TERMS AND CONDITIONS
By using The Photobook Concierge's (herein referred to as "we," "our," or "us,") Website and purchasing our services, you agree to the following and are bound by all terms of this Agreement. Please note we reserve the right to change the terms of this Agreement, or to modify any features of our services at any time without notice to you. It is important to read through this agreement prior to each purchase you make. The most current version of the Agreement can be viewed at any time by visiting: www.thephotobookconcierge.com/termsandconditions.
We reserve the right at any time, and from time to time, to modify, discontinue, temporarily or permanently stop our services (or any part thereof) with or without notice.
While using our Website, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, to others' privacy rights or rights of publicity
- Impersonate any person or entity or use any fraudulent, misleading, or inaccurate email address, or other contact information
- Restrict or inhibit any other user from using any of our Website, including, without limitation, by means of "hacking" or defacing any portion our Website
- Violate any applicable laws or regulations
- Upload to, transmit through, or display on any of our Website, any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our intellectual property or other rights
- Engage in spamming
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website
- Display adult nudity or inappropriate child nudity
- Upload photographs of people who have not given permission for their photographs to be uploaded
If you fail to comply with the above rules, such failure will constitute a violation of these Terms & Conditions, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website and services.
When you visit The Photobook Concierge, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on this site, and/or on our social media platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR MEMBERSHIP ACCOUNT & SUBSCRIPTION
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our Website only with involvement of a parent or guardian. The Photobook Concierge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Here at The Photobook Concierge, we do the legwork so you don't have to. Thanks to our photobook product testing, we've chose what we believe are the best printers out there. In addition, we've selected what we believe are the best products (photobook sizes, covers, papers, etc). With our service we filter through, and edit, a certain number of your photos. Edited photos will be returned to you via a Dropbox link. We then lay out your very unique story, and e-mail you a digital proof of your photobook to the e-mail address you provided at checkout. Once you approve the proof (via email), we order the printing of your photobook (through a third party). We receive and personally review the photobook for the quality it deserves. Should any printing issues arise, we take care of it before you even see the final product. We ship you only a perfect photobook. In whole, we save you time, all while ensuring your memories are where they deserve to be - showcased in your home.
PAYMENTS & FEES
You agree that The Photobook Concierge reserves the right to charge for our services, and to change our fees at any time. You will be responsible for any applicable fees and shall pay such fees to The Photobook Concierge as set forth on the Website. You are required to provide accurate and up to date payment information. You must have the legal right to use any credit card(s) or other payment means used in any transaction. You may not use a false name with the intent of impersonating someone else. You agree to pay all charges incurred by you, or any users of your account, at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping charges. Free shipping, coupon codes, and discounts may be offered from time to time, which cannot be applied to past purchases. Coupons and discounts, when offered, may not be combined.
We do not hold or claim copyright to any of your images. By using our service you are agreeing that you hold the copyright to all photos you send to us. You are solely responsible for any copyright violations that you may incur as a result of your activities, and agree to hold The Photobook Concierge, and the third part(ies) in which the actual photobook printing is done, harmless of any copyright infringement, claims, causes of action, liabilities, damages, loses, injuries, expenses, and costs (including attorneys' fees), that arise directly or indirectly from The Photobook Concierges Agreement, and those terms and conditions listed on the respective photobook printing Websites. If you are wondering who we are currently printing through at any given time, and/or want to read their Terms & Conditions, please contact us.
Below outlines the types of images you may and may not send us, as well as permissions to use the photos you send us to use those images to create a photobook(s).
- You may NOT upload or send any images that are unlawful, threatening, defamatory, obscene, fraudulent, libelous, or abusive. We will NOT work with, edit, send to print, or do anything with these types photos, except delete them. The Photobook Concierge reserves the right to filter any content given to us, including deleting, as well as complying with any government and/or legal obligations.
- You agree that you have all the rights to the photos needed for the creation of reproductions, or derivative works of any images.
- You agree that all photos are your own, and do not infringe on anyone else's intellectual property.
- You agree to let The Photobook Concierge upload and create a photobook for you based on the images you send us.
- You understand that we provide estimates of how many photos will be in a photobook, but that they are just estimates. Every product is unique.
- You give The Photobook Concierge permission to use your images in order to edit and create a photobook for you.
- Ownership of images and videos remain yours, and you grant The Photobook Concierge and any third party we print your photobook through a non-exclusive, transferable, royalty-free, right and license, with right of sublicense to use, reproduce, distribute, create derivative works of, and publicly display as is reasonably necessary in order for The Photobook Concierge and any third party printing company(ies) to provide its service to you.
- You agree that you have obtained consent/permission of every identifiable individual who appears in images and/or videos used and can present such release/permission upon request, if needed.
- You agree that you have obtained consent/permission of any identifiable individual under the age of 18 that appears in the photos and/or videos from that individuals parent/guardian and can present such release/permission upon request, if needed.
Below outlines the agreement on the number of images you're sending us:
- We have provided a chart detailing the max number of photos to send us based on the photobook(s) you're purchasing here: www.thephotobookconcierge.com/how-many-photos-should-i-send. Please do not send more than the max number of images stated. Should you send more than max, you understand that we will narrow down the number of images to the max on your behalf.
- You understand that even within the max number of images we have you send, and our estimates, it is highly unlikely that every image will end up in the photobook(s). Every photobook is unique, and we do not guarantee your photobook(s) will have a certain number of images in them.
SENDING YOUR IMAGES
You may upload your images to us via Dropbox (we send you a link upon order confirmation), share an iCloud album with us, or mail us an USB, memory card(s), and/or hard drives. There are many ways we accept images. However, we will not accept any cameras or expensive photo equipment.
Your files are only as good as the original images. We are not responsible for the quality of your photos. You should send hi-res files of 300 dpi for the best results.
WE ARE NOT RESPONSIBLE FOR LOST IMAGES. PLEASE KEEP ALL ORIGINAL IMAGES. WHILE WE DO OUR BEST TO RETURN ANY USB, MEMORY CARDS, AND/OR HARD DRIVES, WE ARE NOT RESPONSIBLE FOR THE LOSS OR DAMAGE OF THEM. THE BEST WAY FOR YOU TO SEND US YOUR IMAGES IS ELECTRONICALLY.
You have up to one (1) year from the date on your order to send us your photos. Should we not receive them within the one (1) year timeframe your order will be canceled and no refund will be given, due to the fact that your spot for production was held for an entire year.
Basic editing is included as part of our service if the photo needs editing (some don't, but most do). We may make adjustments to white balance, exposure, tone, color, cropping, highlights, shadows, etc. If you do NOT want your photos edited, simply check the box at checkout and we will use the photos as is. We do NOT make any modifications to people (soften skin, enhance eyes, etc) unless you check that specific box upon checkout. Edits that are NOT included, and are made at an additional charge - to which you must purchase a custom listing, include - replacing parts of images, taking people out of a photo, thinning out a person, hair removal, glare removal, and other edits to that nature. These types of edits are discussed with the client prior to work. If you have questions about specific edits, please contact us prior to purchasing. More details on our editing can be found here. Unless you checked for us to not edit your photos upon checkout, we edit up to the amount of photos we had you send us (see the above section (re:IMAGES) for the max number of photos to send, or click here). If you send us more than the max number of photos, we narrow them down on our own and edit the ones we choose, up to the max amount of photos. You will receive the edited images back via a dropbox link for you to download. Dropbox links are valid for one (1) month from the date they are sent. After that they are no longer available and deleted. Please download them within the one (1) month time frame. We will not re-upload them after they are deleted. All editing is final and based on our discretion and unique artistic eye. Once an editing selection at checkout is made, and your order it placed, it cannot be changed.
You will be sent a PDF proof of your photobook prior to it being sent to print. At that time you can make any reasonable changes to your photobook. Photobook(s) will not be sent to print until the proof is "okayed" by you. Your proof is sent to the e-mail address you provided at checkout.
Reasonable vs. Unreasonable change examples can include:
Reasonable Changes Examples:
- Changing the title of your photobook on the cover and/or the spine, or adding a title if there isn't one. This includes the actual text, to the font type, and color.
- Changing the cover/back/spine background and/or image(s).
- Swapping images out in your photobook. For example, maybe now that you see your book laid out you realize you love a particular photo and you want it be featured in a larger spread. We can make that change.
- Switching the order of pages.
- Taking a photo out, switching it with a different one, or including one that didn't make the cut.
- Changing page background colors, and things of that nature.
Unreasonable Changes Examples:
- If you submitted images of a certain trip, event, etc, and we made the photobook for that, and then you decide you want the photobook to be of a completely different trip, event, etc.
- You found 100 more images from your trip after the photobook was made, and decide you want us to incorporate them.
- Deciding you want every photo captioned after the book was already made (we don't mind doing this, it just has to be discussed in advance).
Once you "okay" the proof, your photobook is sent to print. No changes can be made at that time. You are responsible for catching any errors, including spelling. ONCE A PHOTOBOOK GOES TO PRINT, NO CHANGES CAN BE MADE. Color displayed is dependent on your computer system and we cannot guarantee that your computer will accurately display colors used.
SHIPPING & RISK OF LOSS
We are no longer responsible for your photobook(s) after it leaves our studio. All US orders are shipped via UPS, insured for the amount you paid, and include tracking. All items purchased from The Photobook Concierge are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
CARING FOR YOUR PHOTOBOOK(S)
As a courtesy, here are some general care instructions for your photobook(s). As a reminder, we are no longer responsible for your photobook after it leaves our studio. Your photobook(s) are printed on photo paper, which means the same care should be taken when handling your photobook as you would handling a physical photograph. There are natural oils on skin that can ruin a photo over time. While there is protective coatings on the pages, it's a little different than being stored safely behind glass, like a photograph is. Keeping your photobook in a high traffic area can also cause it to wear quicker (i.e. think about it being out in the open with a baby around, drinks, a group of people during a party, etc). Optimal storing would be to keep it out of direct sunlight or heat, as that can cause pages to stick. It's also best to store at room temperature, and not in a basement or attic. Like most books, storing flat is best for the spine.
You have 24 hours from when your order is placed to cancel for a full refund. After that, your slot is reserved. This is to ensure all photobooks get completed in a timely manner, and so that we don't take on more than we can handle. Should you want to cancel after the 24 hours we still have a few options for you.
If you HAVE already sent us your photos and wish to cancel:
- After 24 hours, but before you receive your proof, a refund minus 25%, 50%, or 75% will be given, depending on where we are in the process. Any edited photos that have been completed up until this point (if any) will be returned to you.
- Should you wish to cancel once you receive your proof, all edited photos will be returned to you, but no refund will be given. At this point it's worth it just to get your photobook.
If you have NOT sent us any photos and wish to cancel:
- Up to the end of five (5) months after your order date: Refund, minus 25%.
- Six (6) months to the end of eight (8) months after your order date: Refund, minus 50%.
- Nine (9) months to under one (1) year from your order date: Refund, minus 75%.
- One (1) year+ from your order date: No Refund, and your order is automatically cancelled. At this point we've already held your slot for a year.
You have up to one (1) year from your order date to send us photos. Should you need more time, or other circumstances arise, simply contact us for details on applying a credit to a future order. You MUST contact us within the one (1) year time frame - from your order date - in order for us to extend a credit towards a future order.
REFUNDS AND EXCHANGES
Due to the custom nature of our services, no refunds are given, nor are exchanges issued. There should be no surprises with what you receive, given you are able to proof your photobook prior to it going to print. In addition, we quality check every product before it is shipped to you. If for some reason you are unhappy, please contact us within 7 days of receiving your product (we go by the date on the tracking) to discuss what options you may have. If it is a manufacturer defect that we somehow missed, we ask you to send us a picture of the defect, as well as ship it back to us (we will provide the return shipping label). This MUST be done within 7 days of receiving your product. If it is past 7 days there is absolutely nothing we can do. WE ARE NOT RESPONSIBLE FOR ANY MISHAPS THAT OCCUR ONCE THE ALBUM LEAVES OUR STUDIO. IF SHIPPING DAMAGE SHOULD OCCUR, PLEASE TAKE THAT UP WITH UPS. WE ARE NOT RESPONSIBLE FOR AND WILL NOT PROVIDE REPLACEMENTS FOR CLIENT INITIATED PRODUCT DAMAGE, INCLUDING NORMAL WEAR-AND-TEAR, UNUSUAL HANDLING OR TREATMENT, ETC.
A reprint of an exact photobook(s) you already had made through us may be available at a discounted price. After one (1) year from the date your product was shipped, we may no longer have the files and would have to start from scratch, so please inquire about reprints and options as soon as possible.
All content provided on this website is for informational purposes only. The Photobook Concierge makes no representations as to the accuracy or completeness of any information on this site, or found by following any link on this site. The Photobook Concierge will not be liable for any errors or omissions in this information, nor for the availability of this information. The Photobook Concierge will not be liable for any losses, injuries, or damages from the display or use of this information or its services. The Photobook Concierge attempts to be as accurate as possible when describing it's services. However, The Photobook Concierge does not warrant that product descriptions or other content of this site is error-free.
WARRANTIES AND LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY THE PHOTOBOOK CONCIERGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PHOTOBOOK CONCIERGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PHOTOBOOK CONCIERGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PHOTOBOOK CONCIERGE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE PHOTOBOOK CONCIERGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PHOTOBOOK CONCIERGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, PRODUCTS, OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
By visiting The Photobook Concierge, you agree that the laws of the state of New York, United States, without regard to principles of conflict of laws, will govern these Terms & Conditions, and any dispute of any sort that might arise between you and The Photobook Concierge or its associates. The Website is controlled and operated from the United States. The Website is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. Those who choose to access this Website do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations.