Photofram.es (the “Company”) operates various Internet services, websites, products, and/or applications that enable you to access, create, share, and interact with photo Content (each separately a “Service” and collectively the “Services”). The Services are provided subject to the terms and conditions of use set forth herein (the “Terms”). Before using any Service, please carefully review the Terms. Your usage of a Service constitutes agreement with the Terms as set forth herein. The Company may, at its' sole discretion, periodically change, add, or remove portions of the Terms. Such changes become effective immediately upon publishing the new Terms to the Services. Continued usage of the Services constitutes acceptance of such changes.
The Company may, at its' sole discretion, at any time, and without notice, modify or terminate, temporarily or permanently, all or part of the Services. The Company shall not be liable to any party for any modification, suspension, or termination of all or part of the Services except as expressly stated herein.
Usage of the Services constitutes full acceptance of the Terms. If you do not agree with any part of the Terms, you are not granted rights to use any part of the Services and should refrain from accessing any part of the Services.
By using the Services, you warrant that you will not use the Services, or any Content obtained from the Services, for any purpose or in any way that is unlawful in your jurisdiction or in violation of the Terms as outlined herein. If you violate any of the Terms, your permission to use the Services immediately terminates.
PURPOSE
The Company operates the Services for the purposes of storing and sharing users' original photo Content, including the distribution of such Content to various third-party websites and social networks (the “Purpose”).
REGISTRATION
When requested, each user of the Services must (i) personally provide true, accurate, current, and complete information on the registration form (the “Registration Data”) and (ii) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current, and complete. If, after investigation, the Company has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current, or incomplete, the Company may suspend or terminate that user's account and prohibit any and all current or future use of part of or all of the Services by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain Services registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. The Company cannot and will not be liable for any damage or loss arising from a user's failure to comply with this provision, including failure to (i) immediately notify the Company of any unauthorized use of his or her password or account or any other breach of security and (ii) ensure that he or she promptly logs out from his or her account at the end of each session.
No part of the Registration Data may contain any data that is (i) defamatory, (ii) offensive, (iii) threatening, (iv) libelous, (v) obscene, (vi) unlawful, or (vii) otherwise objectionable or violating another party's intellectual property rights or these Terms. The Company may, at its sole discretion, terminate or rename offending accounts.
You must be 13 years of age or older to use any part of the Services. Should you not have yet reached the age of majority in your jurisdiction, your parent or legal guardian, as applicable, must expressly consent to your use of the Services.
All Registration Data is handled in accordance with the Company's Privacy Policy.
CONTENT
All information, data, text, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively the “Content”) whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Such user, and not the Company, is entirely responsible for all Content that he or she stores, shares, displays or transmits via the Services.
It is not permitted to store, share, display or transmit Content via the Services that is (i) defamatory, (ii) offensive, (iii) threatening, (iv) libelous, (v) obscene, (vi) unlawful, or (vii) otherwise objectionable or violating another party's intellectual property rights or these Terms. The Company may, at its sole discretion, delete offending Content of which it becomes aware. The Company reserves the right, at its sole discretion, to refuse or remove any Content that it reasonably considers to violate the Terms or to be otherwise illegal. The Company reserves the right, at its sole discretion, to preserve Content and to disclose Content, if required to do so by law or judicial or governmental mandate or as reasonably determined useful by the Company to protect the rights, property, or personal safety of the Services' users and the general public.
The Company does not exercise editorial control over user submitted Content and as such cannot guarantee the accuracy, integrity, or quality of any Content. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, liability for errors or omissions in any Content or for any loss or damage of any kind incurred as a result of use of any Content posted, shared, displayed, or otherwise transmitted via the Services. Users may be exposed to Content that is offensive, indecent, or questionable. Each user must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
LICENSING
When you submit, share, or otherwise transmit Content on any part of the Services, you represent and warrant that (i) you own or have sufficient rights to post or make available the Content via the Services; (ii) the submission, sharing or transmission of your Content does not violate any privacy rights, publicity rights, copyrights, contract rights, or any other rights, including intellectual property rights, of any person or entity; (iii) you have fully complied with any third-party licenses relating to your Content, agreed to pay for all royalties, fees, and any other monies owing any person; (iv) your Content does not contain viruses, worms, or any other malicious or destructive code; (v) your Content is not defamatory, offensive, threatening, libelous, slanderous, obscene, unlawful, lewd, lascivious, excessively violent, harassing, inciting personal harm; (vi) your Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, does not discriminate incite harassment, or advocate harassment of any group or individual; (vii) your Content does not contain any material that solicits personal information from minors or exploit minors in a sexual or violent manner, and does not violate any laws concerning child pornography or otherwise intended to protect the health and well-being of minors.
By submitting your Content you grant the Company a non-exclusive, royalty-free, fully paid, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content.
Users retain their intellectual rights to any Content they submit, share, or otherwise transmit via the Services. Any use of other users' Content apart from consuming the Content using the Services is outside of the scope of these Terms and subject to a separate licensing agreement between the Content owner and the licensor, to which the Company is not a party and which the Company does not undertake to arrange.
TERMINATION
The Company may terminate a user's account at the Company's sole discretion and for any reason. Reasons that could result in termination include, but are not limited to, the following: (i) violation of these Terms; (ii) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (iii) use of the Services in a manner that is unlawful or inconsistent with the Purpose; (iv) a user's request for such termination; or (v) as required by law, regulation, court or governing agency order.
The Company's termination of any user's access to all or part of the Services may be effected without notice and, on such termination, the Company may immediately deactivate or delete user's account and/or bar any further access to such files. The Company shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. The Company reserves the right to delete, or not delete, a user's account at the Company's sole discretion, as well as to delete, or not delete, Content at the Company's sole discretion.
NO RESALE
You agree not to sell, resell, or offer for any commercial or non-commercial purposes any part of the Services, use of any part of the Services, or access to any part of the Services.
INDEMNITY
You shall indemnify, defend, and hold harmless the Company, it's parent or subsidiary corporations and their affiliates and their respective officers, employees and agents, as well as the Company's website partners, from any and all claims, damages, liabilities, demands, and costs, including reasonable attorney's fees, made by any third party due to or arising out of your acts and omissions, including claims arising out of your use of the Services, your submission, posting, or transmission of Content or your violation of these Terms.
DISCLAIMER AND LIMITATION OF LIABILITY
EACH USER'S USE OF THE SERVICES IS AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SPECIFICALLY, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES OR ANY PARTICULAR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICES OR A PARTICULAR SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN THE COMPANY AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, THE COMPANY DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE SERVICES' USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SERVICES. OPERATION OF SERVICES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY THE COMPANY. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
TRADEMARKS
Photofram.es, the Photofram.es logo, and other Company trademarks, service marks, and product and service names are Company trademarks or registered trademarks in the Unites States, Russia, and in other countries (the “Company Marks”). All other names and designs may be trademarks of their respective owners. You may not use or display the Company Marks without prior written permission from the Company.
COPYRIGHTS
The Company respects national and international copyright legislation and agreements and expect all users to do the same. As an online service provider, the Company merely stores and automatically processes user submitted Content, and is not able to and does not actively monitor user submitted Content for copyright infringement and is only able to respond to specific acts of infringement on a case by case basis at they become known to the Company.
If you believe that your work has been copied and is accessible on any part of the Services in a way that constitutes copyright infringement, you may notify the Company by submitting a copyright claim in writing. Please note that you will be liable for all damages, including but not limited to costs and attorney's fees, should you make any material misrepresentations when making a copyright claim. Your copyright claim must be written in English and must include (i) identification of the copyrighted work or works which you claim infringes your copyrights, sufficient to allow the Company to locate and remove the infringing Content; (ii) your contact information, including name, postal address, phone number, and, if available, an email address at which you may be contacted; (iii) include the following statement verbatim: “I have a good faith belief that the use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”; (iv) include the following statement verbatim: “The information in this notification is accurate, and, under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; (v) an original physical or qualified electronic signature, in a form reasonably acceptable to the Company, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your written copyright claim to:
info@photofram.es
LINKS
The Company may provide, on the Service, links to other third-party websites. The Company exercises no control whatsoever over such websites or web-based resources and is not in any way responsible or liable for the availability thereof or the content, advertising, products, or other materials thereon. The Company shall not be responsible or liable, directly or indirectly, for any loss or damage incurred or suffered by you in connection therewith. Access to and use of such websites or web-based resources, including any information, material, products, and services therein, is solely at your own risk. The Company's Privacy Statement only applies to the Company's Services and not to any third-party website or web-based resource.
GENERAL
These Terms constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior or contemporaneous agreements. These Terms and the relationship between you and the Company are governed by the laws of England and Wales and each party agrees to submit to the exclusive and personal jurisdiction of the courts of England and Wales.
These Terms do not create or infer any rights that are enforceable by any person who is not party to these Terms.
If the Company does not enforce or exercise any right that it has against you at a particular time, then this does not prevent the Company from exercising or enforcing that right at a later time. If any provision of these Terms is found to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, then the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions in the invalid provision. The remaining provisions shall remain in full effect. The Company may assign these Terms, in whole or in part, should the Company ever file for bankruptcy or in the event of a sale, merger, acquisition, or transfer of all or substantially all of the shares of the Company.
You may not assign, sub-license, or otherwise transfer any of your rights and obligations arising under these Terms, in whole or in part, without the Company's prior written consent.
