.1 After installation of the Application, you may create your personal “PastBook”, a Photo album of the contents from your Instagram, or Facebook profile as well as photos from your devices as well as content from other social network and storage services thru the integration of our partner Ink FilePicker inc.

3.2 In the course of creating the “PastBook”, you have the exclusive responsibility for the inclusion of the individual contents (photos, comments, messages, etc.). The Application will automatically layout the contents to be included in the “PastBook”; the responsibility for the contents included, however, is exclusively yours. You accept suggested contents, You bear the sole responsibility for the legality of taking over these contents in your personal “PastBook” and You agree to indemnify PastBook B.V. to that extent for the claims of third parties (see on para. 7).

3.3 Book manufacturing is provided by our print-on-demand partners. PastBook reserves the right to reserve a portion of the back cover of any published Content for placement of a unique identifying number and/or PastBook logo.

3.4 After creating your personal PastBook, we can post an update on your Facebook profile to share the activity with your friends. You may order a pdf or a Printed Copy of your “PastBook” which shall be printed, bound and subsequently shipped to You by mail to the address You specify.

3.5 The order of a Pdf ad/or Printed Copy is permitted only for your own, personal use. You may not distribute or in any other way commercially exploit the Printed Copies received for your personal use.

3.6 The PDF and/or Printed Copy of your personal “PastBook” is subject to charge. Respective stated prices apply and shipping costs. PastBook reserves the right to adjust the respective stated prices.

3.7 After You have completed the ordering process, We will confirm the conclusion of the contract by transmission of an e-mail to the e-mail address provided by You in the course of the order process. The contract is not effective until the confirmation e-mail has been sent to You. PastBook reserves the right to reject orders without reason.  A right to conclude a contract does not exist.

3.8 In addition you can create your “PastBook” of Instagram photo and browse it online. This service is free of charge. In accordance with the privacy settings of your Instagram and Facebook profile, other users can view and comment these “PastBook” published on your Facebook timeline as well.

 

4. Payment terms

4.1 The prices stated at the time of the respective conclusion of the contract shall be due at the time that the contract is concluded if not stated otherwise. The amount is due without a separate invoice.

4.2 All prices stated include the respective sales tax where applicable.

4.3 Processing of payments shall take place exclusively over PayPal. The User’s right to the creation and delivery the pdf or the Printed Copy first arises with the successful completion of the payment process over PayPal.

4.4 If you are in possession of coupon as gift voucher or discount, you simply need to fill in the appropriate coupon code upon ordering your Pdf or Printed Copy.

4.5 Private information of payment (credit card number, etc.) are not stored on our servers: all transactions are executed on PayPal secure servers.

 

5. Rights of use to the content.

By installing the Application, You grant PastBook B.V. a right of use to all content from your profile on Instagram and Facebook, which is non-exclusive and unlimited in geographical scope. This grant of rights includes in particular the rights in respect to the handling of content: reproduction, making publicly available, as well as the right of configuring, formatting, technical processing, transmission and displaying said content on (also mobile) end devices. The above-mentioned grant of rights is limited to the use of the contents for the purpose of providing the Service. You may revoke these rights of use at any time.

 

6. General obligations of the User.

6.1 You are obligated, in using the Application as well as in the context of the ordering process, to make true, current and complete statements.

6.2 You are obligated to ensure that your access to our Service is used exclusively by You.

6.3 In addition, users are prohibited from utilizing software, other scripts or mechanisms in connection with the use of the Application, which may impair the functionality of the Application.

6.4 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the PastBook Services (including Content, advertisements and Software).

 

7. Responsibility

7.1 You bear the exclusive responsibility, without limitation for all texts, photos, graphics, videos, files or other materials and submissions (“Contents”), which are saved, reproduced or published in the course of using the Service. Insofar as You permit the use of our Service by a third party, in particular, a minor, You, as the contracting party are responsible for all Contents which are saved, reproduced or published by the third party using the Service.

7.2 You guarantee towards Us that You possess all rights in regards to the Contents, which are taken over into your personal PastBook and that no rights of third parties, irrespective of type, no statutory provisions and no provisions of these Terms of Use. In case You are not the owner of the rights to any of the Contents taken over into your personal PastBook, You guarantee that You have effectively obtained all required legal transfers, licenses, permissions and consents. For the case You violate one or more guarantees or these Terms of Use, You shall indemnify Us according to para. 10 for any liability towards a third party and shall hold us harmless to the fullest extent.

7.3 Although We do not generally review or monitor the Contents of users, We reserve the right – in our sole discretion and without providing the reasons – to refuse (where appropriate, partially refuse) and to block or delete with immediate effect, Contents which are accessible over our servers, in particular insofar as third parties make us aware of Contents which contravene these Terms of Use.

7.4 You can share a digital version of your PastBook album via weblink with other users. Who attains access to your personal PastBook album is exclusively dependent upon the privacy settings chosen by You. You bear the sole responsibility if You share your PastBook album with other users. This applies in particular in regards to the potential rights of third parties to Contents which are included in your personal PastBook Album.

 

8. Reporting violations of rights

In case You think that your intellectual property rights or any other of your rights are being violated by the Contents of another user, please inform us by mail or via the on-line contact form including the following information, so that We may proceed against the misuse of our Service and protect your rights:

a description of the work which is, for example, protected by copyright, which in your opinion is being infringed upon;

a description of where the material may be found which in your opinion violates intellectual property or other rights, providing the URL, your address, telephone number and e-mail address;

a declaration from You that, according to the best of your knowledge and in good faith, the objected use of is not permitted by the owner of the rights or by the owner’s authorized representative or by legal provisions.

PastBook B.V. shall, according to its sole commercial discretion, decide whether the objected Contents of will be hidden or deleted.

 

9. Data Protection

PastBook B.V. is authorized to collect, process and use the data obtained from the User as well as those data, which accrue in connection with the use of the service according to legal provisions to the extent this data is required for the implementation of the Service and contractual performance.

 

10. Indemnification for liability

The User shall indemnify PastBook B.V. for all demands and claims which are raised by other users or third parties based on or in connection with Contents which are saved, published and/or transmitted within the framework of this Service or are based on the use of the Service or based on violations of these Terms of Use or on violations of the rights of third parties. This includes the respective reasonable attorney’s fees and court costs. In addition, the User is hereby obligated to make available to PastBook B.V. in the case of the assertion of a claim by a third party immediately, truthfully and completely all information which is required or useful in evaluating the claims or preparing a defense.

 

11 We reserve the right to modify these Terms of Use having effect prospectively.

 

If you have any questions about these Terms, please contact us at you@pastbook.com