PLEASE READ THE FOLLOWING TERMS AND CONDITIONS WHEN USING THIS SOFTWARE. IN THE EVENT THAT YOU USE THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. INTRODUCTORY REMARKS
1.1 These General Conditions are the agreement between you and FotoWire and shall determine our contractual relationship.
1.2 These General Conditions shall form an integrated part of any and each of your orders.
2. FOTOWIRE
FotoWire Development SA ("FotoWire") is a Company with its registered office in Geneva, Switzerland. It is legally and financially independent from the participating Wholesales laboratory or Minilaboratory ("Lab") and is not an agent of any of the Labs.
3. FOTOWIRE'S SOFTWARE
3.1 FotoWire has the Know-how, the experience and the SOFTWARE to link you, through a simple and automatic application over the Internet or other networks, to a Lab of your choice that will process your digital images.
3.2 FotoWire will improve and up-date its SOFTWARE from time to time. Each time you are using our SOFTWARE, our server will compare it with the latest available version, and automatically up-date your SOFTWARE version free of charge.
3.3 FotoWire attempts - without any obligation to do so - to keep your digital images on its server for a period of maximum 30 days.
4. LICENSE
4.1 FotoWire agrees to grant you a revocable, non-exclusive and royalty-free license to use our SOFTWARE enabling you to order and transfer your digital images.
4.2 This SOFTWARE is owned by FotoWire and is protected by copyright laws and international treaty provisions. No title to intellectual property is being transferred. You may not modify, reverse engineer, decompile or disassemble the SOFTWARE.
4.3 You understand and agree to become a registered customer of FotoWire while using our SOFTWARE.
5. OBLIGATIONS OF YOU
5.1 You hereby confirm that you are authorized to print the images that are being transmitted, to use them for that purpose and that you shall indemnify FotoWire and/or the Labs printing the images against any and all claims arising out of or in connection with the printing and the transfer of the images.
5.2 You shall use the SOFTWARE provided by FotoWire exclusively to order and transfer your digital images through FotoWire to the Labs listed in the Lab Selection Dialog Box.
5.3 You undertake to follow the recommendations and guidelines listed in our web-sites "Questions and Answers" and "Help" at www.fotowire.com.
5.4 You undertake to keep one copy of any digital image transmitted to the Labs.
6. WARRANTIES AND LIABILITIES
6.1 FotoWire will make any reasonable effort to ensure that your digital images are transmitted through our SOFTWARE to the Labs of your choice and that you are get a warning signal when you intend to transmit images of either poor quality or presenting other problems or make a mistake. However, FotoWire cannot guarantee in any way the performance of your order and shall not be liable for your final pictures' outcome.
6.2 The SOFTWARE is provided "as is". FotoWire does not warrant that the SOFTWARE will meet all of your requirements or that its operation will be uninterrupted or error-free. Should the SOFTWARE prove defective, FotoWire shall correct it but cannot assume any liability for your costs incurred.
6.3 FotoWire cannot warrant the access to and the uninterrupted and/or error-free functioning of the Internet. The Internet is an open network and FotoWire makes any reasonable effort to protect your privacy. However, FotoWire cannot guarantee the confidentiality of your digital images and that your digital images are kept confidential when being transmitted and that third parties have no access to them and to the information (including your credit card numbers) contained in your order.
6.4 FotoWire shall not be liable for any damage (including but not limited to direct or consequential damages) incurred by you or any other person or entity or for the alternation, confusion, loss, destruction, theft, or any other form of misuse of the digital images provided by you. In any case, as far as Swiss law permits, FotoWire's liability shall be limited to the price payable to the Labs for the pictures that give raise to a claim.
7. MISCELLANEOUS
7.1 This Agreement can be terminated by either party at any time.
7.2 FotoWire has the right to update these General Conditions at any time.
8. JURISDICTION AND APPLICABLE LAW
8.1 The place of jurisdiction for any and all disputes arising out of or in connection with these General Conditions and your orders and the transfer of your digital images shall be Geneva, Switzerland.
