Impressum

Terms and Conditions

Last Updated: June 26, 2017

Part 1 – Booking Service Terms

1. DEFINITIONS.

"Booking Services" means the services set forth in paragraph 4 of this Part 1, which shall be provided to you by MREASYPHOTO UK acting as the agent of the Service Provider.

"Photo" means photo service, product, brand, logistics or delivery.

"Service Provider" means the provider to you of photo services, including any licensed to carry out bookings in accordance with the Regulations.

"MREASYPHOTO App" means the software application and related services provided by MREASYPHOTO B.V. to you pursuant to terms and conditions set forth in Part 2.

"Website" shall mean www.MREASYPHOTO.com.

2. REGULATIONS.

In respect of the 2008 Act, MREASYPHOTO NIR is the holder of the relevant operator’s licence.

As set out in paragraph 3 below, MREASYPHOTO UK accepts at its registered address and/or operating centres private hire bookings made by you using the MREASYPHOTO App ("Bookings").

3. ACCEPTANCE OF BOOKINGS AS AGENT OF THE SERVICE PROVIDER.

MREASYPHOTO UK accepts Photo Bookings acting as disclosed agent for the Service Provider (as principal). Such acceptance by MREASYPHOTO UK as agent for the Service Provider gives rise to a contract for the provision to you of photo services between you and the Service Provider (the "Service Contract"). For the avoidance of doubt: MREASYPHOTO UK does not itself provide photo services, and is not a Service Provider. MREASYPHOTO UK acts as intermediary between you and the Service Provider. You acknowledge and agree that the provision to you of photo services by the Service Provider is pursuant to the Service Contract and that MREASYPHOTO UK accepts your booking as agent for the Service Provider, but is not a party to that contract.

For the sake of clarity, your Photo Booking will be accepted and allocated to a Service Provider by MREASYPHOTO UK as holder of the relevant operator's licence. You should be aware that the Service Provider to which your Photo Booking is allocated and who provides the Photo Services may be licensed in an area other than where the booking is requested or the Photo Services are provided.

4. THE PROVISION OF BOOKING SERVICES BY MREASYPHOTO UK.

MREASYPHOTO UK provides certain services through the MREASYPHOTO App installed on your GPS-enabled smartphone (the "Booking Services"). The Booking Services include:

The acceptance of Photo Bookings (which include bookings requested in advance by you using the “scheduled ride" function in the MREASYPHOTO app) in accordance with paragraph 3 above, but without prejudice to MREASYPHOTO UK's rights at its sole and absolute discretion to decline any Photo Booking you seek to make; Allocating each accepted Photo Booking to a Service Provider via such means as MREASYPHOTO UK may choose; Keeping a record of each accepted Photo Booking; Remotely monitoring (from MREASYPHOTO UK's registered office and/or operating centres) the performance of the Photo Booking by the Service Provider; Receipt of and dealing with feedback, questions and complaints relating to Photo Bookings, which may be made by email: customers-uk@MREASYPHOTO.com. You are encouraged to provide your feedback if any of the photo services provided by the Service Provider do not conform to your expectations; and Managing any lost property queries relating to Photo Bookings.

5. PAYMENT.

The Booking Services are provided by MREASYPHOTO UK to you free of charge. MREASYPHOTO UK reserves the right to introduce a fee for the provision of the Booking Services. If MREASYPHOTO UK decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the MREASYPHOTO App at your option.

The rates that apply for the photo services provided by the Service Provider can be found on the Website and through the MREASYPHOTO App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the photo services.

6. LIMITATION OF LIABILITY.

To the extent permitted by applicable law, MREASYPHOTO UK will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these Terms and Conditions will limit or exclude MREASYPHOTO UK's liability to you for personal injury or death caused directly by MREASYPHOTO UK's negligence.

7. APPLICABLE LAW.

The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.

Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

Part 2 – Terms of Use

These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the MREASYPHOTO App as well as to all other information, recommendations and/or services provided to you on or through the Website and the MREASYPHOTO App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified.

1. Contractual Relationship

These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications (including the MREASYPHOTO App), websites, content, products, and services (the “Services”) made available by MREASYPHOTO B.V., a private limited liability company established in the Netherlands, having its offices at Vijzelstraat 68, 1017 HL, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (“MREASYPHOTO”). In relation to Photo Bookings, the Services enable you to access the Booking Services provided by MREASYPHOTO UK described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MREASYPHOTO. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MREASYPHOTO may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. MREASYPHOTO will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, MREASYPHOTO reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in MREASYPHOTO’s opinion, any delay in such termination would expose MREASYPHOTO or a third party to significant risk of harm or damage.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

MREASYPHOTO may amend the Terms related to the Services from time to time. Amendments will be effective upon MREASYPHOTO’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in MREASYPHOTO’s Privacy and Cookie Policy located at https://www.MREASYPHOTO.com/legal/privacy/users/en. MREASYPHOTO may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Service Provider) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of MREASYPHOTO’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule photo sesstions, logistics, delivery, and/or vendor services with independent third party providers of such services, including independent third party service providers (including Service Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with MREASYPHOTO or certain of MREASYPHOTO’s affiliates, and/or independent vendors such as restaurants (“Third Party Providers”). Unless otherwise agreed by MREASYPHOTO in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT MREASYPHOTO DOES NOT PROVIDE PHOTO, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A SERVICE PROVIDER OR CARRIER AND THAT ALL SUCH SERVICE, LOGISTICS, DELIVERY AND VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MREASYPHOTO OR ANY OF ITS AFFILIATES.

License.

Subject to your compliance with these Terms, MREASYPHOTO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by MREASYPHOTO and MREASYPHOTO’s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MREASYPHOTO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You acknowledge that portions of the Services may be made available under MREASYPHOTO’s various brands or booking options associated with photo, logistics, delivery or vendor services, including the photo booking brands currently referred to as “MREASYPHOTO,” “MREASYPHOTOX,” “MREASYPHOTOXL,” “MREASYPHOTOBLACK,” “MREASYPHOTOSUV,” “MREASYPHOTOBERLINE,” “MREASYPHOTOVAN,” “MREASYPHOTOEXEC,” “MREASYPHOTOTAXI,” “MREASYPHOTOPOOL,” and “MREASYPHOTOLUX” and the logistics, delivery and vendor request brands currently referred to as “MREASYPHOTORUSH,” “MREASYPHOTOFRESH” and “MREASYPHOTOEATS”. You also acknowledge that the Services may be made available under such brands, booking or request options by or in connection with: (i) certain of MREASYPHOTO’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including photograper, service charter permit holders or holders of similar service permits, authorizations or licenses.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that MREASYPHOTO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MREASYPHOTO does not endorse such third party services and content and in no event shall MREASYPHOTO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain MREASYPHOTO’s property or the property of MREASYPHOTO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MREASYPHOTO’s company names, logos, product and service names, trademarks or services marks or those of MREASYPHOTO’s licensors.

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MREASYPHOTO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or MREASYPHOTO’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MREASYPHOTO in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive service, logistics, delivery or vendor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from MREASYPHOTO at any time by following the directions found at http://t.MREASYPHOTO.com/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes.

MREASYPHOTO may, in MREASYPHOTO’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that MREASYPHOTO establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by MREASYPHOTO; (iii) may be disabled by MREASYPHOTO at any time for any reason without liability to MREASYPHOTO; (iv) may only be used pursuant to the specific terms that MREASYPHOTO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MREASYPHOTO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that MREASYPHOTO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.

MREASYPHOTO may, in MREASYPHOTO’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MREASYPHOTO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to MREASYPHOTO, you grant MREASYPHOTO a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MREASYPHOTO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MREASYPHOTO the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor MREASYPHOTO’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MREASYPHOTO in its sole discretion, whether or not such material may be protected by law. MREASYPHOTO may, but shall not be obligated to, review, monitor, or remove User Content, at MREASYPHOTO’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MREASYPHOTO does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, MREASYPHOTO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by MREASYPHOTO. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. MREASYPHOTO will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated as soon as practicable by MREASYPHOTO using the preferred payment method designated in your Account, after which MREASYPHOTO will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MREASYPHOTO may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available.

As between you and MREASYPHOTO, MREASYPHOTO reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MREASYPHOTO’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MREASYPHOTO will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. MREASYPHOTO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. The current cancellation policy applicable in the UK can be found at this link.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to services requested through the Application in some jurisdictions, MREASYPHOTO does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by MREASYPHOTO (on MREASYPHOTO’s website, in the Application, or in MREASYPHOTO’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that MREASYPHOTO provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Repair or Cleaning Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by MREASYPHOTO in MREASYPHOTO’s reasonable discretion, MREASYPHOTO reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by MREASYPHOTO to the applicable Third Party Provider and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MREASYPHOTO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MREASYPHOTO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MREASYPHOTO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

MREASYPHOTO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MREASYPHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MREASYPHOTO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MREASYPHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MREASYPHOTO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MREASYPHOTO’S REASONABLE CONTROL. IN NO EVENT SHALL MREASYPHOTO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).

MREASYPHOTO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PHOTO SERVICES, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MREASYPHOTO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold MREASYPHOTO and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MREASYPHOTO’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Governing Law; Arbitration.

Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

7. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to MREASYPHOTO’s designated agent. Please visit MREASYPHOTO’s web page at https://www.MREASYPHOTO.com/legal for the designated address and additional information.

Notice.

MREASYPHOTO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to MREASYPHOTO by written communication to MREASYPHOTO's address at Mönchstrasse 23, 70191 Stuttgart, Germany.

General.

You may not assign or transfer these Terms in whole or in part without MREASYPHOTO’s prior written approval. You give your approval to MREASYPHOTO for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MREASYPHOTO’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, MREASYPHOTO or any Third Party Provider as a result of the contract between you and MREASYPHOTO or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”