Terms


Effective Date: January 1st, 2018


When you signup for a Fotomat account the General Terms of Service apply. When you upgrade to a paid subscription the Additional Terms of Service apply.


If you have any questions about the terms and conditions, please contact us at support@onfotomat.com

General Terms of Service


1. Definitions

User: person or legal entity with a Fotomat Account.

Fotomat: Fotomat / Metagrid B.V., a private limited liability company incorporated under Dutch law, having its registered office in Rotterdam, the Netherlands.

Fotomat Account: the account that is granted to User as soon as the Agreement is concluded.

Service: all services, products and/or software supplied bij Fotomat.

Content: all information (in the broadest sense) published on Fotomat, by the User.

Agreement: the agreement that Fotomat concludes with User.

General Terms of Service: the General Terms of Service applicable to the agreement between Fotomat and User.


2. Basic Terms

Fotomat offers services and software for showing, organizing and creating digital portfolios, including albums, galleries, websites and image sharing. Of which the main purpose is showcasing, promoting or displaying (selections) of digital content. These transactions are the ‘customary transactions’ of Fotomat. To keep Fotomat running smoothly for all users, User agrees that he or she will use the Service as intended.


In order to become a User, a visitor must complete a digital registration form and agree to the General Terms of Service. If Fotomat decides that a visitor may become a User, then an Agreement will be created between the visitor and Fotomat (which Agreement will be concluded through (electronic) acceptance) and these General Terms of Service will apply. A confirmation will be sent to the User’s email address. These General Terms of Service are applicable to every use of Fotomat and all services, products and/or software to be supplied by Fotomat.


As soon as the Agreement is concluded, Fotomat will consider the visitor a User and will grant him access to his/her Fotomat Account.


3. Amendments to the General Terms of Service

Fotomat may at any time unilaterally amend the General Terms of Service if circumstances or amendments to the law so require. As soon as a new version becomes available, it will be available on the website. The new version will be offered to the User for his or her acceptance the next time he or she logs in to the Fotomat Account. If the User accepts the new General Terms of Service, the new General Terms of Service will apply. Should the User not wish to be bound to these amendment(s), Fotomat will determine whether it will invoke the provisions of Article 9.3 under b of these General Terms of Service.


4. General Rules

The Fotomat Account is open to ‘customary transactions’ by the User. Fotomat has the discretion to determine what qualifies as ‘customary transactions’ and what does not.


The User may not use the Service for any illegal or unauthorized purpose. The User must not, in the use of the Service, violate any laws in his or her jurisdiction (including but not limited to copyright laws).


The following non-exhaustive list describes the kinds of illegal or harmful Conduct that are prohibited in our Service. User agrees not to Upload, post or otherwise transmit any content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable;
  • You do not have a right to transmit under any law or contractual or fiduciary agreements;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Potentially infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
  • Misrepresent itself or take on the identity of someone else while using the service;
  • Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Fotomat, or any other Fotomat service;
  • Upload, post, host or transmit unsolicited e-mail, SMS or “spam” messages;
  • Act in any manner that negatively affects other Users’ ability to use Fotomat.


Fotomat does not allow mass storage, uploading, downloading, filing, archiving of digital content that exceeds the purpose of Fotomat as described in paragraph 2.1. Where Fotomat mentions ‘unlimited’ still the rules regarding to ‘customary transactions’ apply.


‘Unlimited images, video, pages and bandwidth’ does not mean the User can make ‘an ever expanding unlimited amount’. If the User makes large amounts of presentations and/or web pages without any practical purpose or any purpose other than presenting his or her work, Fotomat has the right to deny User access to the Fotomat Account and to cancel the Agreement.


The User acknowledges that Fotomat does not pre-screen Content, but that Fotomat and its designees shall have the right (but not the obligation) in their sole discretion to refuse of remove any Content that is available via the Service.


Fotomat retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. User is responsible for adhering to such limitations.


Fotomat reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Service (or any part thereof) with or without notice.


Fotomat shall not be liable to the User or any other third party for any modification, suspension or discontinuance of the Service. Fotomat will do its best to allow the User to export content, when any of the above measures are needed.


5. Fotomat Account

A Fotomat Account may be used by any person over the age of 18.


The User must provide his or her legal full name, a valid email address, and any other required information to complete the signup process. The User is required to provide correct information when creating a Fotomat Account.


The User is responsible for maintaining the security of his or her Fotomat Account and password. Fotomat cannot and will not be liable for any loss or damage from User’s failure to comply with this security obligation.


The User is responsible for all Content posted and activity that occurs under his or her Fotomat Account (even when the Content is posted by others who have accounts under User’s Fotomat Account).


Fotomat may refuse Service to anyone for any reason at any time.


As part of the Fotomat Service, Fotomat also offers registered users free use of Fotomat sub-domains (ex: [subdomain].Fotomat.com) (“Fotomat Subdomain”) on the terms set forth the herein for the sole purpose of hosting their Content.


Fotomat retains all rights to and over any Fotomat Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason. User agrees that all such Subdomains are owned by Fotomat, are nontransferable.


The Service also includes hosting services. User agrees he or she has no access in any way to the hosting service other than is available through the Service, and that the hosting does not include any other than offered via the Service.


6. Privacy

Fotomat will process personal data in the context of the services and products that Fotomat offers. Fotomat will process these personal data in accordance with the Dutch Personal Data Protection Act. The Privacy Policy available through fotomat.app describes the terms and conditions on which Fotomat processes personal data. This Privacy Policy constitutes an integral part of these General Terms of Service. If a User agrees to these General Terms of Service, the User agrees also to the aforementioned Privacy Policy.


7. Intellectual Property

The User warrants that he or she is either (I) the copyright owner of the Content, (II) the joint copyright holder of the Content or (III) have the legal and valid permission to use any third party’s copyrighted work contained in the Content.


The User retains all copyright to all original Content he or she adds to the Service. User may export or remove it from the Service at any time.


User acknowledges that Fotomat owns all right, title and interest in and to the Service and/or any content on Fotomat not added by a User and/or an acknowledged third party, including all intellectual property rights (“the Fotomat IP”). Accordingly, User agrees that he or she will not copy, reproduce, alter, modify or create derivative works from Fotomat or Fotomat IP.


Fotomat holds various mark registrations. Fotomat’s marks may not be used without the prior written consent of Fotomat.


8. Exclusion of Liability and Warranties

In no event Fotomat shall be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages (including but not limited to loss of use, loss of profits or loss of data or goodwill) whether in an action in contract, tory (including by not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of inability to use the Service or the materials therein or resulting from unauthorized access to or alternation of data.


Fotomat will also not be liable for any harm or loss resulting from the provision by the User of incorrect information when creating the Fotomat Account.


The User, and not Fotomat, is entirely responsible for all Content that the User uploads, posts, transmits, or otherwise makes available via the Service. Fotomat does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity of quality of such Content.


Fotomat is not liable for the Content of information published by Users, but will remove, or at least block access to, manifestly unlawful information. Fotomat will have the discretion to determine what constitutes manifestly unlawful information. Users who notice that certain Content published on the Fotomat website is unlawful, must notify Fotomat.


Fotomat depends on a number of technological tools and services offered by third parties, such as suppliers of telecommunications services, in order to maintain its website and services. Fotomat had no influence on the business operations of these third parties and therefore offers no warranties with regard to the availability of its website and services.


The User acknowledges that access to the Fotomat website and/or services may be illegal in other countries. Every User bears full responsibility for acting in accordance with local laws.


The use of the Service is at User’s sole risk. The Service is provided on an “as is” and “as available” basis without warranties of any kind, expressed or implied. User expressly agrees that the use of Fotomat is at his or her sole risk.


The contents of the Fotomat website are prepared with the utmost care. However, Fotomat does not warrant that (I) the Service will meet User’s specific requirements, (II), the Service will be uninterrupted, timely, secure, or error-fee, (III) the results that may be obtained from the use of the Service will be accurate or reliable, (IV) the quality of any products, services, information or other material purchased or obtained by the User through the Service will meet his or her expectations and (V) any errors in the Service will be corrected.


9. Creation, Term, Suspension and Dissolution of Agreements

The Agreement is entered into for an undefined period of time. User may cancel his or her Agreement at any time by following the instructions under the Fotomat Account section.


If the User wants to take out a Subscription or pay once-only for a defined period of time, in addition to these General Terms of Service, the Additional Terms of Service will apply.


Fotomat has the right to dissolve the Agreement in writing with immediate effect and without notice or default and or to suspend Fotomat’s obligations and or to exclude the User permanently from Fotomat’s products and/or services and/or to remove the Content User had published on Fo or deny User access to same without prior notice if:

  • the User fails to meet his or her obligations pursuant to the Agreement and/or these General Terms of Service or he or she fails to do so in full or on time;
  • the User does not accept one or more amendments as defined in Article 3.1 of these General Terms of Service; after conclusion of the Agreement Fotomat becomes aware of circumstances that give it good reason to fear that the User will not perform his or her obligations;
  • circumstances of such nature occur that would make it impossible for Fotomat to perform the Agreement or it would be unreasonable to demand that Fotomat perform the Agreement in its unamended form; Fotomat is notified that the User has been involved in any way in publishing Content on Fotomat that is mentioned in Article 4.3 of these General Terms of Service;
  • the User is declared bankrupt or has filed for bankruptcy;
  • the User has been granted or requested suspension of payments.


If, based on the grounds set forth in this Article, Fotomat proceeds to apply the aforementioned measures, Fotomat will not owe compensation for loss or expenses incurred as a result. Fotomat, however, will be entitled to recover its loss from the User. In such case, Fotomat will also be entitled to block the User’s access to the Account and to remove the Content published by the User.


Fotomat will not be required to fulfill any obligation it has to the User if Fotomat is prevented from doing so due to a circumstance for which it is not culpable or responsible by law, a legal act or generally accepted standards.


10. Final Provisions

If any provisions of these General Terms of Service are invalid or are nullified, the other provisions will remain in full force and effect.


These General Terms of Service and the legal relationship between Fotomat and the User are governed by the laws of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.


Any disputes between the User and Fotomat will be submitted exclusively to the Court of Rotterdam. This Court will have exclusive jurisdiction over all disputes arising between the User and Fotomat in relation to this Agreement.

Additional Terms of Service


1. Definitions

Additional Terms of Service: the Additional Terms of Service applicable to the agreement between Fotomat and User in addition to the General Terms of Service.

Subscription: A subscription is a recurring payment made in advance for a Fotomat product or service. A Fotomat subscription is a pay-monthly, half-yearly or yearly plan that lets User make use of Fotomat’s paid Services.

Subscription Fees: All fees User has to pay for the Subscription.

All the other definitions mentioned in these Additional Terms of Service are the samedefinitions as mentioned in the General Terms of Service.


2. Basic Terms

These Additional Terms of Service become applicable to the Agreement between Fotomat and the User in addition to the General Terms of Service of Fotomat when the User after having a free Fotomat Account decides to take out a Subscription.


If the entity behind the User while having a free Account is different from the entity behind the User taking out a Subscription, both entities need to grant permission for taking out a Subscription.


3. Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card or other payment method is required for paying Subscriptions.


The Subscription Fees must be paid in Euros or US dollars.


The Service is billed in advance on a monthly or yearly basis. All Subscriptions Fees are non-refundable, and upon termination, cancellation, or discontinuation of a Subscription for any reason, the User will not receive a refund for any Subscription Fees or other amounts previously charged to the User, or for any usual portion of any Subscription, to the extent permitted by the Dutch law.


For any upgrade or downgrade in Subscription, the payment method that the User provided will automatically be charged the new rate on the next billing cycle.


Downgrading the Subscription may cause the loss of Content, features, or capacity of the Fotomat Account. Fotomat does not accept any liability for such loss.


If the Subscription charge is denied, Fotomat will attempt to re-charge the User’s payment method at least two times before suspending the Fotomat Account. The User will remain liable for the unpaid Subscription Fees.


All Subscription Fees are exclusive of all taxes or duties imposed by governing authorities. The User alone is responsible for payment of all such taxes or duties.


4. Creation and Term

The Agreement is entered into for the period of the Subscription the User took out.


When the Subscription ends, an Agreement is entered into for an undefined period of time. The Agreement will have the form of a pay-yearly Subscription, to the extent permitted by the Dutch law.


5. Modifications to the prices

Fotomat reserves the right to modify the prices of all Services at the moment of renewal of the Fotomat Account.

Prices of all Services, including but not limited to Subscription Fees, are subject to change upon 30 day’s notice from Fotomat. Such notice may be provided at any time by posting the changes to Fotomat or the Service itself.


Fotomat shall not be liable to the User or any third party for any price change.


6. Cancellation and Termination

The User is solely responsible for properly canceling the Account. An email or phone request to cancel the Account is not considered cancellation. The User can cancel the Subscription in Fotomat under the Fotomat Account section or at PayPal.


The User can cancel at any time but will remain liable for all charges accrued up to that time, including full charges for the period which the User discontinued the Service, to the extent permitted by the Dutch law. The User will not be charged again.

Fotomat © 2024 Instagram Newsletter Support