Terms & Conditions of Use

These Terms and Conditions of Use establish rules for use of the website www.photo2post.com (“Website”) and the application Photo2Post (“Application”) by visitors and users of the Website as well as of the dedicated areas and/or sections thereof restricted to registered users. The Website and the Application are the property of PHOTO2POST S.r.l. (VAT reg. no. 12107710969), having its head office in Milan (MI), via Washington 13, 20146 and registration no. in the Business Register of MILAN MONZA BRIANZA LODI no. MI-2641118.

Before proceeding to access and/or use the Website and Application, please carefully read these Terms and Conditions of Use, which apply for all visitors and/or users of the Website and Application. Your continued navigation or use of the Website and Application will be considered implicit confirmation of your acceptance of these Terms and Conditions of Use.

1. CHANGES TO THE TERMS AND CONDITIONS OF USE

1.1 PHOTO2POST S.r.l. reserves the right to amend or simply update these Terms and Conditions of Use, in whole or in part. Users will be notified of any changes and updates of the Terms and Conditions of Use on the Home Page of the Website and Application as soon as they are adopted and they will be binding as soon as they are published on the Website or Application. Users should therefore periodically read the Terms and Conditions of Use in order to remain constantly acquainted with the conditions applied. It is noted that use of the Website and Application by users after the Terms and Conditions of Use have undergone amendment will imply acceptance of the modifications introduced.

2. THE WEBSITE, APPLICATION AND THEIR FEATURES

2.1 Via the Website and the Application, PHOTO2POST S.r.l. promotes and provides information about the photo retouching services provided to users.

2.2 In some sections of the Website and Application, visitors and/or users may be requested to register and/or set up a personal account by entering their data in order to be able to use and purchase the services offered, be included in specific mailing lists and/or receive newsletters about the services and initiatives offered by PHOTO2POST S.r.l.. Where appropriate, those sections of the Website and Application will be subject to special terms and conditions and user consent may be specifically requested.

3. REGISTERING AND CREATING A PERSONAL ACCOUNT

3.1 In order to access the services and certain functions of the Website and Application, you will be asked to provide some data and it will be up to you to ensure that they are accurate and up to date. If you create an Account, you will be responsible for all of the activities conducted through that Account unless you notify us and/or demonstrate that the Account has been used fraudulently by third parties. It remains understood that you will be directly responsible for the confidentiality of your login data and preventing third parties from using your login data and/or your Account without your prior consent.
PHOTO2POST S.r.l. may cancel or suspend your Account at any time without notice if we reasonably believe that you or any third party is using or uses your Account in violation of these Terms and Conditions of Use. You may cancel your registration and your Account at any time by accessing your profile area.

4. USE OF THE WEBSITE AND APPLICATION BY USERS

4.1 Users and visitors will be permitted to use the Website, the Application and the content thereof exclusively according to these Terms and Conditions of Use and the applicable provisions of law.

4.2 Users and visitors acknowledge and accept that they may neither directly, nor assist third parties to:
​a) copy, reproduce, publish, distribute, upload, encode, modify or licence all or part of the Website, the Application or ​the content thereof;
​b) access or use the Website and Application or the content thereof for any commercial or advertising purposes or for illegal or ​unauthorised purposes;
​c) use any automatic or manual process to reproduce, in any way, the structure or appearance of the Website, the Application or ​the content thereof;
​d) use any device, software, mechanism or other technology with the aim of interfering with the proper functioning of the Website or ​Application.

4.3 PHOTO2POST S.r.l. reserves the right to interrupt or suspend your use of or access to the Website and Application without notice if we reasonably believe that you have breached the Terms and Conditions of Use.

5. COPYRIGHT

5.1 By way of non-exhaustive example, the Website, Application and the pages making them up, the technologies, platform, ideas, logos and trademarks present on the Website and Application, the graphic design, texts, audio/video files, photographs, images, drawings, scripts and more in general all other creative work connected to the Website, Application and services are the exclusive property of PHOTO2POST S.r.l. and as such may not be reproduced, used or represented by users, except in cases where this is expressly authorised and within the limits in which it is authorised.

5.2 The user is granted a non-transferable right to use the Website, Application and/or any services offered, this right being limited to private, non-commercial use.

5.3 Any feedback, comment, suggestion and idea sent by the user to PHOTO2POST S.r.l. with reference to the Website or Application will be considered non-confidential and non-proprietary. PHOTO2POST S.r.l. reserves the right to use such content free of charge and without limitations and, in particular, by way of non-exhaustive example, PHOTO2POST S.r.l. may store, file, reproduce, publish, disclose, display, edit and translate said content.

6. PRIVACY

6.1 In order to enable you to enjoy or access certain sections or functions of the Website and Application, including the dedicated areas restricted to registered users, you may be asked to provide some personal data about yourself. The activities of processing personal data you provide to PHOTO2POST S.r.l. via the Website and Application are completely described in our Privacy Policy [https://photo2post.com/privacy-policy]. To find out about our practices in respect of privacy policy, please consult Privacy Policy.

7. LIMITS OF LIABILITY

7.1 Despite being committed to using the best technology we are aware of and the best available resources, PHOTO2POST S.r.l. cannot guarantee the functionality of the Website and Application. Therefore, PHOTO2POST S.r.l. may in no case be held liable for delays or malfunctions in the performance of the Website or Application which are the result of events beyond its reasonable control, e.g. (i) force majeure events; (ii) events attributable to facts relating to third parties, simply by way of example: the interruption or malfunctioning of third-party services.

7.2 In the event of an interruption in the functions of the Website and Application, PHOTO2POST S.r.l. will undertake to restore functionality as quickly as possible. In any case, PHOTO2POST S.r.l. cannot be held liable for malfunctions due to defects in the devices essential for access, improper use of the same and/or of the methods for accessing the Website and Application. Furthermore, PHOTO2POST S.r.l. may in no case be held liable vis-à-vis the user or third parties for unearned profit or revenue, nor for any other loss of income or indirect consequential damage connected to use of the Website or Application.

8. APPLICABLE LAW AND JURISDICTION

8.1 These Terms and Conditions of Use shall be interpreted according to and governed by Italian law.

8.2 Any disputes arising between PHOTO2POST S.r.l. and users in relation to and connected to the use of the Website and Application shall fall within Italian jurisdiction. The Court of Trieste shall have exclusive competence if the user is not a “consumer” within the meaning of the Consumer Code, Photo2Post S.r.l. - Via Washington 13 - 20146 Milano - C.F. 12107710969 whereas competence shall lie with the Court having jurisdiction in the place where the user resides if the latter is a consumer within the meaning of the Consumer Code. For the sake of completeness, the user/consumer is hereby informed that, in the event of a dispute, he or she may submit a complaint, pursuant to Art. 14 of Regulation 524/2013, through the ODR platform of the European Union, accessible via the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes a point of access for users/consumers who opt for out-of-court resolution of disputes arising from online sales or service contracts. In such an eventuality, the contact address of PHOTO2POST S.r.l. is the following: photo2postsrl@pec.it

9. GENERAL PROVISIONS

9.1 Should any of these Terms and Conditions of Use be deemed unlawful, invalid or inapplicable, it shall be amended to the minimum extent necessary to make it lawful, valid or applicable and the remaining terms and conditions shall maintain full validity and effectiveness.