Terms and Conditions for storykids ("Terms")
Current as of: August 2019.
At storykids, we help families and parents share the stories and moments of their child as they grow up. The purpose is to create print products dedicated to kids and parents.
We offer parents to subscribe to a service allowing them to upload images of their child on a monthly basis via a mobile application and have those images automatically compiled in a physical photo album and have such photo albums delivered to designated recipients, especially other family members, regularly.
This service is governed by these Terms.
1.1 The service is operated by:
(hereinafter “Storykids”, “we”, “us”, “our”).
1.2 These Terms govern the service, in particular the collection and processing of photos and the compilation and delivery of photo albums, (the “Service”) including the mobile applications operated to deliver the service (the “Mobile Apps”).
1.3 The scope of the Service as well as its term and pricing are governed the description of the relevant product available in the Mobile Apps (or on the Website) (the “Product Description”). Further terms may apply to certain aspects of the Services if the user expressly agrees to them.
1.4 By registering for the Service in the Mobile Apps, you accept these Terms as available at the time. The most up to date version of the Terms can also be downloaded at https://www.storykids.com/terms.
1.5 The EU Commission is offering a platform for online dispute resolution which you can access at https://webgate.ec.europa.eu/odr/.
2.1 Subscription to and use of the Service require a user account (“User Account”). Creation of the User Account is made via the Mobile Apps.
2.2 To register you will have to provide your name and address as well as the delivery address of the Recipient and accept these Terms as well as the data protection policy. Further you will have to provide payment details for our payment services provider.
2.3 Registration via E-Mail:
- a. This method of registration requires a valid email address as well as the selection of a password.
- b. It further requires that you confirm that email address via an activation link to proceed with registration.
2.4 Registration via Facebook:
- a. If you have a Facebook-account you will be able to use “Single Sign-On” and register via linking your account.
- b. For this purpose, you need to click the button “Link to Facebook” and grant the necessary authorisations in your Facebook-account to proceed with registration. In doing so you consent to the sharing of data between us and Facebook. We refer to our and Facebook’s data protection policies with respect to the treatment of your personal data.
2.5 You may not create more than one account or use inaccurate data or pseudonyms etc. By proceeding with the registration, you undertake to make sure that these prerequisites are met, that you will keep your details up to date and notify us immediately of any changes.
3.1 Actual subscription to the Service occurs at the end of the registration process. You may register without immediately subscribing. However, if you do not subscribe to our Service within a period of 6 (six) months after registration we reserve the right to delete your account.
3.2 You agree to the subscription and the ensuing charges by clicking on “Order and Pay”.
3.3 In doing so you submit a binding offer and you will receive an email confirming the terms of such offer. However, this does not constitute our acceptance. Such acceptance will be provided via separate email.
4. Scope of Services and Sub-Contracting
4.1 Our offering is limited solely to the Service as described herein and in the Product Description; the latter governing in particular:
- layout of the photo album;
- quality of the photo album;
- terms of delivery;
- functionality of the Mobile Apps.
4.2 According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our Service with respect to circumstances outside the scope of our sphere of control.
4.3 We may sub-contract any part of the Service, in particular printing of the photo albums.
Upload and Delivery
5.1 In order to receive a photo album for the relevant month you must upload all images (within in the range allowed under your subscription terms) by the last day of that month. Uploads for the running month can be made from the first day of that month.
5.2 If no images are uploaded in the aforementioned period, you thereby opt out with respect to delivery of the photo album for the relevant month. You will not receive a photo album for that month but also not incur any charges for that month.
5.3 Printing and delivery of the photo album are subject to payment of the subscription fee for the relevant month. You are responsible for ensuring charges can be made in order to avoid delays. You must also ensure that the delivery address is up to date.
6.1 Payment is made exclusively via the designated payment services provider offering online payment via credit card.
6.2 Payment for each month is due on the first day of the following month and in advance of the delivery of the photo album.
6.3 You authorise us and the payment services provider respectively to collect the amount due within the scope of the order. Should the collection of the payment fail for reasons for which you are responsible, you must reimburse the chargeback costs and any bank processing fees incurred.
6.4 Charges are made on the first day of the following month. No charges are made if you do not upload any images.
6.5 Non-payment will entitle us to terminate your subscription.
7. User Warranties, Representations and Indemnity regarding Content
7.1 You must not upload any images or any other material, or any content within such images, which contain any threatening or defamatory or blasphemous or pornographic material or show any kind of child abuse, or are racially offensive or abusive of any religion or likely to incite hatred against any person or group or are otherwise criminal or offensive in the minds of reasonable people or are obscene or menacing or harassing or breach any applicable law.
7.2 You must only upload images in which you own copyright (or which you are authorised to send to us by the copyright owner) and you warrant that none of the images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.
7.3 You must not upload any images or provide other personal data in violation of applicable data protection regulations.
7.4 By uploading images, you represent and warrant that the aforementioned prerequisites are met.
7.5 We will not check the content of any images provided by you. However, if any images uploaded by you do not comply with these Terms, particularly clauses 7.1 to 7.3 above, we reserve the right to remove them with immediate effect and without any obligation or liability to you.
7.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
7.7 You shall indemnify us against all claims by third parties asserted as a result of an infringement of their rights by your content posted or published with us. The same applies to all third-party claims asserted against us which may arise through your use of the services provided by us.
7.8 You shall bear the costs of any necessary legal action by us, including all court and attorney fees. In the event of claims by third parties, you are obliged to provide us immediately and truthfully with all information available to you which is necessary for an examination of the claims and a defence.
7.9 Any further claims for damages which we may have against you shall remain unaffected.
7.10 The above obligations with respect to damages and indemnifications do not apply to you if you are not responsible (zu vertreten haben) for the infringement in question.
8. Warranties of the service provider (Gewährleistung)
8.1 Statutory provisions apply unless expressly provided otherwise in these Terms.
8.2 In case of a defect of delivered goods, you may choose between subsequent performance (Nacherfüllung) in the form of removal of the defect (Nachbesserung) or delivery of a new defect-free item (Nachlieferung). However, we may refuse the selected type of subsequent performance if it can only be carried out at disproportionate cost and if the other type of subsequent performance would not cause any significant disadvantages for you. If the subsequent performance has failed, you may, at your discretion, either withdraw from the contract or reduce the purchase price for the particular item.
9. Use of the Mobile Apps
9.1 The content and functions contained in our Mobile Apps are restricted to your personal use only, unless there are statutory exceptions. By downloading or installing our Mobile Apps you do not acquire any copyright or industrial property rights, unless we expressly grant them to you.
9.2 You may not use our Mobile Apps in an abusive manner or seek to interfere with our service. Use of the Mobile Apps is subject to a valid subscription. We furthermore reserve the right to suspend access to the Mobile Apps if there is sufficient evidence regarding violations of these Terms.
10. No Revocation (Ausschluss des Widerrufsrechts)
You acknowledge that due to the individual compilation of the photo album and its purpose for your needs specifically you will not be able to revoke your subscription pursuant to section 312g para. 1 of the German Civil Code, see section 312g para. 2 item 1 of the German Civil Code. However, you will be able to terminate the service at any time in accordance with clause 11 or opt out of delivery for a month in accordance with clause 5.2.
11. Termination and Suspension
11.1 You may terminate the subscription at any time via the Mobile Apps or via email to firstname.lastname@example.org or via mail to the address listed at https://www.storykids.com/impressum.
11.2 The termination will be effective upon receipt by us. No further charges under the subscription will be incurred. However, photo albums already ordered and paid will be delivered.
11.3 We may terminate the Service with a notice period of one week towards the end of each month in text form using the notification details email or notification in the Mobile Apps. The termination takes effect upon receipt by you and access to the Mobile Apps will be blocked.
11.4 Any party may also terminate the Service for cause (aus wichtigem Grund). On part of us there is such cause if, without limitation:
- a. uploads restricted content;
- b. using the Service and/or the Mobile Apps for illegitimate purposes or for commercial purposes (in particular reproduction of the Service);
- c. purposefully interferes with the Service and/or the Mobile Apps;
- d. has provided inaccurate details upon registration; or
- e. non-payment of the subscription fee.
12.1 Our liability for damages resulting from a simply negligent (einfache Fahrlässigkeit) breach of a material obligation is limited to damages foreseeable and typical for the type of transactions in question. Material obligations are those whose breach endangers the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on the observance of which the User regularly relies.
12.2 Otherwise, our liability to you is limited to damages as a result of:
- a. an intentional or grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by our legal representatives or vicarious agents;
- b. injury to life, limb or health resulting from a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representatives or vicarious agents, as well as
- c. any circumstances within the scope of liability in accordance with the provisions of the Product Liability Act, guarantees granted to the you or due to fraudulent misrepresentation on our part.
12.3 Any further liability on our part is excluded.
12.4 Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents as well as to tortious claims.
13. Data Protection
Any collection of personal data by us is subject to our data protection policy which can be downloaded at https://www.storykids.com/data protection.
14. Governing Law and Jurisdiction
14.1 These terms and any disputes arising out of or in connection with them are subject to German law excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these terms shall be our corporate seat, provided that the user is a merchant, a legal entity under public law or a special fund under public law.