Terms of Use


General

OUT OF THE PHONE SAS
71, Rue Perthuis, 92140 Clamart, registered in the Nanterre Trade and Companies Register under number 791 303 159.
E-mail : contact@outofthephone.com
Publication director : Pierre Le Govic.
www.outofthephone.com website is hosted by: Heroku, Inc., 650 7th Street - San Francisco, CA 94103 - +1 (866) 278-1349.

OOTP developed this website in order to provide a satisfying service. OOTP offers different printing services related to photography. OOTP is a printing service and cannot be held responsible for the content printed by its clients. OOTP allows access to Facebook and Instagram pictures for convenience and no photos can be accessed on OOTP that would not be accessible by a user through its Facebook or Instagram account. Using photo printing products printed with OOTP for commercial use is strictly forbidden. Users are responsible for the content printed, users certify that no photos violating author rights, brands'rights are printed with OOTP. Facebook, Instagram or uploaded photos of friends, people followed or any other photos users do not own should have the explicit consent of authors to be printed with OOTP. The general terms and conditions exposed here below apply to all those services.

If you have any questions regarding our terms and conditions of use and sales please contact us via our contact form or send us an e-mail at contact@outofthephone.com.

The Terms and Conditions thereafter are governed by French law without prejudice of residence country law of the user or client.

Definition and terms

These Terms and Conditions of OUT OF THE PHONE services govern the relationship between the company OUT OF THE PHONE SAS (hereinafter referred to as "OOTP") and any person who visits or make a purchase on the OUT OF THE PHONE website.

Products: designate all the products available on the OOTP website.

The website: Gathers all services online labeled OUT OF THE PHONE, their web pages and the products offered on all those pages.

The user: Designate all people visiting, using or ordering on the OOTP website.

Purpose of the service

OOTP provides a merchant service concerning photography. Those services include amongst all personalized photo books, photo prints, etc. In order to use OOTP’s services you need to access the internet throughout a modem or any connection set (possible costs resulting from connecting the internet are fully at the expense of the user.

Nature of terms and conditions

The following terms do not entitle the user the quality of employee, agent or representative of the company OOT. The following terms cannot be considered as a memorandum constituting a moral person or a legal entity of any kind.

Products

All products are described by OOTP as precisely as possible. In case of doubt regarding the characteristics of a product, the user can contact OOTP via the contact form or by phone.

Data security

OOTP commits to take every useful caution to protect users’ data especially during processing as to to avoid them being distorted, modified or damaged by third parties or accessible to any non-authorized person. OOTP commits particularly to respecting all technical prescriptions complying with data processing.

Website availability

OOTP makes every possible effort to ensure website availability 24 hours/24, 7 days/7. However, OOTP cannot be held responsible in case of unavailability for upgrading reasons, maintenance, or servers unavailability.

Pricing

All orders made on the website OOTP are payable at the order. Prices can evolve at anytime according to pricing policy. No modification of price can be applied to an order confirmed or in progress.

Membership is free. The use of online tools, digital photography’s’ deposit on a member account is also free. OOTP hosts users’ photos and creations during 60 days by default and maximum 1 year, that time spent, photos or photography works will be deleted. OOTP is not obliged to host photos or photography creations, the volume of photographs or creations can be limited in capacity for each user at anytime.

Prices are indicated in Euro, except if clearly labeled in another currency. Prices applied are those displayed when connecting to OOTP. All prices include French VAT. In case of delivery in a country non-member of the European Union, prices do not include possible tarifs at customs payable by the client. The amount of those taxes depend on the destination country, and hence the client will have to contact local authorities as to respect import tarifs on merchandises when receiving the order.

Payment

Payments are made online with a secured payment solution. Orders can be paid directly by credit card. OOTP integrates the most recent security processes and encrypts data according to the SSL protocole as to secure users’ data.

More about payment security

The order will be effective after payment has been confirmed. In case of agreement, the account will be debited immediately after the order confirmation and the order will be processed. In case of refusal, the order will be cancelled. OOTP reserves the right to cancel an order if a payment problem occurs. In case of reimbursement users will be credited on the bank account linked to the card they used during payment.

Users and members

In order to become members, visitors must connect with Facebook. Accepting OOTP’s application automatically creates an account and opens a session. The e-mail address registered by OOTP is the one linked to users’ Facebook account. Users and members commit to provide relevant delivery and billing information in order to ensure successful communication and delivery. OOTP services are for personal use. When accepting the Facebook application OOTP you explicitly authorise OOTP to contact you on your e-mail associated with your Facebook account. You can unsubscribe OOTP’s newsletter simply by clicking on the option “Unsusbscribe” in OOTP’s e-mails. In case of fraudulent use of your account please inform OOTP as early as possible.

Rules of good conduct and practices

All users and members acknowledge that they have all the rights on the photographs they use on OOTP. You commit not to use OOTP in a racist, pedophile, pornographic purpose, or more generally affecting the rights or interests of a third party. OOTP reserves the right to exclude members who do not respect those terms here exposed, by disconnecting them out or deleting their account and all the data associated with their account.

Facebook Connect

OOTP offers users to connect with Facebook. In order to connect with Facebook, users must accept OOTP’s application and thus accept the application to access some of the users’ Facebook information and photos. This authorization is collected with a click on the “allow” button on the Facebook permission authorization dialog box. This dialog box explicitly lists the pieces of information OOTP will be able to access:\- Photos of the user and friends’ photos\- All content associated with photos: Likes, Comments, tags, description and date time\- Birthday of the user and friends’ birthday\- User e-mail associated with Facebook account.

OOTP does not have access to users’ Facebook password.

Instagram Connect

OOTP offers the possibility to connect with Instagram. In order to connect with Instagram you must authorise OOTP to access your name, photos, and content associated with your photos: Likes, comments, tags, description of photos. This authorization is collected with a click on the “accept” permission dialog box displayed by Instagram.

OOTP does not have access to users’ Instagram password.

Personal data

Personnal data collected by OOTP are never shared with third parties. Users have a right to access, modify or delete data complying with law on digital data processing and civil liberties. Users can exercise this right by using the contact form or by mail at the following address: 71, rue Perthuis, 92140 Clamart – France. OOTP reserves the right to contact members using the personal data they provided as to communicate on offers members could be interested in.

Intellectual property

All content communicated to OOTP remains the property of users even if this content is stocked on OOTP’s servers. You guarantee that the data communicated to OOTP do not violate rights of intellectual property, and are not counterfeited, do not violate trademarks or any third party rights. You commit to financially reimbursing OOTP against legal action mentioning the violation of rights, and legal fees and possible legal fees associated.

You are responsible for the content you stock and manipulate with OOTP. All website contents and tools at users’ disposal such as files, images, software are the exclusive property of OOTP. Users and visitors have no right to copy, reproduce this content without the explicit agreement from OOTP.

Shipping and delivery

Information provided at the order commits you. In case of erroneous information leading to delivery failure of your order, OOTP cannot be held responsible. Data collected automatically at the time of the order can be referred to as evidence of the date, time, products ordered and price paid. Products available on the website can be delivered in France, in any country in the European Union and worldwide. Shipping cost will be precised at the moment of ordering and depend on the products ordered and the country of destination.

Shipping delay starts once the order is fully paid. This delay is communicated on the shipping page. Any damage or anomaly regarding the products delivered (missing product, damaged product, etc.) shall be noticed briefly after delivery (max 3 days after delivery) and follow the conditions and information exposed hereafter:

Responsability

By no means shall OOTP be responsible for technical or hardware failure, loss of data resulting from the use of the OOTP web application. OOTP shall not be responsible for any inconvenience or damage arising from the use of its service or that of the Internet network, including a breach of service, external intrusion or the presence of computer viruses, which constitute a fortuitous event or force majeure.

OOTP is only bound by an obligation of due-care to give access to users to its Printing Service. OOTP’s responsibility cannot be engaged in case of non-significant difference between products images displayed on the website and ordered products. OOTP do its best to provide you with the best printing quality, however OOTP cannot gives warranty on color matching.

OOTP’s responsibility cannot be engaged in case of non-production of photographic works or bad execution of contractual service attributable to the client during order. The company cannot be held responsible, or considered as having failed to the present terms and conditions for any late delivery or non-execution of photography works ordered on OOTP if this is due to a force majeure case such as one defined by French Jurisprudence.

Right of Withdrawal

Photographic works realized with OOTP for clients result in photography or products made according to users’ specification and clearly personalized. As article L. L.121-20-2, 3° from the French consumption code precise: those products are not subject to the right of withdrawal.

Modifying Terms and conditions

Terms and conditions of use and sales can be modified at any time without further notice. OOTP reserves the right to stop service temporarily or permanently without notice. OOTP cannot be held responsible for any modification, suspension or disruption of service.

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