Last Updated: October 21, 2019
Welcome to Snapfish! Snapfish provides you with a fun, safe, and easy way to process, print, digitize, store, share and otherwise use (collectively "Process") photographs and other content offered to you on our website. Before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). Specific pages on our website or mobile application (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. We may be change or update these Terms at any time in accordance with Section XVII, but you can always find the most recent version here. You should periodically check this page to make sure you have read the current version of these Terms.
Your use of the Services indicates your acceptance of these Terms and agreement to be bound by them. Acceptance of these Terms creates a binding contract between you and Snapfish whereby you agree to use the Services only in accordance with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.
Please read and carefully review these Terms, as they form a legally binding agreement between you and Snapfish. You should pay special attention to the arbitration provision set forth below which, except and to the extent prohibited by law, requires you to arbitrate any claims you may have against Snapfish on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The Services are intended for adults. This means you must be at least 18 years old to use the Services. You can create a Snapfish account if you are at least 18 years old and submit certain requested information to Snapfish, including your name and correct email address. As a customer, you must provide Snapfish with true, accurate, and complete information about yourself when requested (whether by questionnaires, surveys, registration forms, or other informational requests), and must keep that information updated so it is current and accurate. You are responsible for preserving the confidentiality of your account and password, for restricting access to your account, and for all activities that occur under your account or password. You will immediately notify Snapfish of any actual or suspected unauthorized use of your account.
Your Snapfish account credentials will work across all Snapfish websites. However, while the majority of your data is accessible in your account across all websites, certain information, such as your projects and order history, may not be accessible because our service providers and product offerings vary between regions, and a project you start in one region may not be available for purchase in another. When you switch between regions for the first time, you will be given an opportunity to provide certain consents, as appropriate, for that region.
For French residents only, if you provide your phone number, you have the right to object to being contacted by phone for direct marketing purposes at any time, by registering free of charge on www.bloctel.gouv.fr.
“Active Participation” Required
Snapfish offers free, unlimited storage of online photos to customers who maintain Active Participation. “Active Participation” is defined as purchasing or ordering product through the Services at least once every 365 days. Purchases through Snapfish third-party advertisers do not count towards Active Participation. If you cease Active Participation for any reason, Snapfish reserves the right to terminate your account (or any part thereof) and your use of the Services, subject to the Termination provision in Section XIV of these Terms, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you via the Services.
Termination of Services in Certain Locations
If Snapfish decides to discontinue the Services in your country, your account will be automatically terminated when the Services discontinue. Snapfish will notify you at least thirty (30) days before any termination of Services in your country. Any unused free product credits will expire on the date Services end in your country.
Video storage may be provided depending on the Services you subscribe to. When you upload Content to the Services, the original resolution and format of your Content may be modified depending on the upload speed you choose. If you upload Content with very high resolution or bitrate Snapfish may, in its discretion, down-sample the Content regardless of the upload speed you choose.
You should always preserve your original Content, or make back-up copies of your Content, on your personal computer system. Do not use the Services as the only repository or single source for your Content. The Services are provided “as is” and “as available,” and Snapfish will not be liable for the loss of any Content.
You can create unique projects by combining blank products offered by Snapfish with your photos or content (“Projects”). Projects are created by clicking “make this product” or “create now” in the product details page.
You can save Projects that you haven’t yet purchased (“Saved Projects”), purchase them when you first create them (“Purchased Projects”), or delete them (“Deleted Projects”). You can recover Deleted Projects for thirty (30) days after you delete them. After thirty (30) days, Deleted Projects cannot be recovered.
Snapfish may remove Saved Projects from your account if they have not been modified in 365 days, without prior notice to you. Saved Projects removed by Snapfish cannot be recovered.
You may not use the Services to process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that:
Though Snapfish is not required to do so, it may from time to time examine any Content submitted to the Services. Although Snapfish does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Snapfish may delete, move, or edit Content for any reason, at any time, without notice.
All Content (whether private or public) is the sole responsibility of the person who submitted it. You are solely responsible for your Content.
By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure.
Snapfish in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.
As a convenience, Snapfish may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. Snapfish makes no representations or warranties concerning, and is not liable or responsible for, any such software.
The Services may contain links to other websites. We are neither responsible for the availability of these external sites, nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of, or reliance on, any content, goods or services available on external websites. These websites have their own privacy and data collection practices, and we are not responsible for their privacy practices. We recommend carefully reviewing the user terms and privacy notice of these other websites prior to use.
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.
The Services contain copyrighted material, trademarks and other proprietary information including, but not limited to, videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (individually and collectively the "Snapfish Content"). The Snapfish Content is subject to copyrights and other intellectual property rights owned by Snapfish and other individuals or entities and is protected under United States and international law.
The names, trademarks, service marks, and logos of Snapfish belong exclusively to Snapfish and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Snapfish or any third-party.
Ownership. You retain ownership of your Content and any rights granted to Snapfish are granted as a license. Although you retain ownership of your Content, any material, tools, features, templates or layouts provided to you by Snapfish that you use to arrange or organize your Content do not belong to you, and the rights to these materials, tools, features, templates or layouts belong to Snapfish.
Content License. In order for Snapfish to provide the Services to you and your “Invitees” (defined as anyone who is invited to the Services to see an album), you hereby grant to Snapfish and its parents, affiliates, subsidiaries, agents, vendors and assigns the perpetual, irrevocable, worldwide right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Services to you or your Invitees; (b) showing you how your Content would appear in a product or service offered by Snapfish or one of its agents; and (c) improving the Services (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a mug or calendar that includes one of your images, for your potential purchase. Likewise, we may send you images from various dates in your account to remind you of your past memories.
Warranty. As a condition to account creation, you represent and warrant to Snapfish that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other proprietary right of any third-party.
Personal Rights. By submitting Content to Snapfish, you consent to the use of your likeness, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the Content to Snapfish.
The Services are protected by U.S. and international copyright and intellectual property laws and by other applicable laws. You may not Process any Content owned by someone else without the express written consent of its owner. You are solely liable for any intellectual property infringement or other violations that arise or result from your use of the Services.
If you believe that your work or the work of someone else has been used in a way that constitutes copyright infringement, Snapfish has a process in place to respond to your concerns. You can report any concerns regarding copyright infringement via this link at the bottom of our homepage REPORT AN INFRINGEMENT.
EXCEPT FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, SNAPFISH WARRANTS ONLY THAT PRODUCTS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRODUCTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, SNAPFISH'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR SNAPFISH, AT ITS SOLE OPTION, TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCTS, OR (ii) REPRINT THE PRODUCTS AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SNAPFISH AND SNAPFISH AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNAPFISH MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS. SNAPFISH MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICES OR THAT ARE ADVERTISED ON THE SERVICES, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, UNLESS SUCH DAMAGE IS IMPUTABLE TO US. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
For German residents only, if the delivered goods are defective, you are entitled, within the scope of legal provisions, to request rectification, withdraw from the contract, or reduce the price.
For French residents only, certain warranties may automatically arise, as described below:
Snapfish provides the legal warranty of conformity as set forth in articles L. 217-4 et seq. of the French Consumer Code and the legal warranty against latent defects as set forth in articles 1641 to 1648 and 2232 of the French Civil Code.
As regards the warranty of conformity, you have a period of two years from the delivery of the product within which to act. You can choose between the repair or replacement of the product, provided that your choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect, pursuant to article L. 217-9 of the French Consumer Code. You are not required to provide proof of the existence of a lack of conformity during the 24 months following the delivery of the product. This legal warranty of conformity is applicable irrespective of the commercial guarantee which may have been granted. Please note that Snapfish does not grant any commercial guarantee. In addition, you may implement the warranty against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code. In this case, you can elect between the sale being canceled or the sale price being reduced pursuant to article 1644 of the French Civil Code.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, SNAPFISH WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF SNAPFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Snapfish, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Snapfish assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH SNAPFISH IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY SNAPFISH. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
After creating your products, from your shopping cart you will be able to review/edit your products, and/or remove your products before placing your order.
Your order constitutes an obligation to pay, subject to acceptance by Snapfish at our sole discretion. Your order is accepted by us when we ship the goods to you. An order confirmation does not signify our acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your order is accepted.
Snapfish reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this section, and you have already been charged, Snapfish will automatically issue a refund to you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. At the latest, delivery will occur within thirty (30) days from acceptance of your order by Snapfish.
Please note that Snapfish is not able to deliver to all regions worldwide. If your desired country for delivery is not in the dropdown list of countries on the order entry page, then we do not currently deliver to that country.
All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. All prices are inclusive of value added tax (VAT) or goods and services tax (GST) at the appropriate rate, where applicable. Snapfish reserves the right to change the prices published on the Services at any time. However, orders already submitted to us will not be affected by such changes.
Please note that merchandise may include logos or brand elements that are owned by Snapfish. We seek to ensure that these Snapfish brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your product, please contact us.
There is no right to withdraw your order once it is placed as all goods are made to your specification. However, if goods are faulty, Snapfish will either refund the full purchase price (including shipping), or reprint the product at no additional cost. Additionally, the terms under Notice of Defects apply. In no other circumstances will Snapfish provide a refund.
You have the following rights in addition to your rights under Section IX:
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.snapfish.com.au/help as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Snapfish within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.
Snapfish may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any reason, including: (i) upon your request, (ii) conduct that violates these Terms or other policies or guidelines set forth by Snapfish elsewhere within the Services, (iii) conduct Snapfish believes is harmful to other Snapfish users or the business of Snapfish, or (iv) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any Content in or related to your account.
Except where and to the extent prohibited by law, by using the Services you and Snapfish agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving Snapfish’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to:
Both you and Snapfish agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THIS PROCEDURE, YOU AGREE TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS THE SOLE AND EXCLUSIVE MEANS FOR RESOLVING SUCH DISPUTE. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the San Francisco, California area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of disputes related to or involving Snapfish’s intellectual property.
For German residents only, the laws of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For French and Italian residents only, we encourage you to contact us first at [email protected] in order to find any amicable solution. If no amicable solution is found after you have contacted us, please note that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
For German residents only, we inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
Snapfish may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. When we do so, we will update the “Last Updated” date at the beginning of these Terms. You will be notified of any amendments or modifications made by Snapfish to these Terms and given an opportunity to accept the new Terms or cease use of the Services.
For French residents only, pursuant to the provisions of Article L. 213-1 of the French Consumer Code, we will store and archive, for a period of ten (10) years, all agreements entered into with you for a value of EUR 120 or more and you will be able to access them at any time.
This right of access may be exercised at any time by contacting Customer Support.
These Terms constitute the entire agreement between you and Snapfish governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Snapfish Affiliate services, third-party Content, or third-party software.
The failure of Snapfish to exercise or enforce any Term will not constitute a waiver of such Term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to give effect to the parties’ intent with regard to the provision as reflected in the Terms, and that the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.