Effective: April 23, 2020
Please read these terms and conditions (the “Terms“) carefully as they contain the legal terms and conditions that you agree to when you use the Service (as defined below) provided to you by Corex Corporation Limited (“COREX” or “we”), through the web site https://www.photobuying.com (the “Site”).
By using the Service, you agree to be bound by these Terms. COREX reserves the right to amend these Terms at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the Terms as amended from time to time. These Terms constitute the entire agreement among you and COREX with respect to the subject matter hereof and supersede all other communications, written or oral, regarding the Service. If you do not wish to be bound by these Terms, please do not use the Service.
- The Service
COREX offers online photo printing service on photo products and accessories (the “Service”). You can access and use the Site to upload your own digital images and/or pictures and/or photos (the “Images”) in order to print those Images on photo tiles (the “Product”).
- Accuracy, Completeness and Timeliness of the Information
Although COREX makes reasonable efforts to ensure that all materials on the Site are correct, accuracy and integrity cannot be guaranteed, and COREX does not assume any responsibility or obligation for the accuracy, completeness or authenticity of materials on the Site.
COREX maintains the Site and uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, on occasions the Service will be interrupted for maintenance, upgrades and emergency repairs. Reasonable measures will be taken by COREX to minimize such disruption where it is within the reasonable control of COREX. COREX reserves the right to modify, suspend or discontinue the Service without prior notice. You agree that COREX shall not be liable to you for any modification, suspension or discontinuance of the Service.
You are prohibited from using any of the marks or logos appearing throughout the Site without written permission from the relevant trademark owner, except as permitted by applicable law.
You own the Images you upload to the Site and all intellectual property rights related thereto. COREX will use the Images only for the purposes of providing the Service. We won’t sell them, share them, or use them for anything other than getting your Product made and delivered to you.
For the purpose of receiving the Service, and as part thereof the Product(s), you are granting COREX the right to use the Images, per the below:
By submitting or uploading any user content and/or Images, you grant COREX and its successors a worldwide, limited, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, and print such user content and/or Images on the Product(s).
- Intellectual Property Rights of Others
We respect the intellectual property rights of others and request that our users to do the same. You agree not to upload and order any Images you don’t own, or any pornography or discriminatory content. There are lots of people involved in the printing and fulfillment process, so we can’t print any images with nudity or offensive content. We also can’t print Images you don’t own the copyright to them.
If you think your Images have been copied in a manner that constitutes copyright infringement, you may notify us using the Contact Us link at the bottom of the page.
The notification must include all of the following:
- a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- your name, address, telephone number, email address and all other information reasonably sufficient to permit COREX to contact you;
- a statement by you indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statutory declaration declared by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- External Links
COREX may provide links that allow you to link the Site to certain third-party web sites, such as Facebook. These links are provided for your convenience only. By doing so, you represent and warrant that you have the authority to provide COREX with access to account information related to such web sites, and to provide COREX with access to Images saved in such web sites. If you decide to access such websites, you do so at your own risk. COREX does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that COREX is not liable for any loss or damage that you may suffer by using such web sites. These terms do not govern your use of a third-party web site and different terms and conditions will apply to your use of any such web sites.
- User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site. You agree not to use the Site in any manner that might interfere with the rights of third parties.
- Fees and payment
Where applicable, in certain locations or countries, duties and / or taxes may be incurred. It is your responsibility to determine whether you are required to pay any applicable duties and / or taxes locally before purchasing the Product(s). COREX does not accept any responsibility for the calculation or collection of any applicable taxes.
If you are not satisfied with your order due to a mistake we have made or because your Product have arrived damaged, you may request a refund within 14 days after received your order by emailing us at firstname.lastname@example.org with a picture of the damaged Product. Subject to applicable law, we will not refund any amounts if your dissatisfaction with the Product is due to a mistake on your part or simply because you have changed your mind.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless COREX, and its respective parent company, subsidiaries, officers, directors, contractors, suppliers, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees and court costs, resulting from or arising directly or indirectly out of your use, misuse, or inability to use the Site, the Service, or the content, or any violation by you of these Terms, including any image uploaded to the Site or Service. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.
- Customer Feedback
COREX does not want to receive confidential or proprietary information from you via the Site. Any communication, comments, suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided to COREX in connection with the Service or content of this Site shall be considered non-confidential and non-proprietary.
You understand and agree that COREX shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Service. You further agree to execute any additional documents that become necessary for COREX to obtain, maintain, or exercise its ownership rights.
- Applicable Law and Jurisdiction
COREX is based in Hong Kong and, as such, the Service has been designed to comply with the laws of Hong Kong. The Terms and your use of the Service shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
These Terms constitute an agreement between you and us. A person who is not a party to this agreement shall not have any rights under the contracts (right of third parties) ordinance (chapter 623 of the Laws of Hong Kong) to enforce any term of this agreement.
- Disclaimer of Warranty and Limitation of Liability
The Service, the Site, the content, and all related products and services are provided by COREX on an “as is” and “as available” basis with no warranties whatsoever. COREX expressly disclaims all warranties of any kind to the fullest extent allowed by law, whether express or implied, including without limitation to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials associated with the Service are non-infringing; that access to the Service will be uninterrupted or error-free; that the Service will be secure; that the Service or the server that makes the Service available will be virus-free; that information associated with the Service will be complete, accurate or timely.
You understand and agree that the download or upload of any material through the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that may result in the download or upload of any material.
While we make reasonable efforts to print the Images on the Product(s) as similar to the respective Image as provided by you through the Site as possible, we do not make any warranties or representations in respect thereof. We do not represent or warrant that Product(s) will be of good quality or useful for your needs. We take no responsibility for the quality of the Product(s) or the use thereof by you or any other third party, nor do we take any responsibility for the transport of the Product(s) and/or any damage that may occur if you choose to attach, stick and/or re-stick the Product(s) on any surface and/or any other (physical) damage of any kind caused due to the Products, the attachment or detachment thereof by you or anyone else on or from any surface. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.
Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, we shall not be responsible for including without limitation to any direct, indirect, incidental, consequential, special, exemplary, punitive, any other loss or damages, including personal injury or death, resulting from the use or provision of the Service, the Site and all related products and services, even if Corex has been advised of the possibility of such damages.
In no event shall we or any of our directors, employees, agents be liable to you for any damages whatsoever arising out of or in connection with the use, inability to use , or performance of the Service, the Site and the Product(s) whether the damages are foreseeable and whether or not we have been advised of such damage possibilities. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall our maximum cumulative liability to you under any cause(s) of action (whether in contract, tort or otherwise) exceed the amount you have paid us in the twelve months immediately preceding the applicable claim or series of claims.
- Circumstances Beyond our Reasonable Control
We are not liable for delays in performance caused by circumstances beyond our reasonable control.
COREX may assign its rights and responsibilities hereunder without notice to you. COREX reserves the specific right to transfer the running of the Service to a third party. COREX’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, neither the legality, validity, binding effect or enforceability of the remaining provisions under that law nor the legality, validity, binding effect or enforceability of that provision under the law of any other jurisdiction is affected.
- How to Contact Us
If you have any comments or questions about these Terms or the Service, please contact us using the Contact Us link at the bottom of this page.