Terms and Conditions

Terms and Conditions

1. Acceptance of orders

All orders are accepted according to these terms and conditions. By using the Studio22 Album Maker Software, website or Studio22 Online you accept these terms and conditions.

After processing an order, the uploaded file is only kept on the Studio22 Photobook server for a period of three (3) weeks. This is done in case there is a need to check a file in respect of any quality related issues.

2. Copyright and content

All material and software belong to Studio22 Photobooks. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the Studio22 Photobooks web site.

Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Studio22 Photobooks also state that The Customer cannot use explicit language or pornography on printed materials and merchandise.

Studio22 Photobooks reserves the right to not print any photobook or product that it deems as explicit or obscene. Studio22 Photobooks will not refund monies paid for these products.

The Customer is responsible for the content of their product/s that they submit to Studio22 Photobooks for printing. Studio22 Photobooks does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Customer must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading or submitting, in any way, type of form a product to Studio22 Photobooks. The Customer is responsible for all possible consequences of unlawful use of protected data. The Customer must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Customer will be subject to the legal provisions of South Africa and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in South Africa.

Recognizing the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable content. Studio22 Photobooks does not control the content posted by The Customers and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances will Studio22 Photobooks be liable to The Customer in any way for any content, The Customer may be exposed to or that The Customer may find offensive, indecent or objectionable. Products and services are provided for The Customers personal use only. The Customer agrees to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

The Customer acknowledges that Studio22 Photobooks does not pre-screen content, but that Studio22 Photobooks and its designees shall have the right (but not the obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Customer further acknowledges and agrees that Studio22 Photobooks may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Studio22 Photobooks, its users and the public.

3. Use of the Software

The Studio22 Album Maker software may only be used to compose and order a photo product offered by Studio22 Photobooks. The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law.

4. Liability

Studio22 Photobooks can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the South African Post Office or Studio22 Photobooks couriers to locate and deliver the product to The Customer. Studio22 Photobooks is not responsible for 3rd party shipping errors, omissions or damaged shipments.

Studio22 Photobooks cannot be held responsible in any way for the quality of the photographs placed by The Customer into the products offered. It is for The Customer to ensure and determine that the quality of photograph taken and placed into the product is suitable before ordering and uploading the file to Studio22 Photobooks.

Studio22 Photobooks takes no responsibility for the colour of covers represented by a swatch block and description in the website as they act as a guideline only.

Studio22 Photobooks shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed.

The Customer shall indemnify Studio22 Photobooks against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Studio22 Photobooks gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Studio22 Photobooks be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.

The Customer agrees to indemnify and hold Studio22 Photobooks, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content The Customer submits, posts to or transmits through the use of the Studio22 Photobooks service, The Customers use of the Service, The Customers connection to the Service, The Customers violation of the terms of service, or The Customers violation of the rights of a third party.

5. Delivery time

All orders are normally delivered within fifteen (15) working days after the payment of an order has been received. Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond Studio22 Photobooks control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation.

6. Guarantee

Complaints regarding Studio22 Photobooks services or the quality of the products must be made in writing and received by Studio22 Photobooks within seven (7) days of receipt of your print product. In order to receive replacement Customer must return the received product within 30 days (on their own expense) from the time when the ordered product delivery was taken.

Terms and Conditions May 2013 update

For the formal legal outline of this website, please see our Policies page

Due to the large variety of options we offer it is essential we clearly define these terms. As much as you dislike unwanted surprises, we would prefer not to be put in a situation that would cause either of us to experience loss or embarrassment.

For this reason we have a lengthy breakdown of all relevant services. If you do not find a clear reference to something you are looking for, please let us know and we will ensure it is added.

Coffee Table Book and Storybook album – Terms and Conditions

Design:

Regarding items that are pre-calculated and include design, eg, Thanks you cards, Business Card, Menus etc.

The client is required to complete and sign the order form in–store or send all the relevant details in an e-mail for our design team to produce a proof. The fee includes the first layout, printing of the first proof and printing of the complete set of prints. If any changes are required, this is an additional artwork fee. Additional proof prints are not included and will also be charged at the standing print rate.

Studio22 Album Maker submissions:

We reserve the right to stop or place on hold, any order we believe may be rejected for any reason whatsoever. This stop or hold may take place at any stage in the production process in which we find or notice any irregularity that may negatively affect the final product or the Studio22 brand. The client will be contact via e-mail within 24hours.

Examples: If the cover image does not fully cover the template or appears ‘off balance’. If pages inside the book appear to have errors in layout that in the past have caused books to be reprinted. This is left entirely at the discretion of the staff members involved in the printing and binding of photo books and products at Studio22. Studio22 cannot be held liable for any losses that may be related to this delay in any whatsoever.

CD and DVD printing:

If you supply your own printable CD or DVD’s, although you only pay for the printing you receive, we can not be held liable for errors during printing. This includes printing errors, scratches to discs, printing marks due to fingerprints, ink failure, misalignment, etc. You will be required to supply additional discs or we will invoice discs at our standard fee. If a sealed set of discs are purchased from Studio22, you will receive the full amount ordered, errors will be reprinted by Studio22 at no additional fee.

Design – Copyright:

Copyright applies to all artwork produced by Studio22. This includes Coffee Table Books, Storybook albums, any border created for school packages, presentation borders or sport event and all Special borders produced at Studio22. Any photographer who reproduces borders, bookmarks or desk calendars designed by Studio22 will be held liable for copyright infringement along with the designer who copied the design.

Quotations:

Please request a written quotation. It is a strict policy that we only honour valid Studio22 written quotations. We will gladly write or e-mail you a valid quotation. You are welcome to request verbal information but financial agreements must be put on paper. This relates to all products and services offered by Studio22.

ICC Profiles:

The use of any ICC profiles whether supplied by Studio22 or elsewhere are used at own risk. There is no guarantee whatsoever that any image on a display (calibrated or otherwise) will match a final print through any of our printers. We suggest test prints be made for accurate colour projects. This applies to screens and displays on Studio22 property or elsewhere.

Warrantee:

Free delivery or collection is not included in warrantee repairs or replacements. This applies to courier costs for any item sent too or from Studio22.

Courier and postage:

Our prices do not include postage. Please request insurance if it is required. CoffeeTableBooks.co.za, Studio22, Colin Sunkel Photography or any staff member, do not accept responsibility or liability in any why whatsoever for any damage to products once they leave our property.

We reserve the right to make changes to these Terms & Conditions at any time without prior notice whatsoever. The changes will be displayed on this site. Please be sure to refresh your pages as our website is update regularly.

Please do not hesitate to contact us if you have any questions.

“If in doubt, give us a shout!”

Thank you

The Team

Studio22