Terms and conditions


BY USING RED-FLY AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE RED-FLY PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE RED-FLY AND THE SERVICES OFFERED ON RED-FLY.


1. Generally
1.1 Red-fly is owned and maintained.Terms and Conditions for the service Red-fly govern your access to and use of our service,except where written agreements are given.
1.2 The terms and conditions also apply to websites where Red-fly may provide photo services.


2. Your submissions/personal confidentiality/data protection
2.1 Registration is free.
2.2 To get access to your private online album on Red-fly, you must register providing a valid email address.You must also define your private password.
2.3 You may, at any time, change your personal information in your profile and is your responsibility to keep it up to date.
2.4 You may accept at registration to receive newsletters with information about special offers and new services.You may at any time change your profile and stop receiving the newsletters.
2.5 Red-fly may from time to time send important messages to all registered Users regarding all sorts of issues that Red-fly consider as necessary for the system’s better operation.(technical matters ,conservation matters etc)
2.6 Registered Users have the responsibility to keep their personal information confidential and should not share their username and password with others.
2.7 All orders from the register User’s account will be treaded as valid and executable even if they are from a third party using the specific account without Users permission.
The User is obligated to inform immediately Red-fly if he/she notice that someone else is using his/her account.
2.8 We will treat any information we have about you in confidence and will not disclose it to anyone besides yourself, or in accordance with any direction you have given us. Additionally there are circumstances in which we may be required by law to disclose information. Such requests usually come from Statutory Authorities, for example, Police Forces, Customs etc. Any such disclosure will be strictly controlled and will be made fully in accordance with current Cyprus legislation.
2.9 You may, at any time, ask for deletion of your information, online account and all your pictures at Red-fly.
2.10 The personal information/photos/photobooks or other User information will be stored as long as you are a registered User at Red-fly.It will remain in our system until you delete the information or ask Red-fly to do so.
2.11 Red-fly reserves the right if consider necessary for system’s better operation to delete any personal information/photos/photobooks by sending a warning to the registered User by email with sufficient time notice.
2.12 Your email and password is your User identification at ref-fly.com. If you forget your password, you may get a new one by asking for it (password recovery). This will be sent to your email address.


3. Red-fly's rights, duties and responsibilities
3.1 By registering as a User of the service, the User gives Red-fly permission to download/upload/move Users photos from one machine to another within Red-fly's production systems so Red-fly can copy and send copies to the User/Customer or delivery address given by User.
3.2 The User also gives Red-fly permission to send or share, one or several  images, to the User’s list of contacts  on Red-fly with the User’s permission. Red-fly will not send pictures without the User’s written or electronic permission.
3.3 The Service and the software of the Service contains information which are protected by the intellectual property laws. Any transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade name, trade secret or any other right used without proper authorization and material that is obscene, defamatory, constitutes an illegal threat or violates any law or regulation.
3.4 The subscribers/users are not allowed to copy, reproduce or distribute in any way the content of the Service or to create any products resulting from the content of the Service, without the express authorization of Red-fly or any publisher of the content.
3.5 Red-fly will not use any images for marketing purposes except if agreed with the User.
3.6 Red-fly cannot guarantee that Red-fly will be available at all times. Red-fly cannot, under any circumstances, be liable for any indirect, incidental, special, punitive or consequential damages for loss of profits, use, data or other loss due to downtime or other failures/errors with our services. Red-fly cannot, under any circumstances, be responsible for any loss due to intentional or voluntary actions done by one of our employees.
3.7 Red-fly shall bear no responsibility for any damage and/or harm incurred by the User and/or any third party due to the temporary and/or permanent disconnection of the Service.
3.8 Red-fly cannot be held responsible for a User’s loss of profits if these errors (as mentioned above) occur, and will only cover a customer’s loss as indicated below.
3.9 Red-fly offers unlimited storage of albums/images. Red-fly cannot be held responsible for any loss of images due to deleting or changing the images in a User’s photo album.  Red-fly may restrict the storage limit at any time in the future.
3.10 If a photo is deleted from the storage by fault caused directly by Red-fly, Red-fly. will only cover the amount the User has paid for scanning/digitalizing the deleted photo (only if the photo is scanned by Red-fly).Red-fly has no responsibility for the content of any Users of Red-fly.
3.11 Red-fly is not responsible for any deleted images and is not responsible for any losses of deleted photos.
3.12 A registered User on Red-fly is responsible for all content of his/her album Red-flyor other sites provided by Red-fly. Under these terms, you agree that you will not post, place or upload any of the following material or obtain such material using Red-fly services that is:
a) illegal by laws of Cyprus,
b) any threatening, defamatory, abusive, obscene, pornographic, racist or generally any  inappropriate material or any material that could rise  civil or criminal liability under applicable law,
c) files that contain viruses or programs meant to harm or gather information.
3.13 By violating one or several of the mentioned terms in this section, Red-fly may, at any time, terminate your permission to use the services without any notice. Red-fly reserves the right to delete all information, photos and photobooks of the user in such cases.Red-fly may take further legal actions, and personal information and images can/will be provided to the enforcement of the applicable law.
3.14 Users of the service are expected to own full rights of images submitted, or obtain permission to use any photo, before photo is uploaded or printed at Red-fly  Users guarantee all rights of images,photos and it\'s texts, uploaded to Red-fly.
3.15 Red-fly may, at any time, terminate the agreement between User and Red-fly if user does not fulfill their payment commitments to Red-fly or constantly delays any payment or  at any way  fail to fulfill his/her obligations against Red-fly.


4. Orders
When you order products or services on the Website, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.


5. Prices
The price of any product, or shipping and handling charges, is the one that is given in the price list on Red-fly the day the User confirms the order.  All prices are in Euros and taxes are included.  Prices will be shown before finalizing the order.  Red-fly reserves the right to, at any time, change the prices. Red-fly adds 1 or 2 pages depending on the size and/or type of photobook for the Red-fly logo copyright.  User will be charged the total amount of pages including the Red-fly logo pages. Total pages and Price will be shown before finalizing the order.


6. Terms of payments
All products and merchandise are Red-fly property until full payment is done. Only persons which is 18 years of age or older may use our services for purchases.An order is committed to the User when confirmed on our site. As soon as an order is registered in Red-fly database, the User will receive an automatic email confirming that Red-fly have received the order. Users commit to check their email regularly after an order is confirmed. If you do not receive an order confirmation, please contact us on contact@Red-fly.com.
In the case that payment is done by Credit Card, a purchase with the name << WWW.RED-FLY.COM>> will appear in your bank statement.


7.Delivery


7.1
Any fake orders, abuse and fraud attempts can/will be reported to the enforcement of laws of Cyprus.

7.2
If the parcel is not received within twenty (20) working days from shipment confirmation, the customer must contact  contact@Red-fly.com. Red-fly will then try to trace the shipment and find the problem. Customer must also contact and check with their local post office. If the shipment is missing  Red-fly will examine the issue and, if possible, send replacement products to the buyer. For more information please see Red-fly’s Return Policy on this site.

7.3
Delivery time of Red-fly is pointed out on the website under “Pricing”- “Delivery Info”, and those should be considered as valid.

8. Exclusion of liability damaged shipments/parcels
Red-fly does not have any responsibility if during delivery occurs: force majeure, act of god, fire, earthquake, war, terrorist act, natural disaster, flood, civil disorder, strikes or lockouts, uproar, governmental action or administrative act, legislation or any technical damage or interruption or damage in the fixed telecommunication network or any other cause beyond Red-fly’s and  control. Furthermore Red-fly does not have any responsibility for errors, delays or damage that may occur  with the goods during delivery.

Registered Users that want to purchase a Photobook are responsible for entering the correct details on their Photobook. Red-fly adjusts the photos with the details as you suggested any spelling or grammar or any other mistake is exclusively your responsibility.

9. Disagreements
All disagreements that may force legal actions between buyer and provider (Red-fly) shall be treated in the courts of  Cyprus.

10. Amendments
Red-fly may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Red-fly on the Website, (2) for existing Users, thirty (30) days after posting by Red-fly on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after Red-fly sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.

11. Eligibility
By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older and (d) your use of the Services does not violate any applicable law or regulation. Your Red-fly Account (the “Account”) may be deleted without warning if we believe that you are younger than eighteen year old.

12. Term
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason. Red-fly may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile.Even after termination some clauses of this Agreement may still remain in force thus binding to the User. You understand that termination of this Agreement and your Account involves deletion of your Red-fly profile information from our live databases as well as any Content that you uploaded to the Red-fly Website using such Account. Red-fly will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

13. Fees
The differentiation of charges is at the discretion of Red-fly. Any differentiation made to the charges may be from any increase imposed to Red-fly by any content or other service provider from whom Red-fly buys content and/or services in order to provide the Services to the User shall apply to the User after they notified and/or announced to the User through the Web Site. Any differentiation of charges shall not constitute an amendment to the terms of the Agreement.


14. Conditions of sale

14.1
Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Red-fly currently does not accept cash, checks or any other payment form ,although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Red-fly invoices the credit card for all amounts due and payable. By providing Red-fly with your credit card number and associated payment information, you agree that Red-fly is authorized to immediately invoice your account for all fees and charges due and payable to Red-fly as a result of your purchase of any Photobooks or other products. You agree to immediately notify Red-fly of any change in your billing address or the credit card used for payment hereunder. Red-fly reserves the right, at any time, to change its prices and billing methods for Photobooks and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you(please also see section13.1).

14.2 Fees and Charges.
 Red-fly may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Photobooks or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Photobooks or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Red-fly has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Photobooks or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Red-fly with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Photobook or other product to your customers) at the rates in effect when the charges were incurred.

14.3 Disputes.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address address: info@red-fly.com. If Red-fly does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Red-fly or its agents.


15. Order acceptance policy
Your receipt of an electronic or other form of order confirmation does not signify Red-fly’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Red-fly reserves the right at any time after receipt of your order to accept or decline your order for any reason. Red-fly.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Red-fly.com upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.


16. Password
When you sign up to become a Member, you will also be asked to choose a username (your email) and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Red-fly  immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.


17. Proprietary Rights

Your Content.
Your “Content” includes the text, files, images, photos, video, sounds, works of authorship, and other material (a) that you include in the Photobooks, submit to Red-fly for Photobooks and print services, or that you contribute to the Photobooks of other Members (“Photobook Content”), and (b) that you post in any of our forums, share with other Members through the Services, or feedback that you provide to us (the “Other Content”).Red-fly has no ownership in any of your content.RED-FLY however, to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Content:
A. License to print your Photobooks. You hereby grant to Red-fly a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Photobook Content for the purpose of printing the Photobooks that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Photobooks).
B. License to use your Photobook Content for optional Red-fly features. In the event you decide to use any optional feature that Red-fly may offer, such as allowing others to search for and see an electronic preview of your Photobook(s) or applications to use the Services in connection with other services and online communities, you hereby grant to Red-fly a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Photobook(s), any Photobook Content therein, and any other data and information you provide in connection with the optional feature, as required for Red-fly to provide such optional feature.


18. Prohibited Content

You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 or any other age  in a sexual or violent manner, or solicits personal information from anyone under 18;(vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes.

18.1 Your Profile.
Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

18.2 Non-Commercial Use.
The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by Red-fly’s management or in connection with Services expressly designated for commercial use.Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.

18.3 Member Interaction.
You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User.

18.4 No Disruption.
You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any Red-fly page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.

18.5 Miscellaneous.
You will not attempt to impersonate another User or person, including any employee of Red-fly. You will use the Services in a manner consistent with any and all applicable laws and regulations.

18.6 Enforcement by Red-fly.
Red-fly has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Red-fly violates this Agreement, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person, or creates liability for Red-fly, its suppliers, other service providers, partner companies, or any User.                  Red-fly.reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you without any notice.


19. Third Parties and Other Users


19.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because Red-fly does not control such Content, you agree that Red-fly is not responsible for any such Content, including advertising and information about third party products or services. Because Red-fly does not have control over such Content, Red-fly makes no guarantees about the accuracy, currency, suitability, or quality of such Content , and Red-fly assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. 

19.2 Responsibility.
Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the books of other Members and to receive contributions from other Members to your own Photobooks (please see also the next section). You agree that Red-fly will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), Red-fly is under no obligation to become involved; however, Red-fly reserves the right to monitor disputes between you and other Users as it is also pointed out in section 2.8.


20. Release
You hereby release Red-fly, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.


21. Indemnity

You agree to defend, indemnify, and hold Red-fly, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.


22. Electronic communications

The communications between you and Red-fly use electronic means, whether you visit the Website or send Red-fly e-mails, or whether Red-fly posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Red-fly in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Red-fly provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.


23. Copyright/Trademark Information

All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Red-fly or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark (see also section 3.3 )