Terms and Conditions (iOS app)

1. Subject Matter of the Contract

1.1 PastBook B.V. (“PastBook”) provides a mobile application (“Application”), upon which it runs a service called PastBook, an easy way to create photo albums – digital and printed (“Service”).

1.2 Any use of the Application as well as the Service is subject to the following terms and conditions ('Terms and Conditions').

1.3 You are accepting these Terms and Conditions by installing or using the Application.

1.4 These Terms and Conditions are between you and PastBook only, and not Apple, PastBook, not Apple, is solely responsible for the Application and its content.

1.5 You represent and warrant that you have the necessary legal competence, e.g., that you are of that legal age of majority, to accept these Terms and Conditions. If you have not reached the age of majority, you confirm that you have received your parent’s or guardian’s permission to use the Application and that your parent or guardian hereby acknowledges and agrees to these Terms and Conditions on your behalf.

1.6 By accepting these Terms and Conditions you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

1.7 Apple is a third-party beneficiary of these Terms and Conditions, and, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.

2. Installation and use of the Application

2.1 Subject to these Terms & Conditions, PastBook hereby grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Application, as provided to you by PastBook, on any Apple product(s) that you own or control (“Device”) and solely for your personal, non-commercial purposes. Notwithstanding the foregoing, the Application may, when applicable, be accessed and used by other accounts associated with you via family sharing or volume purchasing. The license is subject to any usage rules set forth by Apple published in its App Store terms of service.

2.2 You represent, warrant, and agree that you will not use the Application and Service in a manner that violates any applicable law or infringes on any third-party rights. If you use the Application in a manner that violates the Terms & Conditions PastBook may limit or terminate your access to the Application, at its sole discretion.

2.3 To use the Service, you must authorize the Application to use your photos on your Device to generate your creativity. By choosing to include texts, photos, graphics, videos, files, or any other content (“Content(s)”) 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.

2.4 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 the available methods of payment provided in the Application by making a purchase through the Application.

2.5 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 Application. 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.

2.6 The uploaded Content and any generated creativity will be always your own property.

2.7 You may uninstall the Application at any time.

2.8 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 selected by you from your Device.

3.2 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.

3.3 You may order a PDF or a printed copy of your “PastBook” (“Printed Copy”) which shall be printed, bound, and subsequently shipped to you by mail to the address you specify.

3.4 The order of a PDF and/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.

3.5 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.

3.6 After you have completed the ordering process, we will confirm the conclusion of the contract by the 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.

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 by means of the available methods of payment provided in the Application. The User’s right to the creation and delivery of the PDF or the Printed Copy first arises with the successful completion of the payment process.

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

4.5 You can cancel your order within 4 hours after the payment has been received by PastBook. PastBook will refund the payment by the end of the month that the refund has been requested. No refund is granted in any case after the book has already been printed by PastBook printer partners.

4.6 In case of printing or shipping issues, you are entitled to a re-print of your Printed Copy free of charge just after providing detailed documentation and proofs about the issue to PastBook; PastBook – at its own discretion – has the right to do not grant a re-print if the documentation is not sufficient to prove the issue.

5. Rights of use to the content

5.1 By providing us access to the Content on your Device you grant PastBook a right of use to the Content on your Device, 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, 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 Application as well as our Service is used exclusively by you.

6.3 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 Application and the Service (including Content, advertisements, and Software).

7. Responsibility

7.1 You bear the exclusive responsibility, without limitation for all 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 regard 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 and Conditions are violated. 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. In case you violate one or more guarantees or these Terms and Conditions, you shall indemnify us according to para. 9 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 that are accessible over our servers, in particular insofar as third parties make us aware of Contents which contravene these Terms and Conditions.

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 regard to the potential rights of third parties to Contents that are included in your personal PastBook album.

8. Reporting violations of rights

8.1 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 (e-mail address) or via the online contact form including the following information, so that we may proceed against the misuse of our Service and protect your rights:

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

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

   c. 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 shall, according to its sole commercial discretion, decide whether the objected Contents will be hidden or deleted.

9. Indemnification and liability

9.1 The Application is provided for free on an "as is" basis. Therefore, PastBook disclaims all warranties about the Application to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, PastBook, not Apple, shall be solely responsible for such warranty. To the extent that any maintenance or support is required by applicable law, PastBook, not Apple, shall be obligated to furnish any such maintenance or support.

9.2 To the extent not prohibited by law, in no event shall PastBook be liable for personal injury or any losses or damages, including but not limited to any incidental, consequential, direct or indirect damages, or loss of data, arising out of or related to your use or inability to use the Application or the Service.

9.3 Some jurisdictions do not fully allow the limitation of liability for personal injury, or the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you in full.

9.4 To the extent you have any claim arising from or relating to the use of the Application, PastBook, not Apple, is responsible for addressing these claims, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

9.5 To the extent PastBook is required to provide indemnification by applicable law, PastBook, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes any third party intellectual property right.

9.6 You shall indemnify PastBook for all demands and claims which are raised by other users or third parties based on or in connection with Contents that are saved, published, and/or transmitted within the framework of this Service or are based on the use of the Application and the Service or based on violations of these Terms and Conditions or on violations of the rights of third parties.

10. Other

10.1 This Agreement shall be governed by the laws of the Netherlands, and the parties hereby consent to the exclusive jurisdiction of the courts of the Netherlands for resolution of any dispute arising hereunder. If you are a citizen of any other European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

10.2 We reserve the right to modify these Terms and Conditions having effect prospectively. We will notify you by providing notice through the Application. If you do not agree with the new Terms & Conditions, you are free to reject them but unfortunately, you will then no longer have the right or be able to use the Application.

If you have any questions or comments about these Terms and Conditions, the Application, or the Service, please contact us at [email protected].

PastBook B.V., Overhoeksplein 3, 1031 KS Amsterdam, the Netherlands

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