We may change these Terms from time to time - please review them periodically for updates and changes. Your continued access to our Site, as well as viewing and uploading content and materials to our Site, after we such post any changes or notifications, which will take effect immediately (unless otherwise noted) means you accept any and all such modifications and updates.
We reserve the right to, at any time, and from time to time, modify or discontinue (temporarily or permanently) our Site, the content, materials, and services accessible on and through our Site, or any part thereof. You agree that we will not be liable to you or any other third party for any such modification, suspension or discontinuance of any of the foregoing, except as expressly provided herein.
No fiduciary, quasi-fiduciary or other special relationship exists between you and us, and/or our affiliates, parent companies, partners, subsidiaries, directors, principals, employees, and/or contractors (“Suppliers”). We owe you a duty of ordinary care. Any internal policies or procedures that we and our Suppliers may maintain in excess of reasonable commercial standards and general usage are solely for our and our Suppliers’ own benefit and shall not impose a higher standard of care than otherwise would apply in their absence. We merely provide the Services (defined herein) through our Site in a hosting and administrative capacity only.
Our Site is only an administrative platform that allows our Users to: (1) upload their pictures, photographs, and images to the Site (the “Pictures”); (2) publicly share their Pictures with other Users by posting to the Site; and (3) arrange and re-arrange the order of their Pictures within individual albums (collectively, the “Services”).
If we offer any other features or services through the Site (which will be in our sole discretion), we will notify you of any such additional features and services by posting a notification to the Site.
We currently DO NOT charge our Users any fees of any kind to access, view, and/or use our Site and Services.
However, you agree that we may, in our sole discretion, charge our Users for accessing, viewing and using the Site, our Services and/or any additional services. In the event that we do charge any fees for accessing, viewing and using the Site and our Services, we will post a notification to our Site and list any fees.
If you are a User who uploads Pictures to our Site (“Photographer”), then by uploading any Picture(s) to our Site, you grant us a world-wide, royalty-free, license to display, distribute, and use your Pictures on our Site and in our Services solely to allow visitors to, and other Users of, our Site to view your Pictures (the “License”). All Users of the Site may only view and browse other Users’ Pictures. You agree that you will not copy, download, distribute, use, and/or exploit any other User’s Picture(s) for any reason, at any time, and/or in any manner. The License to each Picture will end upon your removal any that Picture from the Site.
B. Restrictions on Pictures.
As a Photographer, you represent and warrant to us and all other Users that your Pictures: (1) are original, (2) wholly owned by you, (3) do not infringe any intellectual property rights of any third party, including, but not limited to, copyrights, trademarks, and trade dress rights, (4) do not violate any person’s right of privacy and/or right of publicity, (5) do not violate any law, regulation and/or rule of any kind applicable to your Pictures and use of our Site, and (6) do not violate these Terms.
By accessing and viewing our Site, you represent and warrant to us that you will not use (1) our Site, (2) any Pictures or any other content posted by use (whether written text, pictures, videos, sounds and or any other materials of any kind on our Site (the “Materials”), and/or (3) the Services accessible on or through our Site, for any purpose that is either unlawful, illegal, injurious, and/or prohibited by these Terms.
C. Copyright Claims.
If you believe that any of your Pictures are being displayed, distributed, used, and/or exploited in any way by any other User contrary to these Terms and the License (each, a “Claim”) you agree that we are not responsible for any such Claim and that you must resolve any such Claim(s) on your own, independently of us. In the event you repeatedly infringes our, and/or any other User(s)’ copyrights or other intellectual property rights, we may, in our sole discretion, terminate or deny your access to and use of our Site.
D. Our Intellectual Property Rights.
We and our Suppliers do not grant any license or other authorization to you to display, distribute, share, sell, license, copy, use, or otherwise exploit: our own: (a) trademarks, logos, service marks, trade dress rights, or other source-identifying symbols or devices, whether registered or unregistered, (the “Our Trademarks”); (b) text, images, designs, graphics, and/or other copyrightable material, whether registered or registered (the “Our Copyrights”), and/or (c) design or utility patents, whether registered or un registered (the “Our Patents”), by placing them on our Site, or otherwise. Our Trademarks, Our Copyrights, and the Our Patents are collectively referred to as “Our IP”. You agree to not display, use, display, copy, distribute, infringe on, counterfeit, or otherwise exploit Our IP, except as explicitly authorized by us in writing. We and our Suppliers do not grant any license or other authorization to you of Our Patents by providing you access to the underlying material of Our Patents, through our Site and the Services. You agree to not display, use, copy, distribute, reverse engineer or otherwise exploit the Our Patents except as expressly authorized within these Terms.
A. Picture Originality.
You recognize and agree that we cannot guarantee that any Pictures uploaded to our Site are (1) original, (2) free of any claims of any kind (including, but not limited to, copyright infringement), (3) suitable for any other particular User’s purpose, and/or (4) suitable for viewing and enjoyment by any particular User(s). You agree to access and use our Site at your own risk.
B. User Conduct.
You recognize and agree that we are an administrative platform only and thus we have no control over the conduct of, or any information provided by, any Users of our Site. We hereby disclaim all liability relating to any User’s use and/or misuse of any of your Pictures, including those uploaded and/or owned by you. You further recognize and agree that we cannot and do not guarantee that: (1) any Pictures will obtain any certain amount of publicity and/or exposure, if any at all; and/or (2) any Pictures you upload will be not used by any other User(s) in violation of these Terms. We specifically disclaim any and all responsibility and liability to verify and/or ensure that any Users comply with these Terms, including, but not limited to, using the Pictures (y) in accordance with these Terms, and/or (ii) in accordance with any applicable laws. You recognize and agree that you and each other User is solely responsible for his, her, or its compliance with these Terms and all applicable laws.
A. User Restrictions.
By viewing, accessing and using our Site and the Services, you agree that you will not do any of the following:
(1) Restrict or inhibit any other User in any way from viewing, accessing, using and/or enjoying our Site, the Pictures, the Materials, and/or our Services; or
(2) Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, harassing, profane, threatening, abusive, discriminatory, hateful, offensive, or otherwise objectionable information, images, material, and/or Pictures of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. and international export control laws and regulations; or
(3) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication, or engage in spamming or flooding; or
(4) Post or transmit any information, software, or material which contains a virus, trojan horse, worm and/or other harmful component; or
(5) Post, publish, transmit, reproduce, distribute or in any way exploit any other User’s data (including, but not limited to, any User’s Location Data or Personal Information), Users’ Pictures, Users’ names, Our IP, and/or the software used by us to provide the Services, for any purpose of any kind other than as permitted by these Terms; or
(6) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Site, the Materials contained therein, and/or the Services accessed thereon, other than as we expressly permits in writing; or
(7) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up our Site and/or the Services; or
(8) Express or imply that any Pictures you upload are endorsed or sponsored by us; or
(9) Impersonate any person or entity, whether actual or fictitious, including, but not limited to, any other User, and/or our employees or representatives; or
(10) Disparage, defame, and/or malign any other User, our Site, and/or us; or
(11) Promote violence, weaponry of any kind, war, conflict, narcotics, illegal substances, gambling, hate, pornography, criminal activities, and/or any illegal activity of any kind; or
(12) Misuse, or otherwise use any Pictures for any reason other than permitted by these Terms; or
(13) Use our Site, the Pictures, and/or our Services to stalk, track, monitor, or harass any person for any reason.
B. Site Monitoring / Other Users’ Use.
You recognize and agree that we have no obligation or duty to monitor the Site. However, you agree that we and our Suppliers have the right to monitor the Site electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Site and the Services properly; and/or (3) protect ourselves, our Suppliers and/or our Users. We further reserve the right to refuse to post and/or to remove any information, Pictures, and/or materials of any kind, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, fraudulent, inappropriate, and/or in violation of these Terms.
A. Accurate Information.
In consideration of your (1) access to and viewing of our Site, (2) access to and viewing of the Pictures contained on and/or displayed through our Site, and (3) ability to view, access and use the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input pages, and/or registration forms posted on our Site, as applicable, and (ii) to maintain and update all such information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve our right to prevent your access to our Site, the Pictures, and/or the Services.
You agree that, as a User, we may verify your identity at any time during or after your use of our Site or the Services. You hereby authorize us to make any inquiries we consider necessary to validate your identity, which may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you either (1) do not provide any such requested information, as prompted, if at all, and/or (2) we cannot verify your identity, you agree that we may refuse to allow you to access, view, and/or use our Site, the Pictures, and the Services.
C. Login and Password.
We may require you to create a login and password to access certain portions of the Services. You agree and understand that you are solely responsible for maintaining the confidentiality of any of your personal login and access information, including, but not limited to any password(s), LoginID(s), e-mail address(es), and/or mobile number(s) that allow you to access and use our Site and/or the Services.
D. Use with Your Mobile Device.
Access to and use of (1) our Site, (2) the Pictures contained on our Site, and/or (3) the Services may be available through a compatible mobile device, Internet and/or network access, and may require software and/or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SITE AND/OR THE SERVICES AT ANY TIME, OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SITE, THE PICTURES, AND/OR THE SERVICES.
You recognize and agree that neither we nor our Suppliers will be liable to you in any way for (1) the termination, interruption, delay or inaccuracy of our Site, and/or (2) the inability to, or the delay in, viewing, accessing, and/or using any of the Pictures and/or our Services due to any such termination, disruption, delay, or inaccuracy.
We and our Suppliers may, from time to time, (1) provide you with a way to contact us through our Site, or (2) request that you provide us with a way to contact you through email before, during, or after any registration process, so that we may communicate electronically. All such electronic communications received may be recorded by us and/or Suppliers, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by us and our Suppliers.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
In connection with your use of our Site and Services accessible through our Site, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and us, our Suppliers, and/or our representatives or agents. You acknowledge and consent to the recording, retention and use by us and our Suppliers of any and all information and data contained in (1) any communication with us and our Suppliers, and (2) any information or Pictures input posted on or through our Site and Services.
You agree to defend, indemnify and hold us and our Suppliers harmless from any and all claims, liabilities, costs and expenses (no matter how arising), including, but not limited to, reasonable attorneys' fees, arising in any way from (1) your use of our Site, the Materials contained on our Site, the Pictures, and the Services, (2) your experience on our Site and/or with the Services, whether by you or users of your account, and/or (3) any third party claims against you resulting from your use of any Pictures.
THIS SECTION LIMITATS OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WE AND OUR SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.
These Terms will be governed by New York law as applied to agreements entered into, and to be performed entirely within, the state of New York, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting these Terms.
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU.
Any dispute, controversy or claim arising out of, or relating to, in any way, these Terms and your access to and use of our Site and the Services, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
This agreement to arbitrate under this section shall be specifically enforceable. We may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitration shall be conducted in accordance with the American Arbitration Association rules. The arbitrator shall have at least ten (10) years of experience in the field of online services and platforms and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association
The arbitration shall be conducted in New York, New York, USA. The laws of the state of New York shall be applied in any such arbitration proceedings, without regard to principles of conflict of laws.
Except as may be required by law, neither you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent. The arbitrator shall not be entitled to issue injunctive and other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This section shall survive the termination or cancellation of these Terms.
Each party to an arbitration proceeding shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his or her sole discretion.
We may collect personally identifiable information that you provide to us through the Site via registration forms, surveys, applications, and other online fields, including, but not limited to your name, email address(es), telephone number, username(s), and/or other relevant personal information (collectively, the “Personal Information”). You may be required to provide us with Personal Information to complete your registration profile, make any album(s) of Pictures, and/or to upload and share your Pictures through our Site. Some of your Personal Information submitted by you and collected by us may be stored and maintained by third-party data processors, including, but not limited to, Google. We: (a) collect and track information about you that may not constitute Personal Information, including, but not limited to, your home server domain names, and date and time of your visit(s), to our Site, the originating IP address(es), files downloaded, search engine(s) used, operating system, information and data on how you use our Site, the page(s) visited, the type of Web browser(s) for Users of our Site, the language you use in your web browser(s), operating system(s) on your computer(s), your mobile device type and related technical information, your geo-location data, the state or country from which you access our Site, the Web pages visited, the date and the time of a visit, the websites you visited immediately before and after visiting the Site, the number of links you click within our Site, the functions you use on our Site, the specific Services that you access on our Site, the data you view, save on, or download from our Site, and/or the number of times you view any advertisement(s) on our Site (the “User Data”); and (b) aggregate any such User Data. The User Data is typically collected, analyzed and maintained in aggregated and de-identified formats.
To collect Personal Data, we use Google Analytics tracking on our Site. By accessing, viewing, and using our site, you agree to the Google Analytics Terms of Service. Using Google Analytics, we will collect Personal Information and User Data (collectively, the “Information”) about you with "cookies", or other electronic tools or other similar authenticating or tracking technologies on your computer’s and/or devices’ hard drive to collect traffic and User use information.
If you prefer, you can usually set your browser to disable cookies, or to alert you when cookies are being sent. The help function on most browsers and mobile devices contains instructions on how to set your browser to notify you before accepting cookies, disable cookies entirely, or disable the collection of geo-location data. You may, at your option, disable cookies through each of your individual browsers. However, if you disable cookies or refuse to accept a request to place a cookie, it is possible that some parts of our Site, the data, information, content, materials and/or Services contained on or accessed through our Site, will not function properly. You agree that we are not liable for any portion of the Site that does not operate properly after you take these actions.
We do not sell or distribute your Information to third parties. However, we will use the Information collected only for internal reasons, including, but not limited to: (a) monitoring, researching, and analyzing traffic flow on our Site; (b) better service provision for Users of our Site; (c) compilation and aggregation of anonymous information about usage of our Site and the Services; and/or (d) provide other promotions. In addition, we will use your Personal Information to maintain contact with you.
We will only share your Information with our partners, subsidiaries, affiliates, and parent companies on an anonymous and aggregate basis. However, we may also disclose your Information to unaffiliated third parties if we believe in good faith that such disclosure is necessary, including, to: (a) comply with the law or in response to a subpoena, court order, government request, and/or other legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, and/or other legal or administrative proceedings; and/or (c) protect the interests, rights, safety, or property of our Users or others.
Any Personal Information you provide to us is kept on secure servers. We use reasonable administrative, technical, personnel, and physical measures (a) to safeguard Personal Information against loss, theft, unauthorized use, disclosure, or modification; and (b) to ensure the integrity of the Personal Information. To help us protect your privacy, you should maintain the secrecy of any logon ID(s) and password(s) you may have set up in connection with your viewing and access of our Site, and the use of the Services.
Despite our efforts to protect your Personal Information, the confidentiality of any communication or material transmitted to or from us via our Site, the Services, or via e-mail cannot be, and is not, guaranteed. Accordingly, you agree that we are not responsible for the security of information transmitted to or from you via the Internet. In addition, to protect your Personal Information, never share your password with anyone, and if you feel that your password has been discovered or compromised, you should change it immediately by logging onto our Site and accessing your profile to change your password.
You may modify, correct, change or update your Personal Information by contacting us at [EMAIL ADDRESS]. While we will make reasonable efforts to accommodate your request. However, we reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by law.
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your Personal Information to third parties for direct marketing purposes, including a description of the categories of Personal Information, be disclosed. In order to obtain such information, please email your request to [email protected]