General Terms and Conditions
These General Terms and Conditions shall apply by and between you as the user and Once Upon Publishing AB (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 in the US, please see our Terms and conditions for the US.
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, ordinances and decisions 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.
Legal measures may be taken by Once Upon in conjunction with any breach of, or attempt to breach, one, several or all of the provisions above.
The Service is provided as a rule 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 cannot 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, 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, it is noted that 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 undertake to compensate Once Upon for any compensation or damages which Once Upon, as a consequence of settlement or judgment, is ordered to pay for 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.
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 reason therefor.
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: firstname.lastname@example.org.
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.
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 namely 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
In conjunction with deliveries outside the EU, you shall be liable for any customs duties, taxes and other additional fees. In the event your bank is situated outside Sweden, you might pay a fee. This fee is determined by your bank and accordingly may vary. Please contact your bank for more information.
3. Returns and complaints
3.1 Right of withdrawal
Since the Products are specially manufactured based on your wishes as a customer, the statutory right of withdrawal in accordance with the Swedish Act on Distance Contracts and Off-Premises Contracts (Sv: lag (2005:59) om distansavtal och avtal utanför affärslokaler) does not apply.
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
Once Upon collects personal data from you in conjunction with your use of the Service, your execution of purchases of Products in the Service, and by virtue of the fact that you create a user account. This personal data is processed by Once Upon (i) to provide you with the Service and its functions, (ii) to fulfil its obligations pursuant to the Agreement, (iii) for product development; (iv) to assure the quality of the Service and (v) for marketing purposes. More detailed information regarding the processing of personal data may be found in Once Upon’s Personal Data Policy which is available at https://onceupon.photo/help/personal-data-policy.
“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 ensures 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
In the event the customer acts in someone else’s name or uses someone else’s personal identity number without consent and such action or use gives rise to an economic or other loss for Once Upon, the customer shall be reported to the police.
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. Such events may include wars, natural disasters, labour conflicts, decisions by governmental authorities, 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. Each time you use the Service, you undertake to comply with the terms and conditions applicable from time to time.
6. Choice of law and disputes
Swedish law (with the exception of rules regarding choice of law) shall govern this Agreement. Disputes arising as a consequence of the creation, application or interpretation of this Agreement as well as other disputes relating to this Agreement shall be determined by courts of general jurisdiction in Sweden.