Terms of Service

INTRODUCTION

Photokeeps Inc. (hereinafter referred to as “Photokeeps,” “we,” “us,” “our”) provides its online, collaborative publishing services to you through its website located at www.photokeeps.com.ph (the "Site"), subject to these Terms of Service (“Terms of Service” or “Agreement”). By accessing or using our service (hereinafter referred to as “Service,” you (the “User”) agree that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member ("Member") of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without notice. If we do this, we will post the changes to these Terms of Service on our Site and will indicate at the top of the Terms of Service the date they were last revised. Any new Terms of Service are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.

Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.

ELIGIBILITY

By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void where prohibited.

TERM

This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your account and end your membership at any time, for any reason by contacting support@photokeeps.com.ph. Photokeeps may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Photokeeps information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Photokeeps will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.

FEES

You acknowledge that Photokeeps reserves the right to charge for Services and to change our fees from time to time in its discretion, upon posting such policy on the Service. Thereafter, upon using our Services, you will be responsible for the payment of any applicable fees as set forth on the Service.

CONDITIONS OF SALE

Order Policy

Receipt of an electronic order or other form of order confirmation by no means signify Photokeeps’ acceptance of your order, nor does it constitute confirmation of our offer to sell. Photokeeps reserves the exclusive right at any time after receipt of your order, to accept or decline your order for any reason. Photokeeps also reserves the right at any time after receipt of your order and without prior notice to you, to supply less than the quantity you order for any time. Your order is deemed accepted by Photokeeps upon our delivery of products that you have ordered. We may require additional verifications or information before accepting any order.

Credit Card Terms

To order any books or other products, you will be required to give us a valid credit card number (VISA, MasterCard, or any other issuer then accepted by us) and associated payment information at the time you order books or any other products hereunder, including all of the following:

  • Your name as it appears on the card
  • The credit card type
  • The date of expiration of your credit card
  • Billing address
  • Any activation numbers or codes needed to charge your credit card.

Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Photokeeps invoices the credit card for all amounts due and payable. By providing Photokeeps with your credit card number and associated payment information, you agree that Photokeeps is authorized to immediately invoice your account for all fees and charges due and payable to Photokeeps as a result of your purchase of any books or other products. You agree to immediately notify Photokeeps of any change in the credit card used for payment hereunder or in any associated information via email at support@photokeeps.com.ph.

Other Payment Methods

Photokeeps accepts payments via debit cards ((VISA, MasterCard, or any other issuer then accepted by us), BancNet e-shopping internet banking, over-the-counter payments at 7-Eleven outlets, and other payment options then made available by us. These payment options will have an on-top fee, the amount of which will be indicated in the billing details when you choose your payment method.

Photokeeps accepts payments via debit cards ((VISA, MasterCard, or any other issuer then accepted by us), BancNet e-shopping internet banking, over-the-counter payments at 7-Eleven outlets, and other payment options then made available by us. These payment options will have an on-top fee, the amount of which will be indicated in the billing details when you choose your payment method.

Your debit card issuer agreement and/or BancNet Online agreement govern your use of your designated debit card, automated teller machine (or ATM) card, and BancNet e-shopping internet banking facility. You must refer to those agreements and not this Agreement to determine your rights and liabilities as a cardholder and user of the associated internet banking facility.

By placing a payment order, you warrant that all data provided by you is accurate. If you discover that you have made a mistake with your payment order, please contact us through email at support@photokeeps.com.ph.

Upon payment, you will receive a payment notification via email indicating the actual status of the payment made.

Photokeeps reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.

Fees and Charges

All prices are in Philippine peso and payment must accompany each order. There is no charge for browsing or accessing the Site. Prices, products and services offered are subject to change without prior notice from time to time at our discretion upon posting by Photokeeps on its website(s). Please refer to our product price list for complete listings.

You hereby agree to pay all fees and charges incurred in connection with your orders which include without limitation taxes, shipping fees, convenience fees for non-credit card payment options, value-added taxes, etc. For credit/debit card transactions, we reserve the right to refer to your credit card provider. Photokeeps will not be held liable for any losses you may suffer as a result of unauthorized use of your credit or debit card by any other party. An electronic sales order confirmation will be sent to your email address once your order has been captured into our system.

Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days, or unless otherwise stated. During this period and until the balance amount is paid in full, Photokeeps may send a notice to the customer's email address to inform of the balance due. If the balance due is not paid within the said period, Photokeeps may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.

Disputes

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address:  support@photokeeps.com.ph. If Photokeeps does not receive payment from your credit card issuer, you are obliged to pay all amounts due upon demand by Photokeeps.

Photokeeps will not be held liable for any discrepancy, error in processing, or any event attributable to the negligence, system or processing errors undertaken by the above-mentioned institutions offering the other payment methods. In case of dispute regarding the charges made, the user shall direct such concern or issue to the concerned institution which has processed the payment.

Delivery of Products

All products or prints will be delivered to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Terms of Service, and entirely at the discretion of Photokeeps.

Force Majeure

A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature or any “acts of God.”

Returns

All sales are subject to Photokeeps’ then-current return policies, as posted on the Returns page.

Vouchers

Promotional vouchers, in the forms of codes, may be issued by us from time to time during certain promotions. Gift certificates may also be purchased from the Website. These vouchers and gift certificates may be used as payments for items purchased on the Site.

We may email gift certificates and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient. We assume no liability for the loss, theft or ineligibility of gift certificates or promotional vouchers.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a voucher purchase or redemption of that voucher or gift certificate on the Site, we are entitled to close your Account and/or require a different means of payment.

Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once, and cannot be used in conjunction with other promotional vouchers. If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you. The credit of a promotional voucher does not accrue interest nor does it have a cash value. If the credit from your voucher is insufficient for the Order you wish to make, you may make up the difference through payment.

You may purchase gift certificates for use on the Site by you or other Customers. These gift vouchers will be sent by email. Gift certificates cannot be used to buy further gift certificates. The credit of a gift certificate does not accrue interest nor does it have a cash value. An order for a gift certificate cannot be cancelled after it has been purchased even though it has not yet been redeemed. A gift certificate is considered to have been redeemed if it has been used as payment in placing an Order. If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment. You may use as many gift certificates as you wish in paying for an Order, and gift certificates may be used in conjunction with one promotional voucher per Order.

Voucher and gift-certificate redemption procedure is posted on the Voucher & Gift-Certificate Redemption page.

PASSWORD AND ACCOUNT SECURITY

When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use or attempt to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at support@photokeeps.com.ph.

MEMBER CONDUCT

You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by your or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service. In addition, you agree not to use the Service to:

  • upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another; or
  • create a false identity on this Service.

PROPRIETARY RIGHTS

All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Photokeeps or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Photokeeps' prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation other than with share features offered on our website. Any other use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Service are the sole property of Photokeeps or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Photokeeps under a separate agreement.

MEMBER CONTENT POSTED ON THE SERVICE

You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You understand and agree that Photokeeps may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of Photokeeps violates this Agreement or for any other reason.

By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Photokeeps an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the foregoing.

LINKS TO OTHER WEB SITES

The Service contains links to other web sites. Photokeeps is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Photokeeps. If you decide to access these third-party web sites, you do so at your own risk.

SOCIAL NETWORKING SERVICES

We may permit you log in to the Service via various online third party services, such as social media and social networking services like Facebook ("Social Networking Services"), and we may ask you to authenticate, register for or log into Social Networking Services through their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with this Terms of Service. For more information about the implications of activating these Social Networking Services and Photokeeps’ use, storage and disclosure of information related to you and your use of such services within Photokeeps (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Photokeeps shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Photokeeps is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Photokeeps is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Photokeeps enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

MEMBER DISPUTES

You are solely responsible for your interactions with other Photokeeps Members. Photokeeps reserves the right, but has no obligation, to monitor disputes between you and other Members.

PRIVACY

Photokeeps cares about the privacy of its Members. View our Privacy Policy

AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY

While we endeavor to make the Website available 24 hours a day, we cannot be liable if, for any reason, the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.

We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.

We may change or update the Website and anything described in it without notice to you.

While we endeavor to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Website available to people who use the appropriate password.

The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.

DISCLAIMERS

PHOTOKEEPS IS NOT RESPONSIBLE FOR ANY MEMBER CONTENT, INCLUDING MEMBER CONTENT THAT VIOLATES THIS TERMS OF SERVICE OR IS OFFENSIVE, INCORRECT OR INACCURATE, WHETHER SUCH CONDITION IS CAUSED BY USERS OF THE SERVICE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. PHOTOKEEPS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. YOU UNDERSTAND THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME. PHOTOKEEPS DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. PHOTOKEEPS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. PHOTOKEEPS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL PHOTOKEEPS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND PHOTOKEEPS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOKEEPSCANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL PHOTOKEEPS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF PHOTOKEEPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PHOTOKEEPS’ LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO PHOTOKEEPS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP OR ONE THOUSAND PHILIPPINE PESOS (Php1000).

GOVERNING LAW AND VENUE

These Terms and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Philippines law. You also agree to the exclusive jurisdiction and venue of the courts of the Paranaque City, Metro Manila and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

You submit to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.

INDEMNITY

You agree to indemnify and hold harmless Photokeeps, its subsidiaries, affiliates, officers, agents, partners and employees, from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.

OTHER

These Terms of Service constitute the entire agreement between you and Photokeeps regarding the use of the Service, superseding any prior agreements between you and Photokeeps relating to your use of the Service. The failure of Photokeeps to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Photokeeps may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you consent to us contacting you via email or other electronic means. To opt out of receiving electronic communications, you may choose to unsubscribe or write us at support@photokeeps.com.ph.

Acceptance of Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. Photokeeps reserves the right, at our sole discretion, to update or make modifications to this Terms of Service from time to time without prior notice. The date of modification will be reflected at the top of this page.

Copyright Information

Copyright © 2017. All Rights Reserved. The logos and trademarks displayed on the Website and/or products are the sole property of Photokeeps. Usage of these marks is strictly prohibited. Photokeeps also reserves the right to print their logo on a limited number of products.

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