MagicLabs (“we,” “us,” “our”) provides personalized products (hereinafter referred to as “Products”) to you through its website located at phototales.com (the “Site”) and through its mobile applications and by telephone (collectively, including any new features and applications, and the Site, hereinafter referred to as the “Services”), subject to these terms and conditions of use for the Services (“Terms and Conditions”). By using the Services, you (the “User”) accept that you have read, understand and agree to be bound by these Terms and Conditions, whether or not you are a registered User of the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without notice. We will post the changes to these Terms and Conditions on our Site and will indicate at the top of the Terms and Conditions the date they were last revised. Any new Terms and Conditions are effective immediately upon posting and your continued use of the Services after such posting constitutes your agreement to the new Terms and Conditions. You are responsible for regularly reviewing the Terms and Conditions.
When you register as a User, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password and notify us immediately of any unauthorized use of your account or password or any other breach of security that you may suspect or know of. You agree not to use or attempt to use the account, email address, or password of any other User at any time. You are solely responsible for all activity by anyone using your account and/or password.
These Terms and Conditions shall remain in full force and effect while you use the Services or are a User. You may delete your account at any time, for any reason. We may terminate your account at any time, for any reason. Even after termination, your obligations under these Terms and Conditions will remain in effect. You understand that termination of your account may involve deletion of your information from our live databases as well as any of Your Content that you have uploaded to or created on the Services using your account. You agree that we will have no liability whatsoever to you for any termination of your account or related deletion of your information or Your Content.
The Products require information that you provide, including, without limitation, text, photographs, or images (hereinafter referred to as “Your Content”). The Services and the Products are only for your personal use. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms and Conditions, and you may not access or utilize the Services for any commercial purpose whatsoever. Any use of the Services other than as expressly authorized in these Terms and Conditions is strictly prohibited. All rights not expressly granted in these Terms and Conditions are hereby expressly reserved by us.
By submitting Your Content to us, you grant us a nonexclusive, worldwide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to reproduce, prepare derivative works based upon, distribute copies of, and otherwise use and exploit Your Content for the limited purpose of providing the Services and promoting other services to you that we believe may be of interest to you. You represent and warrant that you either own Your Content or have a written license or other valid permission from the applicable intellectual property rights owner(s) to make Your Content available to us for use with the Services and on the Products that you order.
We may preserve Your Content and may also disclose Your Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests, (b) enforce these Terms and Conditions, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of ourselves, our users, or the public.
We reserve the right to terminate accounts that are inactive for an extended period of time, with that time to be determined at our discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
We reserve the right to reject any or all of Your Content if we determine that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content should we believe that it falls within the prohibited uses set forth below.
Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors or otherwise), hateful, abusive, or otherwise similarly objectionable, (b) poses or creates a privacy or security risk to any person, (c) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes, or any other form of solicitation, (d) characterizes any unlawful or immoral activity as acceptable, glamorous, or desirable, (e) denigrates or offends any ethnic, racial, sexual, or religious group, or persons who are physically or mentally challenged or (f) contains images or likeness of minors without the valid authority to do so;
Harass another person in any way including, without limitation, using their email account, address, or password, or falsely misrepresent your affiliation with any person or entity;
Violate any applicable local, national, or international law, regulation, or rule;
Transmit or make available any content that you do not have the lawful right to Transmit, that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trade secret, trademark, service mark, or patent rights), or that would violate any person’s right of privacy or publicity;
Engage in any conduct that would interrupt, destroy, limit, or harm the Services or enable you to gain unauthorized access to the Services, including, without limitation, by using viruses, Trojan horses, worms, or malicious code, programs, or files;
Reproduce, copy, sell, or commercially use the right to access the Services or the Services themselves;
Solicit personal information from anyone under the age of eighteen (18);
Scrape email addresses or other contact information of other users from the Services by electronic or other means; or
Further or promote any criminal activity or provide instructional information about illegal activities.
Use and Storage of Your Content
We agree that our use of Your Content shall be limited to the scope of the Services and the Products that we provide. We will never use Your Content to market or advertise the Services to others without your express written permission.
We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to access and reprint entire orders or to use elements of Your Content to make Products for new orders, without the need to upload Your Content again.
We may establish practices and limits concerning use of the Services, including, without limitation, the maximum period of time your information and Your Content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We do not accept responsibility or liability for the deletion or failure to store any data or other content maintained by the Services.
User Service Feedback
Any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Feedback”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and distribution of Feedback for any purpose, without acknowledgment or compensation to you.
You acknowledge and agree that the Services contain software and content (“Our Intellectual Property”) that is protected by copyright, patent, trademark, trade secret, and/or other laws, regulations, and rules and is owned by us and/or our licensors or affiliates.
Without limitation, unless otherwise designated, we own all of Our Intellectual Property, including, without limitation, all of the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms and Conditions or otherwise grants any license or right to use any of Our Trademarks. You may not delete, change, or modify in any way the copyright, trademark, or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks shall inure to our exclusive benefit.
The use of any prints, images, or screen captures from the Services is limited to your personal, non-commercial use. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with your use of the Services. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or to Our Intellectual Property.
The technology and software underlying the Services or distributed in connection with the Services is our property (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge, you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us.
You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You shall promptly update your account information with any changes that may occur. You shall pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms and Conditions. If you dispute any fees or charges, you will let us know within fifteen (15) days from the date of invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
The Phototales Pro subscription includes a monthly free 24-pages small (5x5inch/10x10cm) softcover layflat photo book. Delivery cost are excluded from the offer. Depending on the chosen offer, Phototales Pro subscriptions are charged:
- Monthly to your iTunes Account if you opt for the monthly subscription. Subscriptions will then auto-renew every month unless turned off at least 24 hours before the end of the current period.
- Every three months to your iTunes Account after your one week trial ends if you opt for the 3-months subscription. Subscriptions will then auto-renew every quarter unless turned off at least 24 hours before the end of the current period.
- Our photo books all have a minimum of 20 pages.
- Please refer to this page to discover our full range of book formats.
Fees charged for goods and services may change at any time without advanced notice. We may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as we have no control over such charges and cannot foresee the amount charged (if any). Except for delivery in the United States and in the EU, you agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
Returns & Refunds
We want you to be completely satisfied with your Services and Products. If within the first thirty (30) days you are not completely satisfied with your order, we will either (a) provide a replacement in the case of a defect or (b) in all other cases, issue a complete refund, subject to the exceptions and restrictions listed below:
- Refunds are limited to amounts actually paid by you. This does not include the promotional value of any special offer or discount.
- In cases where a return/refund is due to your order arriving damaged or with a defect confirmed by us, we shall either (a) provide you with a prepaid return shipping label or (b) reimburse your cost of return shipping. For all other cases, return shipping costs are your responsibility. Shipping and handling charges may apply to Services and Products that are otherwise offered on a free or promotional basis.
- All orders receiving bulk/wholesale pricing are final, and no refund shall be provided except in the case of material damage or defect upon the arrival of your order.
From time to time, we may make certain promotional offers available to you.
promotional offers are subject to the following Terms and Conditions and conditions:
They apply only to orders shipped to a single address.
They have no cash value and cannot be resold.
If they have a minimum order requirement, the order value before tax must exceed the minimum order threshold for the offer to be activated.
They do not apply to (a) any previous order(s), (b) express, priority, or overnight delivery, (c) taxes, (d) oversized items, (e) specially marked products, or (f) bulk or corporate purchases.
Except where required by law, they cannot be redeemed for cash, check, or credit.
They do not affect normal retail prices (which are subject to change).
The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Services and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
Third Party Sites and Services
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Media Services or any links to other websites. As such, we are 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 Media Services or linked website. We enable these features merely as a convenience and the integration or inclusion of such features or such websites does not imply an endorsement or recommendation.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material within the Services;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, or email address;
(v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Our designated Copyright Agent to receive notifications of claimed infringement is:
12175 Visionary Way,
Our websites use “cookies.” Cookies are small text files that reside on your device and identify you as a unique user. Cookies allow us to, among other things, measure activity and personalize your experience. For example, and without limitation, cookies enable us to remember your viewing preferences without requiring you to re-type a username or password. Cookies also allow us to track your status or progress when ordering Products from us. If you choose, you can set your device to reject cookies, or you can manually delete individual or all cookies on your device. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites.
You hereby release, indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors, managers, employees, attorneys, representatives, and agents, harmless from and against all claims, costs, damages, losses, liabilities, expenses, actions, and damages of all kinds based on, arising out of or in connection with your use of the Services and/or the Products, your breach of these Terms and Conditions and/or your use of any third-party site, service, and/or product . If you are a resident of California, you hereby waive California Civil Code Section 1542, which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that if known by him would have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.
YOU ACKNOWLEDGE THAT THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS, AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS SET FORTH IN THE RETURNS AND REFUNDS SECTION OF THESE TERMS AND CONDITIONS. WE HEREBY DISCLAIM ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, AVAILABILITY, PERFORMANCE, AND FUNCTIONALITY), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM, OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES WILL BE DEEMED TO CREATE A WARRANTY.
Limitation of Liability – General
WE WILL NOT BE LIABLE FOR NON-PERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL. IN NO EVENT WILL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES OR PRODUCTS AT ISSUE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS OR OUT OF THE SERVICES AND/OR THE PRODUCTS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND CONDITIONS AND, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability – Data and Usage Restrictions
WE DO NOT ACCEPT LIABILITY IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS, OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SERVICES OR OTHERWISE.
Waiver of Collective/Representative Action and Agreement to Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU AND WE MAY HAVE WITH EACH OTHER BY USING INDIVIDUAL ARBITRATION, WHICH IS FINAL AND BINDING. IN INDIVIDUAL ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND POTENTIAL FOR APPEALS REVIEWS THAN IN COURT. THIS ARBITRATION CLAUSE WILL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
ANY DISPUTE OR CLAIM MADE BY YOU AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF THE PRODUCT(S), REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, PRODUCTS LIABILITY, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (COLLECTIVELY REFERRED TO AS A “DISPUTE”) WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AS DESCRIBED BELOW.
Either you or we will have the right to elect to initiate binding arbitration to resolve any Dispute by providing the other party with written notice of such election. You and we respectively hereby agree, and agree in the further to take all steps required, to waive the right to litigate any Dispute in court, be it by way of court trial, jury trial, or class action, and agree that: (1) such arbitration shall be governed by the Consumer Arbitration Rules of the American Arbitration Association (the “Rules”), which are available by calling +1-800-778-7879 ; (2) the arbitration shall be conducted by one arbitrator appointed in accordance with the Rules; (3) the language of the arbitration will be English; (4) the arbitration shall be conducted near your place of residence; (5) we respectively hereby irrevocably consent and submit to exclusive personal jurisdiction and venue as such for the purposes of arbitrating any such action; (6) the arbitrator in such arbitration shall be without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another; (7) all issues of enforceability of this arbitration provision, including, without limitation, issues relating to scope, validity, and unconscionability, shall be decided by the arbitrator; (8) the entirety of any arbitration shall be confidential, and neither you nor we shall have any right to disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (9) payment of all arbitrator compensation, expenses, and administrative fees (which include, without limitation, filing and hearing fees) shall be governed by the Rules; (10) each of us shall bear our own fees and costs related to any arbitration, including, without limitation, the expense of our respective counsel, experts, witnesses, preparation, and presentation of evidence at the arbitration; and (11) notwithstanding (9) and (10) above, the arbitrator shall have the right to re-allocate his or her compensation, expenses and/or administrative fees, as well as your and our fees and costs related to the arbitration, if he or she determines that a claim, defense and/or counterclaim was filed for purposes of harassment or is patently frivolous.
WHETHER IN INDIVIDUAL ARBITRATION OR COURT, YOU AND WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND WE MAY EACH SEEK RELIEF ONLY ON OUR OWN BEHALVES, AND ONLY TO THE EXTENT NECESSARY TO REMEDY INDIVIDUAL CLAIMS. THIS WAIVER OF COLLECTIVE OR REPRESENTATIVE ACTION IS A MATERIAL AND ESSENTIAL PART OF THIS ARBITRATION PROVISION.
In the event that this arbitration provision is found to be invalid, illegal or unenforceable, a modified provision shall be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language above, and the validity, legality and enforceability of any of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby. If for any reason this arbitration provision is deemed inapplicable, invalid, illegal, or unenforceable, you and we each hereby waive, to the fullest extent allowed by law, any right to a jury trial, any right to recover punitive or exemplary damages, and any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity.
Judgment on any arbitration award may be entered in any court having proper jurisdiction.
We reserve the right to modify, discontinue, or suspend, temporarily or permanently, any of the Services (or any part thereof) and/or the Products, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, discontinuance, or suspension of any of the Services or the Products.
These Terms and Conditions constitute the entire agreement between you and us governing your use of the Services and the Products. If there is any conflict or inconsistency between these Terms and Conditions or any other terms or conditions available elsewhere regarding the Services and/or the Products, these Terms and Conditions shall prevail and be given precedence.
The waiver of any right under these Terms and Conditions shall not operate as past, present, or future waiver of that right or of any other right. No waiver shall be effective in any case unless acknowledged and agreed to by us in writing.
In the event that any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, a modified provision shall be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language of these Terms and Conditions, and the validity, legality, and enforceability of any of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or the use of the Services. We have the right to assign any or all of our rights and obligations under these Terms and Conditions at any time; however, all rights that you may have under these Terms and Conditions or otherwise in and to the Services may not be assigned by you.
Nothing contained in these Terms and Conditions shall be deemed to create, or be construed as creating, any third-party beneficiary right of action upon any third party, in any manner whatsoever.