TERMS & CONDITIONS

Cyberprintgroup Co., Ltd., a company incorporated under the

laws of Thailand and having its registered office at 30/91, 100

Moo 1 Sinsakhon Printing and Packing Industrial,

Chasadavithee Road, Tumbol Koakkham, Aumphur

Muangsamutsakhon, Samutsakhon 74000, Thailand (hereinafter

referred to as “we”, or “us”), provides mobile application (“App”)

and personal print-on-demand, self-publishing services

Terms, whether you are a visitor or a member.

BY USING THIS APP AND THE SERVICES OFFERED ON THIS APP,

YOU AGREE TO COMPLY WITH AND BE BOUND BY THE

FOLLOWING TERMS. IF YOU DISAGREE WITH ALL OF ANY PART

OF THESE TERMS, PLEASE DO NOT USE OUR APP.

1. SERVICES

1.1 The Services enable you to upload photographic images

or otherwise called)

(ii) Instagram

1.2 You represent and warrant that;

(i) You own or otherwise have the right to grant the

licenses set forth in this section for the Images that

you provide to the Services, or provide for our print

services to have them printed in a Photobook.

defamatory or blasphemous or pornographic

material or show any kind of child abuse, or are

racially offensive or abusive of any religion or likely to

incite hatred against any person or group or are

otherwise criminal or offensive in the minds of

reasonable people or are obscene or menacing or

harassing or breach any applicable laws.

(iv) You understand that the option provided in this App

to link with and collect Images on Instagram is for

Red-Green-Blue color system (RGB), but the color system

used for printing is Cyan-Magenta-Yellow-Black color system

(CMYB). There are inevitable differences in both systems. We

will use all reasonable endeavours to print your Photobook

as qualifiable as industry standard for your satisfaction.

1.4 We make no representation that the Services are

appropriate or available for use outside of Thailand. In the

event that you access the Services from a location outside of

Thailand, you are solely responsible for compliance with local

1.5 We reserve the right to make changes or corrections, alter,

suspend or discontinue any part of the Services, or its

description as appears on this App, or the basis on which you

may use the Services.

1.6 Unless we expressly state to the contrary, any new features

or enhancements of the Services or offer of availability or

provision of other services or resources, shall be subject to

these Terms.

Photobook. You hereby grant to us a non-exclusive,

worldwide, fully-paid and royalty-free license (“License”) to

reproduce your Photoook content for the purpose of printing

the Photobook that you order or that you are authorized for

purchase by others, and for any other related purposes that

you are authorized. You agree that we reserve the right to

maintain the electronic files for any Photobook to fulfill any

further orders which may be placed for such Photobook and

to maintain an archival copy of the printed Photobook,

provided always that the purpose of keeping such files or

stated by you at the time you make the order.

3.2 We will attempt to deliver any Photobook under your

order within 5-7 working days of the date of our acceptance

of your order, but this date is an estimate only. Although we

will make all reasonable efforts to deliver your Photobook

within this time, we do not accept liability for any failure to

deliver within that time.

3.3 In the event that Photobook received by you in a damaged

4 FEE AND PAYMENT

4.1 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 us with sufficient evidence that the order and

purchase is made solely for the resale or redistribution of the

be subject to import duties and taxes, which are levied when

the package with the book(s) arrives at the destination that

you specified. Any charges for customs clearance have to be

borne by you, as we have 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

Photobook to get more information. Please be also aware

that you are considered the importer of Photobook and must

comply with all laws and regulations of such country.

5 LIABILITY AND DISCLAIMER

5.1 The sources stated in Article 1.1 are not owned or

controlled by us. We have no control over, and assume no

responsibility for, the content, privacy policies, or practices of

such sources. In addition, we will not and cannot censor or

edit the content of such sources. By using this App, you

Changes are periodically made to the information and

features herein.

5.3 The contents you upload to our Services shall be at your

sole responsibility. We do not have the obligation to review

such contents in any way. We and our sub-contractors

publish Photobook from the contents you provided “AS IS”,

and without any warranty of any kind.

5.4 We provide you with option to connect with Instagram

5.5 We will use all reasonable endeavors to ensure the security

of your Images and your credit/debit card details that we

obtained from you when you submit an order.

5.6 We and our sub-contractors disclaim all chromatic errors

as described in 1.3 that may occur to your Photobook.

5.7 NEITHER WE NOR OUR SUB-CONTRACTORS MAKE ANY

REPRESENTATIONS CONCERNING THE SUITABILITY,

TITLE AND NON-INFRINGEMENT. IN NO CASE SHALL WE OR

OUR SUB-CONTRACTORS BE LIABLE FOR ANY INDIRECT,

PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING,

WITHOUT LIMITATION, LOST OR DELAY OF USE, LOST

PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN

CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY,

EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

5.8 YOU AGREE THAT YOUR USE OF THIS APP SHALL BE AT

YOUR SOLE RISK. TO THE FULLECT EXTENT PERMITTED BY

TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF

TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE,

OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH

ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE

TERMS, THIS APP AND YOUR USE HEREIN OR IN

CONFORMITY WITH USAGE, EQUITY OR LAW OR

OTHERWISE.

5.9 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD

HARMLESS US, OUR CORPORATION, OFFICERS, DIRECTORS,

(I) YOUR USE OF AND ACCESS TO THIS APP

(II) YOUR VIOLATION OF ANY TERM OF THESE TERMS

(III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT,

INCLUDING WITHOUT LIMITATION ANY COPYRIGHT,

INTELLECTUAL PROPERTY, OR PRIVACY RIGHT

THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL

SURVIVE THESE TERMS AND YOUR USE OF THIS APP

6 FORCE MAJEURE

unexpectedly, neither you nor we shall be responsible for any

losses or damages incurred to the other party.

6.2 Notwithstanding the provisions of Article 7.1, neither you

nor we shall be relieved from any accrued obligation to make

payment under these Terms.

6.3 The party delayed or prevented by Force Majeure shall

use all reasonable endeavors to remove such reasons or

Unless otherwise agreed separately in these Terms, notices,

requests and any other communications shall be in writing

and be mailed or transmitted via courier, E-mail or fax and

shall be deemed to have been duly given only when

delivered or transmitted to us at the addresses and

communications as follows.

To: Cyberprintgroup Co., Ltd.

Mailing Address: 959 Soi Suthiporn Prachasongkroh

8 GOVERNING LAW AND DISPUTE RESOLUTION