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PRINT@KODAK NETWORK SERVICE TERMS AND CONDITIONS

By using the Print@Kodak Network and accessing any page of the Kodak Gallery (http://www.kodakgallery.co.in) and/or the Kodak Mobile website (http://www.kodakmobile.co.in), you expressly agree to be bound by these terms and conditions without limitation or qualification. If you do not accept these terms and conditions, please immediately discontinue your access and/or use of the services.

REGISTRATION
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. We will use the information you provide to us in accordance with our Privacy Policy.

LICENSE
By uploading or transmitting photographs and any other images ("Photographs") on to the Print@Kodak Network, you grant Kodak, its affiliates and any third party selling products and services through the Print@Kodak Network, a limited, royalty-free, non-exclusive, worldwide license to use, adapt, copy and display the Photographs within the location set up for you on the Kodak Gallery website.

PRIVACY
Kodak values your privacy. Please review the Print@Kodak Network's Privacy Policy. The terms of Print@Kodak Network’s Privacy Policy are considered part of, and are incorporated into, these Terms of Service.

COPYRIGHTS
Kodak respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact Kodak India Pvt Ltd, Kalpataru Synergy, 3rd Floor, Opp Grand Hyatt, Off Western Express Highway, Vakola, Mumbai 400055. You must provide Kodak (Attention: The Product Manager] with the following information, which Kodak may then forward to the alleged infringer:
  • Describe the copyrighted work that you believe has been infringed;

  • Identify the material on the Kodak Gallery site that you believe infringes your work, with enough detail so that we may locate it ;

  • Provide your address, telephone number, and email address;

  • Provide a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

  • Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner; and,

  • Provide your physical or electronic signature.

    • Upon receiving your complaint, Kodak may remove content that you believe infringes your copyright. In addition, Kodak may terminate the account of the member who appears to be infringing your intellectual property rights. http://www.kodakgallery.co.in claims no ownership rights in any image contained in any of your photo albums. Please note, however, that when you share a photo album, you allow the recipients of that album to share and make photographic prints from the images contained in that album.
    Kodak or its agents claim no ownership rights in any image contained in any of your photographs. For the sole purpose of fulfilling any orders you make, you grant to Kodak and its agents a non-exclusive, royalty-free license to use, copy, distribute, and display those images.

    YOUR CONDUCT

    You are responsible for all of the images you upload, share or copy using the Print@Kodak Network service. You must have the legal right to display each image that you upload or share, and to copy each image that you order prints of. Professional images that are provided to you by professional photographers or made available through websites magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using this service. You may not upload, post or transmit on to http://www.kodakgallery.co.in any Photographs or any other information which:

    (a) contain material that is unlawful, threatening, abusive, libelous, defamatory, racially or ethnically offensive, obscene, vulgar, pornographic, profane or indecent, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or
    (b) violate or infringe upon the rights of others, including privacy, moral or publicity rights, copyright, trademark or other proprietary rights without first obtaining permission from the owner or right holder.

    In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order) through the use of the Print@Kodak Network service. As condition of your use of this service, you shall not:
  • Upload, post, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;

  • Upload, post, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;

  • Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;

  • Upload, post, email or otherwise transmit 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;

  • Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;

  • Use this service for the purpose of making images available for viewing to the general public;

  • Provide any information to http://www.kodakgallery.co.in that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.


    • You understand that Kodak does not control the content of your album and has no obligation to monitor the Photographs stored in your photo album on the Kodak Gallery for any purpose. All content provided by you of this service is your sole responsibility, not of Kodak. However, Kodak reserves the right at all times to review the Photographs, information or contents, disclose the same as necessary to satisfy any law, regulation or governmental request or when it is necessary to do so to protect the rights or property of Kodak or others, refuse to post or transmit the Photographs, information or contents, and remove any of these insofar as they are found to be, in Kodak’s sole discretion, objectionable or in violation of this Agreement.
    You will be responsible for the Photographs, contents and statements made by you and indemnify Kodak from any claim, action or proceeding arising from any material that you upload, post or transmit. You also agree to waive any right which you have or may have against Kodak, its employees, officers, agents and/or representatives arising out of any Photograph, information or contents posted or transmitted by any user of http://www.kodakgallery.co.in, whether such information or content is regarded as objectionable or inappropriate or in violation of any of your rights under India, foreign or international law.

    TRADEMARKS AND COPYRIGHT
    http://www.kodakgallery.co.in and all graphics, logos and service names used to identify Kodak's products and services are trademarks of Kodak or its parent company, Eastman Kodak Company. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark. You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

    UPLOADING OF PHOTOGRAPHS
    Presently, you may choose to upload your Photographs to your photo album(s) on http://www.kodakgallery.co.in through the Internet or using media messaging service (MMS) on certain wireless telecommunication devices (e.g. personal digital assistants or mobile phones). Kodak may, from time to time, offer other methods to upload Photographs. You agree and undertake to be bound by and to comply with any and all conditions that Kodak may additionally impose in respect of any new uploading method.

    STORAGE OF PHOTOGRAPHS
    http://www.kodakgallery.co.in provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your http://www.kodakgallery.co.in account. To maintain free storage, you (or someone you've shared an album with) need to avail yourself of the Print@Kodak service at least once every 12 months (the 12 month period will restart with each use of such service). If you (or someone you've shared an album with) do not use such service for a period of 12 months, http://www.kodakgallery.co.in may delete the images stored in your account. In addition, if your account becomes inactive for a period of 24 months, http://www.kodakgallery.co.in may, at its option, terminate access to the account altogether (including deletion of any account information held by http://www.kodakgallery.co.in ). http://www.kodakgallery.co.in may change this policy at any time, upon reasonable notice to you.
    Upon acceptance of your user registration form, you will be allocated storage for 500 images (or such other amount to be determined by Kodak from time to time) of storage space for your digital photo album on Kodak Gallery and if you have requested for access to a mobile photo album, you will be allocated 2 MB (or such other amount to be determined by Kodak from time to time) of storage space for your mobile photo album. Once you have reached the specified storage limit for either your digital photo album or mobile photo album, Kodak's systems will not permit any further uploading of Photographs. You agree and acknowledge to store your Photographs in your photo albums for a maximum period of 30 days from uploading thereof, and if you fail for any reason to remove your Photographs on the expiry of the maximum period, Kodak may, at its sole discretion, and without further notice or liability to you, remove the same from your photo album(s).
    Further, upon your request, Kodak may, at its discretion, grant you a “memory booster” which will give an additional 50 MB (or such other amount to be determined by Kodak from time to time) of storage space in your digital photo album. You agree to store your Photographs using the memory booster in your digital photo album for a maximum period of 30 days from uploading thereof, and if you fail for any reason to remove your Photographs on the expiry of the maximum period, Kodak may, at its sole discretion, and without further notice or liability to you, remove the same from your digital photo album.
    Presently, your Photographs need to be in JPEG (.jpg) format and the size of each Photograph must not exceed 3 MB. Uploading time will vary, depending on your internet connection speed and internet traffic. A guide is provided on the picture upload page of http://www.kodakgallery.co.in to direct you on how to convert your Photographs into JPEG format. Kodak may, from time to time, require other formats and sizes and impose conditions in respect of the use of other formats and sizes.

    FEES
    Kodak does not presently charge fees for use of any service offered on Kodak Gallery and Kodak Mobile save for printing charges of your Photographs via the Print@Kodak Network service. Kodak further reserves the right to subsequently charge a fee for the storage of your photographs at http://www.kodakgallery.co.in and/or change the above storage limits at any time in the future.

    CONFIDENTIALITY OF PASSWORD
    Any access codes or passwords ("User Codes") Kodak supplies as part of the service are for your personal use, and you are responsible for their confidentiality. All statements made and acts or omissions that occur while the User Codes are being used shall be deemed to have originated conclusively from you and you shall be responsible for the same and/or any misuse thereof. You agree to notify Kodak immediately in the event of the loss or theft of the User Codes or if the confidentiality of the User Codes has been compromised in any manner.

    LINKS
    Kodak has provided links and pointers to other websites maintained by third parties. Kodak does not operate or control in any respect, and is not responsible or liable for, any information, products or services on these third-party websites. The materials on http://www.kodakgallery.co.in and the third-party websites are provided "as is where is" and without warranties of any kind either express or implied.

    VENUE
    http://www.kodakgallery.co.in is only a venue for you to purchase different types of products and services online that are provided by third parties, including the printing of your photographs at retail stores operated by Kodak's dealers. You shall be solely responsible for providing your own communication equipment to access any services offered on http://www.kodakgallery.co.in whether via the Internet or otherwise, and any Internet access charges thereon.
    Kodak is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.
    Kodak is not a party to any transaction made between you and the third party vendor or service provider, nor is it the agent of and has no authority for either for any purpose in relation to your purchase of products and services on http://www.kodakgallery.co.in. Such matters are governed solely by the contracts you have made with the relevant third party vendor or service provider and Kodak is not responsible for the acts or omissions of either, including, but not limited to, the condition of or representations regarding products or services purchased from any of the third party vendors or service providers, credit for returned goods, lost shipping, inadequate customer service, illegal sales of goods, or any other dispute between the third party vendors or service providers and the customer. The customer agrees that any concerns he has with the third party vendors or service providers as to webpage content, activities, goods or services, returns, tax issues, warranties, misrepresentation, delays, substitutions or complaints of any other type are to be resolved strictly between him and the third party vendors or service providers. Kodak will not be obliged a party to nor attempt to resolve disputes between the customer and the third party vendors or service providers. For these purposes, the customer uses http://www.kodakgallery.co.in at its own risk.
    Therefore, you hereby agree to release, hold harmless and indemnify Kodak and its affiliates from any claims, demands, losses, costs, expenses and damages (actual and consequential) arising from your use of any products or services on http://www.kodakgallery.co.in or any dispute between you and the third party vendor or service provider. Be that as it may, when using http://www.kodakgallery.co.in, the customer agrees to allow employees of Kodak or the dealers to access his account and records on a case by case basis if necessary to investigate complaints or other allegations of abuse. The customer agrees to pay all taxes due on purchases made through our services.

    DISCLAIMER
    Kodak makes no warranty

    (a) that http://www.kodakgallery.co.in will meet your requirements, or that it will be uninterrupted, timely, secure, error free or free from any virus or other malicious, destructive or corruptive code, programme or macros;
    (b) of the accuracy, adequacy, reliability, timeliness, completeness or integrity of http://www.kodakgallery.co.in; or
    (c) that defects in http://www.kodakgallery.co.in will be corrected. http://www.kodakgallery.co.in is provided on an "as is where is" and "as available" basis. You expressly agree that use of http://www.kodakgallery.co.in is at your own risk and you shall be solely responsible for any and all loss or damage that may result from the use thereof.

    You further acknowledge that Kodak shall not be liable to you in any way for failures, defect or delays in the performance, delivery or operation of the MMS in transmitting your Photographs to your mobile photo album at http://www.kodakgallery.co.in that are caused by one or more of the following reasons:

    (a) you have provided an incorrect phone number or other incorrect information at the time of registration;
    (b) your phone does not support the use of MMS;
    (c) your storage facility is full and has no additional memory to receive any additional Photographs; or
    (d) you accidentally erase a message provided to you.

    To the fullest extent permissible pursuant to applicable law, Kodak disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose.

    You understand and agree that the submission of film or any digital image to http://www.kodakgallery.co.in, and the download or upload of any material through http://www.kodakgallery.co.in's service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your film or image, any loss of your film or image and any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital images.

    LIMITATION OF LIABILITY
    You agree that the transmission, uploading, and/or storage, of your Photographs on http://www.kodakgallery.co.in may be interfered with by numerous factors beyond Kodak’s control including Internet, telecommunications, computer or utilities failure and that Kodak shall not be liable to you for any loss or damage.

    You further agree that under no circumstances, including but not limited to negligence, shall Kodak or its affiliates be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use the services described in this Agreement. In the event that Kodak is found to be liable for any reason, you agree that its liability for any loss or damage incurred or suffered by you shall be limited to providing you with one roll of film and waiver of processing charges, or one free upload of a roll of film. The above limitation shall not apply to limit any liability resulting in personal injury or death.

    TERMINATION
    This Agreement is effective until terminated by Kodak. Upon termination of this Agreement as aforesaid, Kodak will remove your Photographs from http://www.kodakgallery.co.in. Kodak will have no obligation to return to you the Photographs. The disclaimers and limitations of liabilities set forth in this Agreement shall survive any such termination.

    DOWNTIME
    Kodak may schedule downtime in http://www.kodakgallery.co.in for maintenance purposes and suspend any service by posting a notice of such downtime on http://www.kodakgallery.co.in or such other manner as it deems fit. If there is any unscheduled down time in http://www.kodakgallery.co.in during which no user can access any service, Kodak shall use all reasonable endeavours to promptly restore http://www.kodakgallery.co.in to its proper operating condition and notify the users as soon as reasonably practicable after http://www.kodakgallery.co.in is available for use again. The foregoing states Kodak’s entire liability for any loss caused by downtime in http://www.kodakgallery.co.in.

    OTHER TERMS
    For purposes of this Agreement, "Kodak" means Kodak India Pvt Ltd.
    In using http://www.kodakgallery.co.in, you acknowledge that you have been informed that the Print@Kodak Network allows uses to have their printed photographs delivered to a specified address.

    You hereby represent and warrant that you are the authorized user of any credit card or other payment method used to purchase goods or services through this Website.

    Kodak may amend or modify this Agreement, impose new conditions at any time and/or suspend or discontinue any service offered at http://www.kodakgallery.co.in (temporarily or otherwise) with or without notice to you. Such amendments, modifications, suspension and/or discontinuation will be effective immediately upon giving you notice by any means including, but not limited to, posting on http://www.kodakgallery.co.in. The customer is bound by any of these revision and should, therefore, periodically visit http://www.kodakgallery.co.in to review the current terms of the Agreement. Use of http://www.kodakgallery.co.in after such notice will be deemed acceptance by you of such amendments, modifications suspension and/or discontinuation. If you choose to access http://www.kodakgallery.co.in by using a wireless telecommunication device, you shall be deemed to have, prior to using any service offered on http://www.kodakgallery.co.in, read, understood and agreed to the terms hereof (as may be revised, modified or amended from time to time).

    The operation of http://www.kodakgallery.co.in may be interfered with by numerous factors outside of Kodak’s control. Kodak shall not be liable for any delay or default in Kodak’s operation of http://www.kodakgallery.co.in caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, internet, telecommunication, computer or utilities failure (including failures caused by

    (a) acts which impose unreasonably or disproportionately large loads on infrastructure or facilities such as “flooding”, “mail bombing” or “crashing” of http://www.kodakgallery.co.in; or
    (b) any virus, time bombs or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information), strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any such event, Kodak shall for the duration of such event be relieved of any such obligation under this Agreement as is affected by the said event.

    You and Kodak are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created hereunder.

    You agree not to assign your rights hereunder without Kodak’s prior written consent.

    Kodak's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If any provision of this Agreement is deemed unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of the remaining provisions.

    Unless otherwise indicated, the copyright in http://www.kodakgallery.co.in and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of Kodak and are protected by copyright laws. No part or parts of http://www.kodakgallery.co.in may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of Kodak.

    GOVERNING LAW AND FORUM
    This Agreement will be governed by and construed in accordance with the laws of India without giving effect to any principles or conflicts of law. Any disputes arising under this Agreement shall be submitted for final resolution to the courts of India. Should you decide to initiate court action against Kodak, you hereby agree that the exclusive venue thereof shall be the courts of Mumbai as the case may be.


    Last Updated on 08/02/2006