Welcome to Popsa (the “Service”). The Service is provided by Popsa International Limited, registered at St James House, 9-15 St James Street, Surbiton, Surrey, KT6 4QH, United Kingdom, company number 09880057, (the “Company”, “we”, “us”).
It is important that you read these terms carefully. By accessing the Service you are agreeing to the terms below.
The account that you create is your own, personal, account with the Service using the systems provided to edit, annotate, design, layout, publish and print your own personalised photobooks.
There are certain eligibility requirements for use of the service and use of credit cards with the service. By signing up to the service you agree and warrant that:
i) all the information you have provided for registration is a true and accurate account of you and your personal information, and that you are responsible for making sure that this information is kept up to date as and when required,
ii) that you are over the age of 13,
iii) you have the legal right to enter into this agreement,
iv) your use of this service is not prohibited in the country or territory in which you live.
If we have reasonable doubt that any of the above are not true your access to the Service may be may be suspended or deleted altogether without warning or notice. Fees for products and carriage may vary between territories and may themselves be varied from time to time, any and all prices will be clearly visible and you will be required to authorise any purchase prior to it being processed.
To order and pay for books you must be at least 18 years of age or the applicable age of majority in your jurisdiction and provide sufficient details for payment from an account that you hold or that you have the express permission to use. To be absolutely clear, if you are not the credit card holder, you must have the permission and agreement of the the cardholder to make a place an order and make a purchase.
We only accept electronic payments for use of the service, for clarity we do not accept cash, cheque or any other payment system at this time. Upon providing the required information to process a payment and confirming a payment through the service you agree that we make all applicable charges to the account provided.
We Are A Publishing Service
What we provide to you is a publishing service, I.E. we provide to you the tools and services to create and publish your own photo books.
Please note that whilst we are a publishing service, we do not represent ourselves as a publisher, as such we do not copy check, review or correct the content that you submit to us in any way.
We pride ourselves on the quality of our work and the process that we have put together to deliver top quality photobooks to you.
If you receive goods that you’re not entirely satisfied with let us know and we’ll do what we reasonably can to make it right (please note this is at our discretion). You must contact our customer services within 14 days of the payment for the book being made processed to be eligible. Typically we expect delivery to take place within 7 days of an order being dispatched. Please bear in mind that everything you order we print bespoke, for you, through a distributed network of printers. Whilst we have best practices in place across our print partners there may be minor variances in the end product in different territories.
It is important to note that we do not copy check or proof the book that you are submitting to us prior to printing. As a result of this it is your own responsibility to check that it is exactly how you want it, so be sure to check a things before sending it to us to print, here are a few suggestions:
Text - check for spelling mistakes, grammar, unfinished sections of text etc.
Images - the quality of your images (low res images will not look as beautiful as high res ones)
Layout - that you have put everything where you want it to go, once you send it to print we can’t change it.
Content - keep in mind who the book is for, and make sure that all the images you have in it are appropriate for that.
Check your book carefully and be sure you’re happy with it before sending it to us to work our magic.
Unfortunately, if anything is wrong with the book as a result of something that you have done, we can not cover it under the returns policy.
In short, if what you get isn’t what you ordered let us know straight away!
Your Content in Our Service
At certain points whilst using the Service you will submit content for use with the Service. You will retain ownership of such content and of its intellectual property. Please be aware that in uploading content to the service you are providing the Company with a worldwide, royalty free, assignable license to use, host, store, reproduce, modify, create derivative works (for example, resulting from translations, adaptations or other changes we make so that the content works better with the Service), communicate, publish, publicly perform, publicly display and distribute any such content.
The rights that you grant survive, even in the event that you cease using the service.
Modifying or Terminating The Service
We are constantly evolving and improving our Service, this means that from time to time we may add or remove functionalities and features so as to provide you with a better experience.
You can choose to stop using our Services at any time. We may also stop providing Service to you, or remove or add new limits to our Service at any time. Any changes to the Service will be clearly noted in an update and any changes to the terms of the service will be noted in this agreement.
Warranties and Disclaimers
Other than what is specifically set out in this agreement neither the Company, its subsidiaries, partners or other stakeholders make any promises about the Service being provided; including, but not limited to, the Service’s functionality, reliability, availability or fitness for purpose.
To the extent permitted by law the Company excludes all warranties.
You warrant that you have the rights to distribute any image, item, likeness or other material(s) that you submit to the Service and that you are not infringing on any 3rd parties intellectual property rights by doing so.
By using the application you agree to hold the publisher, developer, and any of it’s agents or associates free of any liability for any effects that you experience as a result of using the application.
You accept personal liability for all actions that you take to the full extent of the law. As such you agree to indemnify (cover any costs incurred) and hold us and any of our parents, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party that results from any misuse of the service or breach of this Agreement between you and the Company, or any breach of law or rights of any third party that you infringe.
As part of using the service you agree to conduct yourself in a manner that reflects the purpose of the Service, as such you agree not to publish content that:
i) is misleading, deceitful, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy;
ii) is of a sexual or pornographic nature that may reasonably be deemed might cause offence to others;
iii) harasses, discriminates against, incites hate against or is hateful towards any specific individual or group of individuals based solely on their sex, ethnicity, disability, sexuality or faith;
iv) misrepresents who you are or your connection with another person, entity or organisation;
v) provides details about another individual, specifically identifying or personal information, without that individual's express consent;
vi) you do not have the rights to distribute, specifically content that breaches or infringes on the rights of any 3rd parties patents, trademarks or copyright;
vii) contains promotional material or links for any 3rd party Service;
viii) can be reasonably deemed to constitute a denial of service attack (by flooding with comments that intentionally disrupt the flow of a conversation) or that is intended to negatively affect other users experience of the Service.
ix) places an unreasonable stress on the Services owing to users usage or load on our Services infrastructure.
x) at any point, attempt to gain access to the Services infrastructure or systems by any means outside of those provided as standard in the Service, or in any way interfere with, disrupt or diminish the performance of the Service.
Your Login Details
It is your responsibility to protect your own login details with a reasonable degree of care and responsibility. Do not share them with any 3rd party, other than logging into the service we will not ask you to provide your login details at any time.
By downloading our application we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by the Company.
You agree not to intentionally interfere with the applications intended functionality in any way. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
We will vigorously pursue any individuals or organisations that fail to comply fully with this clause.
About These Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. If you do not agree to the modified terms for a Service, you must discontinue your use of the Service.
These terms control the relationship between the Company and you only. They do not create any third party beneficiary rights.
Dispute resolution for any issue arising from this agreement or your use of the Service will be governed by the Laws of England & Wales.
You agree that any action brought relating to the Service will be done so under the jurisdiction of the courts if England & Wales.