Previously known as MyMemory.com Photo

Terms & Conditions

Introduction

  • Before using huggler.com or opening an account with huggler.com (hereinafter referred to as "Website"), please read the following terms of use on which you may make use of the Website (hereinafter referred to as the "Terms") whether as a guest or a registered user. The Website is operated by MyMemory.com Ltd, trading as Huggler (herein referred to as "we", "our" or "us").These Terms govern your access to and use of the Website and services owned and/or operated by us. Your access to and use of the Website indicates your acceptance of and compliance with these Terms. If you do not agree to these Terms then please do not use the Website. Any violation of these Terms may result in termination of your ability to access and use the Website.
  • We reserve the right at any time to change all or any part of these Terms; change the Website, including by eliminating or discontinuing any content on or feature of the Website; and change any fees or charges for use of the Website. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Website, or by e-mail. Your continued use of the Website indicates your acceptance of these changes. You are expected to check this page periodically to take notice of any changes we may have made. You can determine when these Terms were last revised by referring to the "Last Updated" legend at the top of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
  • Only persons aged 16 years or over may access the Website and use the services offered by us.

Definitions

  • Product(s) means cards, calendars, diaries, prints, posters, photobooks,  notebooks and other printed materials
  • Service(s) means the storage of images, the facilitating of the design of Products and the printing of Products.

Registration

  • To set up an Account with the Website and become an Account Holder you must fill out a Registration Form. You will be asked to provide an email address. This email address must be accurate, current and complete. Should you register with an invalid email address or an email address belonging to someone else we reserve the right to terminate you account, access to and use of the Website at any time without notice.
  • As part of the account set-up and registration process you will need to provide a password in order to access your account. You will be entirely responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
    The Service is for personal use only.
  • Setting up an Account with the Website carries no charge. However to use some of our Services and Products on our Website may carry charges. You will be notified of these charges at the time you request the Services or Products.
  • When you place an order for Services or Products which require a charge you will need to supply a credit/debit card and other personal details so that we may process your order. Any charges for the Services or Products requested will be billed to your credit/debit card once the order has been accepted by us.
  • In the event you supply invalid credit/debit card details or details of a credit/debit card that belongs to someone else, we reserve the right to terminate your Account at any time without notice.
  • A condition of opening an Account is your continued "Active Participation" in the Service. Active Participation is defined as making a purchase on the site whether it be photo merchandise, including reprints and enlargements, greeting cards, photobooks or calendars at least once every 365 days. If you cease Active Participation for any reason, we may terminate your Account (or any part thereof) and your use of the Service, and we may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.

Digital Image Storage

The Website offers free, unlimited storage of online photos to Account Holders who maintain Active Participation. When you upload images the original resolution may be affected depending on the upload speed you choose. You should always preserve your original content or make back-up copies of such content on your personal system as we do not guarantee to retain such content on the Website.

Images

  • Images uploaded by you or by us on your behalf will (subject to the restrictions in these Terms) be available for viewing by you in a photo album accessible through your Account using your email address and password.
  • You can share your albums and images with family and friends by allowing them to have access to your albums (your "guests"). You can do this either by:
    • using the Website to allow your albums to be accessed by any member of the public;
      or
    • using the Website to allow your albums to be accessed by guests who you have nominated by inputting their email addresses.
  • By sharing albums or photo creations you warrant that you have obtained all the necessary third party consents to permit you do so and further that the sharing of the same does not infringe the rights of any third party.
    • Guests are permitted to buy printed items, submit comments and notify us of offensive material in respect of those photos which you have given them access to. We will not be responsible for any action taken by your guests who you give access to your albums and images.
    • You should not nominate any guests if you do not want them to be able to order printed items which use the images in your photo album.
    • You may delete images uploaded to the Website by you or by us on your behalf at any time.

Account Holder Conduct

  • Users of the Website, whether or not Account Holders, may not use the Website to process Prohibited Content. Generally Prohibited Content includes content or other material that we believe:
    • is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate
    • comprises copyrighted material used without the express permission of the owner
    • violates or otherwise encroaches on the rights of others
    • contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the website
    • advocates illegal activity
    • harms anyone, including minors
    • provides a link to any of the above
  • You are not allowed to use the Website (or to copy or use any material from the Website) for any commercial purpose other than to conduct a commercial transaction with us. This includes allowing access to your photo album in return for payment or for any other commercial purpose.
  • You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on the Website from any copies or printed items taken of material from the Website.
  • You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this provision may result in immediate suspension of your Account.
  • We have the sole discretion to determine whether Content is Prohibited Content and any Content submitted to the Website may be subject to examination from time to time. Although we do not have and will not examine or otherwise review all Content submitted or transmitted to the Website, we may delete, move and edit Content for any reason, at any time, without notice. If you become aware of images you feel are unlawful or offensive then please contact us.
  • All Content (whether private or public) that is processed on the Website is the sole responsibility of the person who submitted it.
  • By viewing the Website you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
  • We do not guarantee the accuracy, quality or appropriateness of Content available through the Website.
  • We may refuse to provide any further Services to anyone who breaches these Terms.

Data Protection / Privacy Policy

  • Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Making Purchases

  • If you wish to purchase any Services or Products through the Website you will be asked to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit or debit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
  • Descriptions, images, references, features, contents, specifications, products, price and availability of any Services or Products are subject to change without notice, and our current prices can be found on this page. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any Services or Products on the Website at a particular time does not imply or warrant that these Services or Products will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Service or Product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Service or Product.
  • Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order you will be charged for the items ordered once your order is accepted by the Website. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

Promotions

  • In addition to these Terms, any contests, sweepstakes, surveys, games, third party promotions, or similar promotions (collectively "Promotions") made available through the Website may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall apply.
  • By participating in any Promotions you may be automatically added to our mailing list. You can unsubscribe from our mailing list at any time.

Termination

Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.

  • You agree and acknowledge that we in our sole discretion, may terminate your Account (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:
    • conduct violating these Terms or other policies or guidelines set forth by us elsewhere on the Website
    • conduct that we believe is harmful to other users of the Website, our business or other third party information providers
    • conduct that violates the letter or spirit of these Terms

Cancellation

You may cancel your account by contacting us via email or by post. You may be asked to provide proof that the account is yours. Once your account is cancelled your photo albums will be deleted from the Website and your password will no longer allow you to view password protected areas of the Website.

Questions

If you have any questions about the Website or material on the Website then please contact us via email or post.

Customer Satisfaction Guarantee

If an Account Holder is unhappy with any Product produced by the Website we will reprint the Product concerned provided that the Account Holder has first returned the original Product to us. If the problem cannot be resolved to the Account Holder's satisfaction we will refund any charge made by us for the Product provided that the Product is returned to us within 21 days and the returns form filled in.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints or claims must be notified to us within 21 days of receipt of products or if you don't receive your products then in a reasonable time after the products were expected to arrive.

Reporting Violations

If you wish to report any violations of Account Holder Conduct or commercial use then please email help@huggler.com.

Governing Law and Jurisdiction

These Terms are to be construed in accordance with the laws of the Island of Jersey and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of the Jersey courts.