General Terms and Conditions
These General Terms and Conditions shall apply by and between you as the user and Once Upon Publishing AB including our affiliates and related parties (hereinafter “Once Upon”, “we” and “us”) in conjunction with the use of the services provided by Once Upon from time to time via the website or which is provided in the app (jointly defined as the “Service”) and in conjunction with orders of printed materials (hereinafter the “Products”) via the Service. If you have questions regarding Once Upon, the functions in the app or Product orders, you will find answers to the most common questions in our FAQ.
These General Terms and Conditions are applicable to the use of the Service and purchases of Products. We encourage you to read through these General Terms and Conditions prior to commencing use. By using the Service, you confirm that you have read, understood and accepted these General Terms and Conditions which thereby constitute a binding agreement between Once Upon and you (hereinafter the “Agreement”).
If you live outside of the US, please see our international Terms and conditions.
1. Use of the Service
1.1. User Terms and Conditions
By using Once Upon, you accept that Once Upon is not liable for and does not support contents which you have published via the Service. Once Upon has no obligation to initially review, monitor, edit or remove content. In the event your content violates the terms and conditions of this Agreement, you may be legally liable for such content.
You undertake to do the following:
to comply, in using the Service, with (i) the provisions of these General Terms and Conditions, (ii) applicable laws, rules and regulations by governmental authorities and (iii) Once Upon’s instructions for the use of the Service provided from time to time;
to ensure that, in uploading your own content (text and pictures) to the Service or creating the Product, you own or have obtained the necessary rights to the content and/or the Product;
to refrain from, in using the Service, transferring any material to the Service which may contain a virus, Trojan or any other code (so-called “malware”) which may damage, disable, overload or impair the Service or infringe another user’s use of the Service;
to refrain from measures to circumvent Once Upon’s security system – e.g. by using another user’s username and password or disclosing a username or password of another person – or attempt to test the security of the Service without first obtaining Once Upon’s prior written consent;
to refrain from decompiling (reverse engineering) the Service;
to refrain from measures to obtain unauthorised access to any computer system or network covered by the Service; and
to refrain from acquiring or attempting to acquire material or information which was not intentionally made available or provided by Once Upon via the Service.
In the event of a breach, or threatened breach, of one or more of the above provisions, Once Upon may immediately terminate this Agreement and you shall no longer have the right to use the Service. Once Upon may also bring a legal action to enforce this Agreement as provided in Section 6 below (Governing law and disputes).
The Service is generally provided 24 hours per day, seven days a week, 365 days per year. However, Once Upon does not warrant that the Service will be free of defects or outages during the aforementioned period of time and provides no warranties regarding the functions, security or accessibility of the Service. Furthermore, use of the Service presupposes an Internet connection, and the user’s access to such connection is beyond Once Upon’s control.
The Service may be reached via your mobile unit by connection to the Internet either via connection to Wi-Fi or the Internet by connection to a telecommunications operator (hereinafter the “Equipment”). You shall be responsible for such Equipment and must obtain such Equipment at your own expense. You are aware and acknowledge that upgrades and/or modifications of the Service may entail changes to the technical requirement applicable to your Equipment.
Once Upon does not warrant that the content of the Service, your uploaded content, or the Product which you have created through the use of the Service is current, correct and/or available from time to time. Once Upon shall not be held liable for losses directly or indirectly incurred by you as a consequence of your use of the Service or the contents of the Service.
1. 4. Intellectual property rights
All intellectual property rights, including patents, copyright (including moral rights), rights in circuit layouts, registered designs, trade secrets, trademarks and the right to have confidential information kept confidential, irrespective of whether or not such rights are registered, and technical solutions regarding the Service, the setup and design of the Service and the contents of the Service are the property of Once Upon or, in the alternative, property of a third party with whom Once Upon collaborates and may not be used by you over and above that which is necessary for the use of the Service pursuant to this Agreement. You shall obtain no rights other than expressly set forth in this Agreement.
Provided that you fully comply with the provisions of this Agreement and except as otherwise stated, Once Upon grants you a non-exclusive, non-transferable, limited right to use the Service for your own use. For the sake of clarity, you shall not be entitled to use the Service for commercial purposes.
Once Upon asserts no claim of ownership to any content published by you. This means that, in the legal relationship between the parties, you hold all rights to such content which you upload to the Service. Once Upon shall only be entitled to use such content to the extent necessary for Once Upon to be able to perform its undertakings pursuant to this Agreement.
You will indemnify, defend and hold harmless Once Upon for any liability, loss or damages which Once Upon incurs as a consequence of any infringement of third-party intellectual property rights which may be incurred as a consequence of the content you have uploaded to the Service and/or in Products.
1. 5. Storage
When the Service is active and is connected to the Internet, all of your content (pictures and text) is continuously backed-up on your Once Upon account in our cloud service. In order to be able to use the Service, you must approve Once Upon’s access to your digital library.
1. 6. Terms and conditions for collaboration relating to photobooks
Persons you invite to collaborate shall, in conjunction with acceptance, obtain access to all content in the relevant Product (pictures and text). Your invitation is sent as a link. The link is not personal. This means that the recipient can forward the link to another person who, in turn, may obtain access to the Product in lieu of the contemplated recipient. By inviting a person to your book, you thus accept that your personal data may be disseminated to the person or persons to whom the recipient has elected to forward the link containing the invitation. Once Upon has no liability for any dissemination of your personal data which may occur as a consequence of the fact that you have chosen, by means of an invitation, to share with others. You can invite as many persons as you like to a book by allowing them to scan a QR code or by sending an open invitation via a link to each and every one of them. As owner of the book, you are the only one who can send out invitations to a collaboration and are also the only person who can remove persons from a collaboration. Everyone who participates in a collaboration may copy the content of the book and transfer it to another book which is private for such person. This means that all materials you upload to a Product subject to collaboration will be accessible for dissemination by all persons who participate in the collaboration.
1.7. Modifications, closure and termination
Once Upon shall be entitled at any time and without prior notice to:
modify, add to or remove functionality or content in the Service;
suspend access to the Service in order to protect the Service from unauthorised attack or similar; and
remove the Service from operation for measures such as, for example, but not limited to, maintenance, service and updating of the Service.
You shall be entitled at any time whatsoever to terminate the Agreement by notifying Once Upon in writing of such termination or by terminating your user account. Once Upon shall be entitled to terminate this Agreement and discontinue providing the Service to you at any time and without cause.
Notwithstanding the reason for termination of the Agreement, the provisions of sections 1.1, 1.3, 1.4, 2 and 6 shall continue to apply between the parties following termination of the Agreement.
2. Ordering and delivery
As a private person, you have the possibility to order Products based on your content in the Service. Companies who wish to place orders may contact us at the following e-mail address: email@example.com.
Your order of Products via the Service is binding. In the event of any problems with your order, you will be contacted as soon as possible. In the event you are under 18 years of age, you require the permission of your guardian when you place orders with us.
You are to pay the price stated in the Service at the time of placing the order and in the currency stated therein. The payment you make in conjunction with your order includes the price for the Product and the cost of freight.
2. 4. Payment via a third party
2.5. Order confirmation
When we have received your order, you will receive a confirmation sent to your e-mail address. It is important that you verify that all information is correct. Save the order confirmation so that you can provide the order number to our customer service.
The estimated delivery time is set forth in the order confirmation. More information regarding delivery times and freight can be found in our FAQ. The terms and conditions for collecting the Product varies depending on the postal courier which delivers the Product. In the event you do not collect the Product within the prescribed time, Once Upon may request compensation for return freight and handling. Unless otherwise agreed by us, all shipments will be made Ex works (Incoterms® 2020)
2.7. Damage to the package/Product
If you discover that your package or your Product is damaged, this may be reported directly to your post office. We recommend that you do not collect a damaged package. The damage will no longer be regarded as transport damage after you have collected the package. If you discover damage to the Product only when you have opened the package, and the damage appears to be due to handling by the transportation company, you may contact them and file a damage report not later than seven days after you receive the package.
2.8. Additional taxes and fees
You must pay all applicable customs duties, taxes, including any sales taxes, value added taxes, and import taxes, other than taxes on Once Upon's net income, arising out of your purchase of the Products or the rights granted under this Agreement.
3. Returns and complaints
If you are of the opinion that there is a defect in your Product, contact customer service via the website as soon as possible after you have received your Product and describe the respects in which you believe that the Product is defective. Customer service shall thereafter process the complaint and determine whether the Product deviates from your order in such a manner that Once Upon is liable for the defect.
4. Personal data and confidentiality
4.1. Personal data
“Marketing purposes” means communicating with you as a user in the form of, for example, newsletters, special offers and/or information regarding new functions in the Service.
Personal data in the form of pictures and/or text uploaded by you when you use the Service is processed by Once Upon in its capacity as personal data processor for you as a user. The personal data is processed in accordance with data protection legislation applicable from time to time.
For the performance of the Service and in order for Once Upon to be able to perform its obligations regarding agreements pertaining to the Product, the personal data may be provided to third parties to the extent necessary.
Once Upon processes personal data confidentially and will make commercially reasonable efforts to ensure that everyone who comes into contact with your personal data is obliged to observe confidentiality regarding the personal data.
4.2. Use of another party’s name
Using the name or personal information of someone other than your own name and personal information without the consent of such other person is strictly prohibited.
5. Limitation of Liability.
To the extent permitted by law, we disclaim all express or implied warranties that the Service and Products are accurate, fit for purpose, of satisfactory quality, free from defects, merchantable, able to operate on an uninterrupted basis or non-infringing. We do not guarantee that the Service and Products will meet your requirements nor do we guarantee outcomes. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the Service and Products.
To the fullest extent permitted by law, we expressly disclaim all liability for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, installing using or relying on the information contained in the Service and Products. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND PRODUCTS. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
We will not be liable for any acts or omission of any third-parties howsoever caused.
You acknowledge that the internet is an insecure public network which means that information transferred to or from the Service may be intercepted, corrupted or modified by third parties. We accept no responsibility for any interference with or damage to your computer system, software, device of data occurring in connection with the use of the Service.
You acknowledge that your use of any information or materials provided by or on the Service is entirely at your own risk and that the information may contain inaccuracies or errors.
You agree to indemnify, defend and hold us, our offices, employees, directors, agents and representatives harmless against any losses, expenses (including legal fees) or for any claim, action, suit, or proceeding brought or threatened to be brought against us which is caused by or arising out of your use of the Service or any breach of this Agreement.
Once Upon shall not be liable for any defect which may occur in the Service. Such defects may be price-related and/or technical or informational in character.
5.2. Force majeure
In the event of force majeure, Once Upon shall be released from its obligations to perform any agreements entered into. “Force majeure” refers to events which cannot be anticipated and which are beyond our control, whether foreseeable or non-foreseeable. Such events may include wars, natural disasters, labour conflicts, decisions by governmental authorities, pandemics, epidemics, quarantines, failed deliveries from sub-contractors and circumstances giving rise to added expenses.
5.3. Amendments to terms and conditions
Once Upon reserves the right to at any time amend these terms and conditions in its sole discretion. Each time you use the Service, you undertake to comply with the terms and conditions applicable from time to time.
If any provision or part of a provision of this Agreement is found to be invalid, unenforceable or illegal, such provision will to the extent be severed from the remaining terms which will continue to be valid.
6. Choice of law and disputes
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to its conflict of law principles thereof. In the event of any controversy or dispute between you and us arising out of or in connection with your use of the Services or purchase of the Products, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then, prior to initiating a lawsuit, either party must submit such controversy or dispute to mediation in accordance with the JAMS International Mediation Rules and Procedures (“JAMS”) before a single mediator in the City of New York provided that all sessions and other meetings shall be held remotely only (by way of video or audio conferencing). If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. The parties expressly disclaim the United Nations Convention for the International Sale of Goods with respect to this Agreement.