Terms of use

General conditions to access and use the web site AlbumEpoca.com; privacy protection information, general conditions of sale.

Introductory Notes

AlbumEpoca is a web site created by the Italian company named 'PHOTOSÌ', with its legal office in Riccione (Rimini Province), that owns it and manages its direct diffusion in Italy and in every place on earth different from the Republic of Italy, in close collaboration with its Distributors. This site, built for being used by the customers, has an IT system that can properly treat the digital photographic images, and more precisely:
- The dissemination of information on the offered products;
- The dissemination of Epoca software client;
- Creating and placing orders of photographic products.

To use the Services offered by the AlbumEpoca website (hereafter shortly named also 'AE'), first of all the USER must give his/her consent and agree to the following conditions, according to the following rules. The Registration to AE can be done only when the USER has given his/her consent and has agreed to the aforementioned conditions, by clicking on the confirmation button in the general conditions of sale page. In the following text, the conditions to use the Services offered by AE are also described, to the interest of who will sign these, or the USER, as we called him/her previously. The USER holds responsibility for the personal information entered in the registration form, and has also the duty to update it, when his/her personal information would have changed, and therefore would not be updated.

Personal Information Protection

Notes Personal information of the USER will be stored to pursue the aims of the business relation that has been created with the registration, and for the performance of the specific obligations of legal, accountable and fiscal nature that can relate to the status of being a USER of the Services offered by AE (the USER).

Personal information entered by the USER in the registration phase can be transmitted to third parties and treated by these only for the aim to carry out the business relation (shipping, transport, handling, accounts). The names of the third companies will be always available to the USER, under his/her specific (and informal) request.

Personal information to carry out the business relation are treated with the support of IT facilities and paper documents that can ensure security and confidentiality; they won't be used for different aims than those aforementioned, without the previous consent of the USER.

The Person Responsible for the Personal Information treatment, in compliance with the Italian law 675/1996, is entitled to make decisions about the aims and treatment of the personal information of each USER, included the security profile, is the Owner of the website.

Further Personal Information

AE protects the USER's personal information using the best security devices.
Orders and graphic projects showcased on the website are protected by a password and will be accessible only by the USERS or third parties to who the USER has gave his/her password.
The USER holds responsibility for the content of the images loaded on the Internet, and the Owner of the website avoids any responsibility for the decency of their content.

Security of the Service and Limitations of Liability

Even though AE uses the best technologies on the market, this server cannot be considered a database for images, above all because the owner of the website is capable of cancel the graphic projects from his own server, when this may be necessary for technical or security reasons. The owner, indeed, does not guarantee the storing of the data on the website, and therefore the Service offered does not include any warranty on the storage of the pictures on the website: for this reason the USER cannot consider the website a database for pictures. Therefore the Owner denies any responsibility for partial or complete loss of pictures on the website.

Collaboration with Judiciary Authorities

The aforementioned Owner has the right to transmit the material on the website to the Judicial Authorities when requested to do it. He also has the unquestionable right to: -collaborate, as far as the management of the website, with the Authorities in charge, if requested to;
- denounce to the Authorities any action that would offend human dignity and especially any abuse and maltreatment on underage children, in case these circumstances would casually occur to the company that owns the site;
- denounce to the Authorities any external attempt to enter the security system of the website, or any action that can be considered hostile.

GENERAL CONDITIONS OF SALE
To use the Service you must first agree to the following General Conditions.
Before completing your registration, please read with attention these conditions.

1. AGREEMENT TO THE CONDITIONS With the registration, finished with the expression of your consent by ticking the relevant box, the USER confirms to have read and wholly understood the following General Conditions of Sale. He/she states to be aware especially that:
- the delivery date of prints, as given from time to time by the owner of the website and/or the Distributors, are not peremptory, but are only an estimation;
- the price of every printed product (album) must be paid in advance
- after having evaluated the 'provone' (print sample) shown in digital or hard support
- to the Distributor where existing, and, if not existing, directly to the company that owns the website;
- by virtue of the aforementioned 'provone' (print sample), the Return and Refund policy
-enforced by the Law of various countries, and the directive 99/7/CE issued by the European Parliament, as well as any other law with a similar content
- cannot be applied to the purchases done on this site;
- any damage on the printed products caused during shipment can be charged to the Owner of the website and on the Distributor (only for the relevant route).

2. DESCRIPTION OF THE SERVICE
AE currently provides to the users the access to a Service to print on-line their own photographic products (hereafter also shortly named the 'Service'). With the exception of an explicit contrary agreement, should the Service undergo any change that will make it accessible in a different way than the present one, as well as the launch of new services, it will be ruled by the aforementioned GENERAL CONDITIONS. The USER accepts and agrees that the Service is provided in the version that is available in a particular moment, and that the subject who owns the site avoids any responsibility on its use and availability. The USER also states that he/she is informed that, in order to use the Service, he/she needs to get the access on the Internet and pay for this access. It is also necessary (for the users) to get the proper gear to connect to the Internet, including a personal computer, a modem and everything necessary to the get connected.

3. OBLIGATIONS CONNECTED TO THE REGISTRATION
As far as the use of the Service, the USERS commit themselves to: -give their personal information (hereafter also referred to as 'Registration Information') required during this procedure, paying attention that this is updated, complete, and true; - promptly inform the Distributor -where existing- of any change of the Registration Information, to keep this always updated, complete, and true. If the USER give false, inaccurate, non-updated or incomplete information, or if the subject who owns the website should consider, on the basis of his personal evaluation, that the information given by the USER is false, inaccurate, non-updated or incomplete, the Owner has the right to disable, temporary or definitively, the account of this USER, preventing him/her from any other future use of the Service.

4. INFORMATION ON THE PROTECTION OF PERSONAL INFORMATION
The Registration Information, as well as any other information, that can be linked to, directly or indirectly, a definite USER, is collected and used in compliance with the Italian Law n. 675/1996. Pursuant to and for the purposes of article 10 of the aforementioned law of 31 Dec. 1996, n. 675, the subject Owner of the site informs that:
a) The Registration Information given by the Users is collected and used by the owner of the site, also through IT procedures and devices, for the following purposes: (i) reasons that are directly linked to and necessary for providing and managing the Service pursuant to these GENERAL CONDITIONS; (ii) exclusively with the USER's consent, to disseminate commercial information, marketing actions and market research, and also to send promotional material on the products and the services provided by the Owner of the website and also third advertisers; (iii) exclusively with the USER's consent, to do surveys on the quality of the Services and on the satisfaction of the customers, both directly and/or with the support of specialized operators; (iv) carrying out statistical surveys. Since the photo-print software is a product of the Owner, who owns various production points, due to the needs of a centralized service (as a group) of IT or basic activities to manage the Service, some personal information could be stored, for the same purposes, on IT hardware by other companies of the group or by third parties.
b) Disclosing your personal information is optional. However, any failure, even partial, to give the information marked as necessary to pursue the aims described in 'a' sub. i) will determine the impossibility for the owner of the website to provide the Service. Failure to disclose your personal information non marked as necessary for the aims described in 'a' sub. i), will not be detrimental to provide the Service.
c) Some information could be transmitted by the Owner - for every purpose described above in 'a' sub. i)- to his decentralized branches or to third parties entitled of the performance of activities directly connected or necessary to provide and distribute the Service and also to (only with the previous consent of the USER) to third parties involved in selling goods and service on the Internet, with whom the owner has commercial agreements or partnerships to promote and distribute the Service, or the offer of new services. For particular events (for example combination contests or prize draws), some personal information of the USER that takes part into them, could be disclosed on a relevant website. For organization needs connected to perform the IT activities necessary to manage the Service, some personal information of the USERS could be disclosed abroad, in UE and extra-UE countries. The parties to which we will transmit communications will be companies that collaborate with the Owner to provide the Service, companies that will use the information to pursue the same aims for which the owner collected it.
d) Article 13 of the mentioned Italian Law 675/1996 gives to the USER the possibility to: (i) exercise his/her specific rights, among which the right to have the confirmation from the Owner if he has stored their personal information and if it has been disclosed: (ii) to know what is the source of this information and the logic of the aims of the treatment of personal information; (iii) to get their own information deleted, or transformed as anonymous or to hold the information treated in breach of the law, and also to update, to correct, or when needed, to complete their own personal information; (iv) to hinder, for lawful reasons, the treatment of their own information, and to oppose to the treatments aimed at marketing actions and commercial information. To enforce his/her own rights, the USER can contact the company that owns the site, and, through theis, its President and its Board of Directors. If the USER agrees to these GENERAL CONDITIONS, the USER authorizes the owner of the website to collect, disclose and transmit his/her own personal information to the aforementioned subjects, according to the limitations and pursuing the aims described in this note.

5.ACCOUNT, ID AND PASSWORD (or PW)
After having completed the registration to the Service, the USER gets a reserved password, of which the USER is responsible for (as well as for any activity connected to the use of this). Therefore, the USER commits him/herself to inform promptly the owner of the website any non-authorized use of the password and of the account, as well as any other breach of security that he or she may notice. The Owner of the website, in any case, cannot be hold responsible for any damage caused by the disrespect of this point 5, being the USER completely aware that, in order to manage the access to the service, his/her own authentication only depends on verifying his/her own ID (User name) and password. The USER therefore is responsible for the custody and the correct use of the ID and password to access the service, and for any damage, to the detriment of the owner or of third parties, that may be caused by a non correct use of, or loss, stole and damaging of the confidentiality of the ID and password of the USER. Any operation made with the ID and password used by the USER lead automatically to the USER itself, that is hold responsible for any operation and request made, without exceptions. The USER here acknowledges that the owner can use as evidence of the operations -and more generally, as evidence of the relations with the USER itself- evidence produced by IT devices and procedures, at the disposal of the owner, because it is necessary to the access to the Service.

6. RULES ON THE CONDUCT OF THE USER
The USER acknowledges that any information, picture, image and any file (hereafter, 'the Contents') send by him or her, is under the responsibility of persons from which they come from: therefore, the USER, not the owner, has to be hold responsible for any Content transmitted or disseminated through the website. The Owner cannot control in any way the Contents transmitted and /or disseminated through the Service, and therefore, he does not give his guarantee on the decency, truth, correctness and quality of the same.
The USER commits his/herself not to use the site to:
- send via e-mail or in any other way Contents that may be illegal, harmful, threatening, abusive, disturbing, defamatory and/or slanderous, vulgar, obscene, disrespectful of other people privacy, racist, class-based insulting or reprehensible in any way
- to be harmful, in any way, to underage children;
- send via e-mail, or, in any other way, disseminate, a Content that he/she is not authorized to send according to a law, to a contract or for the purposes of a trust agreement;
-Framing the contents of the Service, that is to say try to import in non-authorized websites the contents of the AlbumEpoca website;
- send via e-mail or in any other way Contents that may breach patents, registered brands, secrets, copyrights, or other kinds of intellectual or industrial property of third parties (hereafter, 'Rights');
- send via e-mail or in any other way, any application containing virus or other codes, files or software created to interrupt, destroy or hinder the functions of other software, hardware or telecommunication devices of thirds parties;
-disturb or stop the Service, the server or the networks connected with the Service, to act in contrast with any requirement, procedure or rule of the networks connected with the Service;
-violate, consciously or not, any existing law and regulation.
The USER acknowledges that the Owner does not check previously the Contents of the website, since he would not be able to. However, the Owner and the subjects entitled by him have the right to- without any obligation do to that- reject and remove any Content accessible through the Service. With the exception of the aforementioned provisions, the Owner of the website and the subjects entitled by him have the right (also) to remove any Content that would be a violation of these GENERAL CONDITIONS or that would be in any case reprehensible.
The USER commits to evaluate thoroughly and independently, taking all the risks, the range of any Content, in particular waiving the right, always and ever, to any complaint, in case the Content would lack the truthfulness, completeness or usefulness he or she thought it had.
The USER acknowledges that the Owner has the right to store the Contents and to disclose them to third parties in order to pursue the following aims:
a) to the companies related to him, to provide the Service to the USER in an efficient way and to manage the account of the USER itself in accordance to his company's procedures and of the companies connected to him;
b) when the exercise of this right is a lawful obligation, or when the owner considers it proper in order to: (i) fulfill legal procedures; (ii) enforce the GENERAL CONDITIONS; (iii) answer to complaints on the Contents that would breach the rights of third parties; (iv) protect the rights, property or security requirements of the Owner of the site, of its users and of thirds parties.
The USER agrees that the technical treatment, transmission or dissemination of the Service, including its contents, could imply:
- the transmission or dissemination of the Contents on (or through) other networks;
- the need to modify the Contents to get them fit to the technical requirements of the networks and of the connection devices.

7. SPECIAL DIRECTION FOR INTERNATIONAL USE
Considering the global character of the Internet, the USER commits his/herself to respect any rule that can be applied to the connection phase and to the Contents transmitted. In particular, the USER commits his/herself to respect any law that rules the transmission of any information and the quality of the Contents exported from the Country where the USER resides.

8.RELEASE OF THE OWNER FROM LIABILITY
The USER declares and guarantees that he/she will release the owner of the site and the Distributors, as well as the subjects connected to them, or controlled by them (such as, agents, employees and any other partner), from any obligation of compensation -including eligible legal costs- generating from the Contents that have been transmitted or sent by the USER, through a inappropriate use of the Service, through a connection to the Service itself disrespectful of the norms that rule it, and through a breach of the rights of third parties.

9. PROHIBITION OF TRANSFER AND COMMERCIAL EXPLOITATION OF THE SERVICE
The USER commits his/herself not to duplicate, copy, sell, manipulate and in any case not to use for commercial purposes the Service (as well as parts of it), and the simple access aforementioned.

10. DISABLING ID AND PW OF THE USER- SUSPENSION, INTERRUPTION OF THE SERVICE.
The USER acknowledges that the Owner of the website can disable the password and the ID of the USER, or interrupt the access to the service, and has the full right to remove and reject the diffusion of a Content in the Service in case the USER would not use it for at least 6 (six) months, considering that he/she would have performed any breach or may have acted in a incompatible or contrary way to the spirit or the description of the GENERAL CONDITIONS.

11. ALBUMEPOCA COPYRIGHT
The USER acknowledges that the Service and every necessary software used in connection with the Service itself (that is to say the 'Software' in general) are protected by the laws that disciplines intellectual or industrial rights. The USER also acknowledges that the Contents of advertisement banners and information presented to the USER, both by the Service and by advertisers, are protected by norms that discipline copyright, registered brands, patents or any other intellectual or industrial property. Only with the exception, in case the owner, or the Distributor, may give the authorization to do that, the USER commits his/herself not to modify the Service - or order to do that in any way (both for free and for a fee)- and not to distribute, disseminate or create- works based, totally or partially, on the Service or the Software.

12. NO WARRANTY FROM ALBUMEPOCA
The USER acknowledges and explicitly states that:
- The use of the Service is his/her own choice;
- The Service is provided according to the version available at that moment;
- As far as the Service itself, the company that owns it avoids any liability regarding the use and the availability, punctuality, deletion, failure (being the company totally released from any warranty -explicit and implicit-, including, for example, any warranty on the commercial potentiality, aptness for particular purposes or for the quality of the Service);
- the Owner of the website does not ensure the absence of failures in the Service.

13. LIMITATION OF LIABILITY OF ALBUMEPOCA
The USER acknowledges and agrees that the owner of the website and the Distributors should not to be hold responsible for the costs to get goods and Services to substitute the original devices bought or obtained through the Service, nor, for any damage of any kind, also related to profit loss, the starting of a business, or loss of information (even in the case in which the owner of the website had been warned about the possibility that this damage would occur to the users), caused by:
(i) an inappropriate use of the Services
(ii) an non-authorized access or a modification of the transmissions or of the information of the USER;
(iii) incorrect behaviours or statements by any third party.
Nonetheless, none of this provisions would have the effect to limit or exclude the liability of the owner of the website in case damage would be caused by the willful misconduct and gross negligence of him.

14. COMMUNICATIONS
Any communication between the parties should be written, both via e-mail and by conventional mail. The Owner of the website can transmit communications related to any change of these GENERAL CONDITIONS, also through the Service of Direct Notice to the users.

15. INFORMATION ON REGISTERED BRANDS
Every logo featured on the ALBUMEPOCA service is a registered brand owned by the owner of the website or by its distributors. The USER commits his/herself not to use in any way these brands without the previous consent of the aforementioned subjects.

16. APPLICABLE LAWS AND COMPETENT COURT
These GENERAL CONDITIONS and the business relations between the website owner and the Distributor (one party), and the USER (the second party) are subject to the Italian law. For any controversy that may arise from these GENERAL CONDITIONS, or from the use of the Service, the competent court will be the one with jurisdiction on the area where the legal office of the company of the website owner is located, and no other court.

17. ANY OTHER BUSINESS
These GENERAL CONDITIONS are the only valid agreement between the USER (one party) and the website owner and the Distributor (the second party): these agreement is valid above any other possible previous agreement between the aforementioned subjects. The USER should respect the GENERAL CONDITIONS that can be related to added Services, or connected to the contents of third parties, or to the rules on the use of third parties' software. If the owner does not exercise any right established by the law or by these GENERAL CONDITIONS, this should not be considered a waive of the right. If one or more of the provisions of these GENERAL CONDITIONS should be judged invalid by the competent judge, the parties agree that the effects of other further provisions -as described above- are still valid, as well as the effects of the foregoing GENERAL CONDITIONS.