Terms and Conditions

1. Subject Matter of the Contract

1.1 PastBook B.V. (“PastBook”) is the proprietor of PastBook.com (“Website”) and the PastBook mobile application (“Application”), upon which it runs a service called PastBook, an easy way to create photo products – digital and printed (“Service”).

1.2 Any use of the Website, the Application as well as the Service is subject to the following terms and conditions (“Terms and Conditions”).

1.3 You are accepting the following Terms and Conditions by installing or using the Website, the Application as well as the Service.

1.4 [Application-only] These Terms and Conditions are between you and PastBook only, and not Apple nor Google, PastBook, not Apple nor Google, is solely responsible for the Application and its content.

1.5 You represent and warrant that you have the necessary legal competence, e.g., that you are of that legal age of majority, to accept these Terms and Conditions. If you have not reached the age of majority, you confirm that you have received your parent’s or guardian’s permission to use the Application or the Website and that your parent or guardian hereby acknowledges and agrees to these Terms and Conditions on your behalf.

1.6 By accepting these Terms and Conditions you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

1.7 [Application-only] Apple and Google are a third-party beneficiary of these Terms and Conditions, and, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.

2. Installation of the Application

2.1 Subject to these Terms & Conditions, PastBook hereby grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Application, as provided to you by PastBook, on any Apple product(s) that you own or control (“Device”) and solely for your personal, non-commercial purposes. Notwithstanding the foregoing, the Application may, when applicable, be accessed and used by other accounts associated with you via family sharing or volume purchasing. The license is subject to any usage rules set forth by Apple published in its App Store terms of service.

2.2 You represent, warrant, and agree that you will not use the Application and Service in a manner that violates any applicable law or infringes on any third-party rights. If you use the Application in a manner that violates the Terms & Conditions PastBook may limit or terminate your access to the Application, at its sole discretion.

2.3 To use the Service, you must authorize the Application to use your photos on your Device to generate your creativity. By choosing to include texts, photos, graphics, videos, files, or any other content (“Content(s)”) in the creativity you represent and warrant, at all times during the term of this Agreement, that the Content is owned by you or, to the extent owned by someone else from which you have permission to provide the Content to PastBook for use as described here.

2.4 The installation and use of the Application is free of charge, if you wish to purchase your personal book as PDF or hard copy a charge will be levied, payable by the available methods of payment provided in the Application by making a purchase through the Application.

2.5 You cannot use Content that you don’t own or have permission to publish. We take all allegations of copyright violation very seriously (see Article 8) To that end, if you believe that material on PastBook.com violates your copyright, you are encouraged to notify us by email. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PastBook or others, PastBook may, in its discretion, terminate or deny access to and use of the Application. In the case of such termination, PastBook will have no obligation to provide a refund of any amounts previously paid to PastBook or owed to the user.

2.6 The uploaded Content and any generated creativity will be always your own property.

2.7 You may uninstall the Application at any time.

2.8 We reserve the right to limit the functional scope of the Application at any time or to discontinue the Service in its entirety.

3. Use of the Website

3.1 Subject to these Terms & Conditions, PastBook hereby grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Website, as provided to you by PastBook, and solely for your personal, non-commercial purposes. Notwithstanding the foregoing, the Website may, when applicable, be accessed and used by other accounts associated with you via family sharing or volume purchasing.

3.2 You represent, warrant, and agree that you will not use the Website and Service in a manner that violates any applicable law or infringes on any third-party rights. If you use the Website in a manner that violates the Terms & Conditions PastBook may limit or terminate your access to the Website, at its sole discretion.

3.3 To use the Service, you must authorize the Website to use your photos to generate your creativity. By choosing to include texts, photos, graphics, videos, files, or any other content (“Content(s)”) in the creativity you represent and warrant, at all times during the term of this Agreement, that the Content is owned by you or, to the extent owned by someone else from which you have permission to provide the Content to PastBook for use as described here.

3.4 The use of the Website is free of charge, if you wish to purchase your personal book as PDF or hard copy or any other photo products a charge will be levied, payable by the available methods of payment provided on the Website by making a purchase on the Website.

3.5 You cannot use Content that you don’t own or have permission to publish. We take all allegations of copyright violation very seriously (see Article 8) To that end, if you believe that material on PastBook.com violates your copyright, you are encouraged to notify us by email. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PastBook or others, PastBook may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PastBook will have no obligation to provide a refund of any amounts previously paid to PastBook or owed to the user.

3.6 The uploaded Content and any generated creativity will be always your own property.

3.7 You may stop using the Website at any time.

3.8 We reserve the right to limit the functional scope of the Website at any time or to discontinue the Service in its entirety.

4. Creation of your PastBook or any other photo product; purchasing Premium services as customizations; a PDF file or Printed Hard Copy

4.1 After installation of the Application, or while using the Website, you may create your personal “PastBook”, a Photo album or any other photo products of the contents from your Instagram, or Facebook profile as well as photos from your devices as well as content from other social network and storage services through the integration of our partner Ink FilePicker Inc.

4.2 In the course of creating the “PastBook” or any other photo products, you have the exclusive responsibility for the inclusion of the individual contents (photos, comments, messages, etc.). The Application and the Website will automatically layout the contents to be included in the “PastBook”; the responsibility for the contents included, however, is exclusively yours. You accept suggested contents, You bear the sole responsibility for the legality of taking over these contents in your personal “PastBook” and You agree to indemnify PastBook B.V. to that extent for the claims of third parties (see Article 7).

4.3 Photo products manufacturing is provided by our print-on-demand partners. PastBook reserves the right to reserve a portion of the back cover of any published Content for placement of a unique identifying number and/or PastBook logo.

4.4 After creating your personal PastBook, we can post an update on your Facebook profile to share the activity with your friends. You may order a pdf or a Printed Copy of your “PastBook” which shall be printed, bound and subsequently shipped to You by mail to the address You specify.

4.5 The order of a PDF ad/or Printed Copy is permitted only for your own, personal use. You may not distribute or in any other way commercially exploit the Printed Copies received for your personal use.

4.6 The PDF and/or Printed Copy of your personal “PastBook” and/or any other photo products is subject to charge. Respective stated prices apply and shipping costs. PastBook reserves the right to adjust the respective stated prices.

4.7 After You have completed the ordering process, We will confirm the conclusion of the contract by transmission of an e-mail to the e-mail address provided by You in the course of the order process. The contract is not effective until the confirmation e-mail has been sent to You. PastBook reserves the right to reject orders without reason. A right to conclude a contract does not exist.

4.8 You can create your “PastBook” of Instagram photo and browse it online. This service is free of charge. In accordance with the privacy settings of your Instagram and Facebook profile, other users can view and comment these “PastBook” published on your Facebook timeline as well.

5. Payment terms

5.1 The prices stated at the time of the respective conclusion of the contract shall be due at the time that the contract is concluded if not stated otherwise. The amount is due without a separate invoice.

5.2 All prices stated include the respective sales tax where applicable.

5.3 Processing of payments shall take place exclusively over PayPal, Stripe (credit cards) or Adyen (credit cards). The User’s right to the creation and delivery the PDF or the Printed Copy first arises with the successful completion of the payment process over PayPal.

5.4 If you are in possession of coupon as gift voucher or discount, you simply need to fill in the appropriate coupon code upon ordering your PDF or Printed Copy.

5.5 Private information regarding payment (credit card number, etc.) are not stored on our servers: all transactions are executed on PayPal or Stripe or Adyen secure servers.

5.6 In case of printing or shipping issues, the User can be entitled to a re-print of his/her Printed Copy free of charge after providing detailed documentation and proofs about the issue to PastBook; PastBook – at its own discretion – has the right to do not grant a re-print if the documentation is not sufficient to prove the issue. Users affected by shipping delays not directly depending by PastBook (i.e. delays at PastBook printing partners) are not entitled to re-prints of their Printed Copy.

6. Rights of use to the content

By installing the Application or using the Website, You grant PastBook B.V. a right of use to all content from your profile on Instagram and Facebook, which is non-exclusive and unlimited in geographical scope. This grant of rights includes in particular the rights in respect to the handling of content: reproduction, making publicly available, as well as the right of configuring, formatting, technical processing, transmission and displaying said content on (also mobile) end devices. The above-mentioned grant of rights is limited to the use of the contents for the purpose of providing the Service. You may revoke these rights of use at any time.

7. General obligations of the User

7.1 You are obligated, in using the Application and/or the Website as well as in the context of the ordering process, to make true, current and complete statements.

7.2 You are obligated to ensure that your access to our Service is used exclusively by You.

7.3 In addition, users are prohibited from utilizing software, other scripts or mechanisms in connection with the use of the Application and/or the Website, which may impair the functionality of the Application and/or the Website.

7.4 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the PastBook Services (including Content, advertisements and software).

8. Responsibility

8.1 You bear the exclusive responsibility, without limitation for all texts, photos, graphics, videos, files or other materials and submissions (“Contents”), which are saved, reproduced or published in the course of using the Service. Insofar as You permit the use of our Service by a third party, in particular, a minor, You, as the contracting party are responsible for all Contents which are saved, reproduced or published by the third party using the Service.

8.2 You guarantee towards PastBook that You possess all rights in regards to the Contents, which are taken over into your personal PastBook and that no rights of third parties, irrespective of type, no statutory provisions and no provisions of these Terms of Use. In case You are not the owner of the rights to any of the Contents taken over into your personal PastBook, You guarantee that You have effectively obtained all required legal transfers, licenses, permissions and consents. For the case You violate one or more guarantees or these Terms of Use, You shall indemnify PastBook according to Article 10 for any liability towards a third party and shall hold PastBook harmless to the fullest extent.

8.3 Although PastBook do not generally review or monitor the Contents of users, We reserve the right – in our sole discretion and without providing the reasons – to refuse (where appropriate, partially refuse) and to block or delete with immediate effect, Contents which are accessible over our servers, in particular insofar as third parties make PastBook aware of Contents which contravene these Terms of Use.

8.4 You can share a digital version of your PastBook via weblink with other users. Who attains access to your personal PastBook is exclusively dependent upon the privacy settings chosen by You. You bear the sole responsibility if You share your PastBook with other users. This applies in particular in regards to the potential rights of third parties to Contents which are included in your personal PastBook.

9. Reporting violations of rights

In case You think that your intellectual property rights or any other of your rights are being violated by the Contents of another user, please inform PastBook by mail or via the on-line contact form including the following information, so that We may proceed against the misuse of our Service and protect your rights:

a description of the work which is, for example, protected by copyright, which in your opinion is being infringed upon;

a description of where the material may be found which in your opinion violates intellectual property or other rights, providing the URL, your address, telephone number and e-mail address;

a declaration from You that, according to the best of your knowledge and in good faith, the objected use of is not permitted by the owner of the rights or by the owner’s authorized representative or by legal provisions.

PastBook B.V. shall, according to its sole commercial discretion, decide whether the objected Contents of will be hidden or deleted.

10. Data Protection

PastBook B.V. is authorized to collect, process and use the data obtained from the User as well as those data, which accrue in connection with the use of the service according to legal provisions to the extent this data is required for the implementation of the Service and contractual performance.

11. Indemnification for liability

The User shall indemnify PastBook B.V. for all demands and claims which are raised by other users or third parties based on or in connection with Contents which are saved, published and/or transmitted within the framework of this Service or are based on the use of the Service or based on violations of these Terms of Use or on violations of the rights of third parties. This includes the respective reasonable attorney’s fees and court costs. In addition, the User is hereby obligated to make available to PastBook B.V. in the case of the assertion of a claim by a third party immediately, truthfully and completely all information which is required or useful in evaluating the claims or preparing a defense.

12. We reserve the right to modify these Terms of Use having effect prospectively

If you have any questions about these Terms, please contact us at [email protected]