Terms and Conditions

Welcome to SubBook ApS. Please read the following conditions for use very carefully. They include the legal terms and conditions that regulates your use of and access to our websites, mobile websites, and mobile apps, and our delivery of products and services. Some services, campaigns, and functions can have additional terms and conditions. Such additional terms and conditions will be described separately with activities such as campaigns.

When you make a purchase through this app, you automatically accept the following terms and conditions. You accept that you have read the terms and accept the conditions for use, and our privacy policy. If you do not agree with these terms for use of our websites, mobile websites, and mobile apps, you should keep from using them. Therefore, we recommend that you read them thoroughly before making a purchase.

By visiting some of our websites and apps, your consent to these terms and our privacy policy is indicated. Any ordered products or services used via any of our websites or apps are also managed under these conditions. By setting up a revised version, we can change these conditions during time.

Use of our websites and apps

You can gain access to and use our websites and apps solely for personal, non-commercial use. Unless anything else is explicitly allowed, our websites and apps cannot be reproduced, copied, sold, resold, visited or in any other way utilized for any commercial purpose without prior written permission. We reserve the right to change or interrupt our websites and apps fully or partially at any time.

With reservations concerning and under the condition of you abiding by these terms, we give you a non-exclusive, non-transferable, limited right and license – with no right to under license – to gain access to and use our websites and apps. This includes pictures, text, graphics, sounds, data, links, and other materials incorporated in our websites and apps (except your materials submitted as a user, as it is defined below), which exclusively is accessible to us and exclusively is made for personal use. Except, as explicitly approved by these terms, you may not use, reproduce, distribute, modify, transmit, or publicly display any part of our websites and apps, or create derivative works of any part of our websites and apps without our written consent. When using one of our website and apps, you agree to refrain from:

-       Fighting against, misuse, harass, steal, threaten, or in any other way offend others’ rights, including not limiting their right to privacy or to publicity;

-       Pretend to be another person or entity, use misleading or inaccurate email address or other contact information;

Restrict or inhibit any other user from using any of our websites and apps, including by "hacking" or destroying any part of our websites and apps;

-       Violate any existing laws or regulations;

-       Upload to, transmit through or display on any of our websites and apps (a) any material that is unlawful, deceitful, threatening, violent, libelous, defamatory, improper or otherwise contradictory or offensive on our or third-party's intellectual property rights or other rights; (b) any confidential, proprietary or trade secret information provided by a third-party; or (c) advertising, instigation, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communications (unless otherwise is explicitly permitted by us)

-       Engage in spam

-       Transfer software or other material that contains virus, worms, Trojan horses, defects, or any other damaging objects

-       Modify, adapt, translate, distribute, compile or separate any part of our websites and apps

-       Remove any copyright, trademark or other proprietary rights contained in or displayed on any part of our websites and apps

-       Display adult nudity or inappropriate nudity involving children

-       Send material containing hate or malicious content, adult service offers, or material that promote violence

Failure to abide by the above rules will constitute a breach of our terms. In addition to any legal enforcement measures we may choose to use, we may immediately terminate your access to and use of our websites and apps if the foregoing and following is not refrained from in the use of our websites and apps:

Content or pictures that infringe third-party intellectual property rights. Content or pictures that violate the privacy or advertising rights of any living or deceased person. Content or pictures showing discrimination based on race, gender, religion, nationality, disability, sexual or political orientation or age. Content or pictures depicting illegal activities, illegal substances and equipment intended for use in connection with illegal drugs or activities, or convicted criminals. Content or pictures depicting nudity or sexual material.

Your account

You can create a member account using our websites and apps by registering your name, providing certain information about yourself and creating a password. You agree to providing complete, current and accurate information about yourself as requested and to keeping the information up to date. You are responsible for protecting the privacy of the username and password that you use to access your membership account on our websites and apps. You agree not to disclose your username or password to any third-party. You agree to being fully responsible for any activities or actions performed under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of our websites and apps.

Your submission of personal information to SubBook is subjected to our privacy policy.

You agree to the fact that we have no responsibility towards you or any other party as a result of termination of your access to our websites and apps and to your account, and/or as a result of deletion or loss of information, files or materials in or related to your account.

Purchases

If you wish to purchase products or services through any of our websites and/or apps, we will ask you to provide certain information that applies to your purchase, including payment and other information such as delivery details. Any such information will be treated as described in our privacy policy. All information you provide to us or our third-party payment procedures must be accurate, current and complete. YOU GUARANTEE THAT YOU HAVE THE RIGHT TO USE (ONE) CREDIT CARD OR OTHER PAYMENT METHOD TO START ANY TRANSACTION. You agree to pay all fees accruing to any use of your account and credit card (or other applicable payment mechanism) at the rates applicable when such charges occur. You will also be responsible for paying any existing charges regarding your purchases. Confirmation of information applicable to a purchase may be required prior to our acceptance of any order.

 

Descriptions, pictures, references, features, content, specifications, products, price and availability of products or services are subject to change without notice. Our current prices and terms can be found on our websites and apps. We make reasonable efforts to accurately show the aspects of our products, including the applicable colors. However, the actual color you see depends on your computer/phone system and we cannot guarantee that your computer/phone will display these colors accurately. The inclusion of products or services on our websites and apps does not imply or guarantee that these products or services will be available at any time. It is your responsibility to determine and comply with all applicable local and international laws regarding the possession, use and sale of goods purchased through our websites and apps. By placing an order you vouch for that the ordered products will only be used legally. We reserve the right, with or without notice, to limit the amount available or discontinue any product or service, and to change or honor the terms of discount and promotional codes. We reserve the right to send partial orders (at no extra cost to you) and the part of an order that is partially shipped may be charged at the time of shipment.

Printing errors

In the event of a SubBook product or service being set at an incorrect price or quantity due to a typographical mistake or price information error received from our suppliers, SubBook has the right to reject or cancel any orders for an item ordered for an incorrect price or quantity. SubBook has the right to reject or cancel such orders, even if the order has been confirmed and your credit card debited. If your credit card has already been charged for the purchase and your order has been canceled, SubBook must issue a credit note to your credit card at the wrong price.

Contests/campaigns

Contests, campaigns, surveys, games or the like (collectively called "campaigns") available through our websites and apps may be subject to certain rules separate from this agreement. By participating in such activity, you may be subject to other rules which may vary from the original terms. We encourage you to review any specific rules that may apply to a particular campaign.

Mobile apps

Before using our mobile applications (“app” or “apps”), we may ask you to install a valid copy of the app on your mobile device, register for an account, enter your account information in the app as requested, and comply with certain hardware requirements and connectivity, which may change as the app evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when using the app. If you uninstall an app from your mobile device, you may not be able to use all or some of the features of the app. We make a reasonable effort to reproduce the original quality of the photos you order through the app, including the colors and sharpness of these. However, the actual color you see depends on your mobile device, and we cannot guarantee that your mobile device will accurately reproduce colors. By purchasing or receiving a SubBook photobook, you agree to these terms. If you do not agree to these terms, do not use the service. Your mobile phone must be capable of supporting the SubBook app, and you must provide us with a current and valid payment method (which may then be updated from time to time) to use SubBook. We may change prices from time to time and will communicate any price changes to you. Price changes will take effect at the beginning of the next period following the date of the price change. By continuing to use the service after the price change takes effect, you accept the new price.

 

Gift cards are non-refundable, except to the extent that current law allows. Gift cards cannot be resold or transferred to value. Gifts expire during the time period indicated on the gift card. Title to the gift card and the risk of loss, destruction or deterioration passes to the buyer upon purchase. We are not responsible for any gift cards lost, stolen, destroyed or used without your permission.

 

From time to time, different types of promotional codes may be available, including those provided as part of a third-party campaign. Promotional codes can be redeemed as described in the campaign specifications. Promotional codes cannot be redeemed for cash and may be subject to certain restrictions. If you received a promotional code through a third-party offer, additional terms may apply.

 

Payments are non-refundable.

 

The SubBook app is developed and designed to allow your mobile device to upload and create photobooks. This software and your ability to upload pictures may vary by device and medium, and features may also vary between devices. By using the SubBook photobook app, you automatically agree to receive updated versions of the SubBook photobook app and associated third-party software. We do not take responsibility for or otherwise guarantee the performance of these devices, including the device's continued compatibility, the photobook app as licensed and not sold to you for personal and non-commercial use, and we retain ownership of all copies of SubBook's photobook app software programs - even after installation on your device.

Upgrade membership/submission

You can upgrade your membership/subscription at any time by accessing the "Settings" section of the SubBook app. You can also downgrade your plan at any time by contacting customer support at support@subbook.com.

Third-parties’ websites, software, and services

Our website and apps may direct you to websites, software or services owned or operated by third-parties. We have not reviewed all third-party properties that you may be targeting, and we have no control over such third-party properties. We have no control over and are not responsible for (a) the content and operation of such third-party properties, or (b) the privacy or other practices of such third-party properties. The fact that our sites and apps direct you to such third-party properties does not indicate any endorsement or approval of such third-party properties. We only address you to such third-party properties as a convenience. You are responsible for any costs associated with such third-party properties, including any applicable license fees and service costs. Therefore, we encourage you to make yourself aware of the terms and conditions of use and practices of such third-party properties. Other websites may provide links to our websites and apps with or without our permission. We do not endorse such websites and are not and will not be held responsible for any links from those websites. These include links to our websites, apps, content, advertisements, products or other materials available on or through such other websites. We also have no responsibility for any loss or liability in connection therewith. You agree that your use of third-party websites, software and services, including your use of content, information, data, advertising, products, or other material on or accessible through such sites, software and services, is at your own risk and subject to the terms and conditions AND THE APPLICATION INSTRUCTIONS REGARDING SUCH SITES, SOFTWARE AND SERVICES. We have the right - at any time - to block links to our sites and apps through technology or other means without notice.

Social media and other services

When you use our services, you are able to give us access to your account (or accounts) with certain third-party social media and other services, such as Facebook and Instagram. Provided you allow it, we may collect and make available on the site and in apps the pictures and other content that you have stored in your account. By giving us access to your content, you understand that we will access and store (if relevant) your content, so that it is available on the website and in our apps. We are not responsible for any content stored on for example Facebook or Instagram that you choose to make available on the website and/or apps. You choose, depending on/subject to the personal information you have provided in for example your Facebook or Instagram account, the personally identifiable information you send to your account will be available on the website and through our apps. Please note that if an account becomes inaccessible or terminates our access to your account, content from that location may no longer be available on the website and in our apps. You have the option to disable the connection between the website, apps and your account(s) at any time by going to the "Settings" section of the website and apps. PLEASE NOTE THAT YOUR CONNECTION WITH ANY SOCIAL MEDIA ACCOUNT, INCLUDING YOUR RIGHTS WITH REGARD TO ANY CONTENT THAT YOU PROVIDE FOR A SOCIAL MEDIA ACCOUNT AND THE STORAGE OF THIS CONTENT, IS APPROVED BY YOUR AGREEMENT(S) WITH THE ACCOUNT INFORMATION PROVIDED BY YOU. News submitted by you such as photographs, images, graphics, and other materials are subject to the following terms and conditions: 

You will retain ownership of such materials and you provide us with a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple levels), create derivative works of and publicly display such user submitted materials, solely in connection with the production or delivery of any product or service that you request, or to show you how your user submitted materials appear in your products or services. For example, when you order a product, we prepare, manipulate (process - if necessary) and ship the submitted materials for production, packaging and shipping. If you would like to share a photobook with your friends and family, we will also accommodate your request by making your photos available to your friends and family to download and/or use and make your own projects and purchase products with these photographs. Please note that while retaining ownership of your user submitted materials, any template or layout in which you arrange or organize such user submitted materials through tools and features available through our websites and apps - and the rights to such template or layout - are reserved by our ownership. You vouch for the fact that you own or otherwise have all necessary rights with respect to the materials submitted by the user, and that the materials submitted by the user do not infringe, misuse, use, or publish material without permission or otherwise infringe copyright, trade secret or other intellectual property or other proprietary rights of any third-party, and that the materials submitted are not illegal, fraudulent, threatening, infringing, libelous, defamatory, obscene, or otherwise contradictory. You agree to the use of your device, and you have obtained the written consent, release and/or permission of all identifiable persons appearing in the material. If you submit a post containing the identity of an identifiable person under the age of 18, we strongly encourage you not to include any identifying information (such as the individual's name or address) with such user-submitted materials. You agree that we may (but are not obligated to) filter material submitted by the user (including the deletion or replacement of explosive or other harmful or offensive language), refuse to use material submitted by the user (including the suspension of processing and shipment of any order regarding any user submitted materials) and/or disclose any material submitted by the user and the circumstances surrounding its use to any third-party for the purpose of providing the applicable products or services, to enforce these terms, or comply with legal obligations.

 

You agree to hold us, our directors, shareholders, employees, contractors, agents, representatives, subsidiaries and third-party users irresponsible from and against all claims, causes of action, liabilities, damages, losses and costs (including without limitations attorney's fees) arising directly or indirectly from or to: (a) your breach of these terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (b) your user submitted materials; (c) your activities in connection with obtaining products or services from us; or (d) any activity related to accessing or using your account by you or any other person. Material that violates these terms may be removed from our websites and apps - provided that we have no obligation to remove user submitted materials in response to user reports or requests. We are in no way responsible for removal, non-removal, or loss of material from users of our websites and apps. We recommend that you keep backups of your user-submitted materials on your hard drive or other personal system. We are not required to review user-submitted copyright infringement materials; we are committed to protecting copyright and expect users of our sites and apps to do the same.

If you believe that any material used or displayed on or through our websites and apps violates your copyright, you (or your agent) may send us a notice, requesting that the material be removed or accessed blocked. The notice shall contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed; (b) identification of the copyrighted work alleged to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identifying the material claimed to be infringing or subject to infringing activity and information reasonably and sufficiently to allow us to locate the material on our websites and apps; (d) the name, address, telephone number, and email address (if available) of the complainant; and (e) a statement that the complainant has a good faith belief that the use of the material in the manner complained of is not permitted by the copyright owner. Notices regarding our sites and apps should be sent to SubBook via support@subbook.com.

 

We may allow you to share your user-submitted materials with other users, online image sharing features, and our public gallery.

Patents and jurisdiction

Our websites and apps are covered by patents. Our sites and apps are © 2017 SubBook, ApS. All rights reserved. SubBook owns the registered trademarks and logos listed here. Trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service other than ours in any way that may cause confusion. Nothing contained on any of our websites and apps shall be construed as giving implicit right to use any of our trade names, trademarks, or service marks without our explicit and prior written consent.

 

Our websites and apps are managed and operated from Denmark. Our websites and apps are not subject to the law or jurisdiction of any country or territory than Denmark. We do not warrant that any of our websites and apps, products and/or services or any part thereof are appropriate or available for use in a particular area/country. Those who choose to access SubBook do so at their own initiative and at their own risk and are responsible for complying with all applicable laws and regulations. We may at any time limit the availability of our websites and apps in whole or in part to any person or geographic area we choose.

 

Terms are regulated by and interpreted in accordance with the legislation in Denmark. You agree to subject yourself to the terms and conditions described above.

Changes in terms and conditions

SubBook reserves the right to change the terms and conditions, but is not limited by any changes to the use of the SubBook app. You are responsible for regularly reviewing and following these terms and conditions.

 

Last updated: October 4, 2019