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PhotoAmigo Terms Of Service
Introduction
Welcome to the PhotoAmigo service
("PhotoAmigo"). These Terms of Service govern your use of PhotoAmigo' service.
Your use of PhotoAmigo' service constitutes acceptance of these Terms of Service
and creates a binding legal agreement, so please read them carefully. Please
note, you must be 18 years or older to use this service.
Registration
You agree that the information that you provide to us on
registration and at all other times will be true, accurate, current and
complete. You also agree that you will ensure that this information is kept
accurate and up to date at all times. This is especially important with respect
to your e-mail address, since that is the primary way in which we will
communicate with you about your account. PhotoAmigo will use the information you
provide to us in accordance with our Privacy Policy.
Storage Policy
PhotoAmigo provides online storage to its members according
to a number of service plans. If you are using a free plan, or if you are using
a paid subscription plan and your subscription expires, and your account
becomes inactive for a period of 60 days, PhotoAmigo may, at its option,
terminate access to the account altogether (including deletion of any account
information held by PhotoAmigo). PhotoAmigo may change this policy at any time,
upon reasonable notice to you.
Your Privacy
PhotoAmigo has a firm commitment to safeguarding your
privacy. Please review PhotoAmigo' Privacy Policy. By using this service, you
are solely responsible for the content you upload and share, not PhotoAmigo. The
terms of PhotoAmigo's Privacy Policy are considered part of, and are
incorporated into, these Terms of Service.
Your Copyrights
PhotoAmigo respects the intellectual property rights of
others. If you believe your copyright in a work has been violated through this
service, please contact us at support@PhotoAmigo.com. You must provide us with
the following information, which PhotoAmigo may then forward to the alleged
infringer:
1. Describe the copyrighted work that you believe has been infringed;
2. Identify the material on the PhotoAmigo site that you believe infringes your
work, with enough detail so that we may locate it on the site;
3. Provide your address, telephone number, and email address;
4. Provide a statement that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
5. Declare under penalty of perjury that
(a) the information you have provided to us is accurate, and
(b) you are the owner of the copyright interest involved or you are authorized
to act on behalf of that owner; and,
6. Provide your physical or electronic signature.
Upon receiving your complaint, PhotoAmigo may remove content that you believe
infringes your copyright. In addition, PhotoAmigo may terminate the account of
the member who appears to be infringing your intellectual property rights.
PhotoAmigo claims no ownership rights in any image contained in any user's
photologs or "album." Please note, however, that when you share content on a
photolog, you are making content available to the general public. For the sole
purpose of displaying your images through PhotoAmigo, you grant to PhotoAmigo a
non-exclusive, royalty-free license to use, copy, distribute, and display those
images.
Your Conduct
You are responsible for all of the images you upload, share
or copy using PhotoAmigo service. You must have the legal right to display each
image that you upload or share. Professional images that are provided to you by
professional photographers or made available through websites, magazines, books
or any other resources, are protected by copyright and should not be uploaded,
shared or copied using this service.
In addition, the actions further described below, will constitute grounds for
blocking your access to our service, removal of posted material and
non-fulfillment of your order (or any part of your order). As condition of your
use of this service, you shall not:
_ Upload, post, order for print, email or otherwise transmit any content that
is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar,
invasive of another's privacy, hateful, or otherwise objectionable;
_ Upload, post, order for print, email or otherwise transmit any content that
you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as insider information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements) or any content that infringes
any trademark, trade secret, copyright or other proprietary rights of any
party;
_ Harm minors in any way, including, but not limited to, content that violates
federal and state child pornography laws, child sexual exploitation laws and
laws prohibiting the depiction of minors engaged in sexual conduct;
_ Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through this site;
_ Upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software;
_ Interfere with or disrupt (or attempt to interfere with or disrupt) this site
or servers or networks connected to this site, or disobey any requirements,
procedures, policies or regulations of networks connected to this site;
_ Provide any information to PhotoAmigo that is false or misleading, that
attempts to hide your identity or that you do not have the right to disclose.
PhotoAmigo reserves the right to refuse to fulfill any order, or any part of any
order, if it believes that these Terms of Service have been violated. In
addition, PhotoAmigo reserves the right to disclose any account or order
information when it believes in good faith that the law or legal process
requires it, or when it is necessary to do so to protect the rights or property
of PhotoAmigo or others.
Trademark and Copyright
PhotoAmigo, and all graphics, logos and service names used
to identify PhotoAmigo's products and services are trademarks of PhotoAmigo.
Third party trademarks used in connection with this service are the property of
their respective owners. You are not entitled to use any trademark in
connection with any product or service without the express permission of the
owner of that trademark.
You should assume that all of the content or other works made available to you
through the service (together, the "Content") is protected by copyright or
other proprietary rights. You are not entitled to duplicate, create derivative
works of, distribute, display or perform any Content without the express
permission of the owner of that Content.
Monitoring of Content
In general PhotoAmigo does not control the content of any
user's photo album and does not have any obligation to monitor such content for
any purpose. All content provided by a user of this service is the sole
responsibility of that user, not PhotoAmigo.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY PHOTOAMIGO ARE PROVIDED "AS
IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY
DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOAMIGO DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS
SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO
PHOTOAMIGO, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH PHOTOAMIGO'
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD
OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR
DIGITIAL CONTENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, PHOTOAMIGO SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES RESULTING FROM THE USE OR PROVISION OF PHOTOAMIGO' SERVICE OR SITE, EVEN
IF PHOTOAMIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
General Terms
These Terms of Service constitute the entire agreement
between you and PhotoAmigo with respect to the use of this service. PhotoAmigo's
failure to enforce any right or provision in these Terms of Service shall not
constitute a waiver of such right or provision or of any other rights or
provisions in these Terms of Service. If a court should find that one or more
rights or provisions set forth in these Terms of Service are invalid, you agree
that the remainder of the Terms of Service shall be enforceable and that the
invalid provision shall be enforceable to the fullest extent permitted by law.
PhotoAmigo reserves the right to amend these Terms of Service from time to time
without notice. Please visit this page often for changes and updates.
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