ACCEPTANCE OF TERMS
Photted.com welcomes You!
Photted.com provides the Services (defined below) to You subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to You. By accessing and using the Photted.com Services, You accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Photted.com owned or operated services, You and Photted.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to other Photted.com Policies) are hereby incorporated by reference into the TOS.
2. PHOTTED.COM SERVICES
Photted.com offers You the access to a rich collection of resources, including without limitation:
creation of Your own photo reports;
(collectively referred to as " Photted.com Services") that are offered via the Site, other social media, Photted.com mobile services and mobile applications.
You also understand and agree that the Photted.com Services may include advertisements and that these advertisements are necessary for Photted.com to provide the Services.
You understand and agree that the Photted.com Services is provided "AS-IS" and that Photted.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, materials or personalization settings. You are responsible for obtaining access to the Photted.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Photted.com Services.
You understand that the technical processing and transmission of the Photted.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Photted.com may have certain areas on the Photted.com Services that may contain adult or mature content. You must be at least 18 years of age to be able to access and view such Content.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Photted.com Services, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Photted.com Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Photted.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Photted.com has the right to suspend or terminate your account and refuse any and all current or future use of the Photted.com Services (or any portion thereof).
5. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Photted.com Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Photted.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Photted.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Photted.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Photted.com Services. Photted.com does not control the Content posted via the Photted.com Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Photted.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Photted.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Photted.com Services.
You agree to not use the Photted.com Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Photted.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Photted.com Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available 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 or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Photted.com Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. "stalk" or otherwise harass another; and/or
k. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
l. provide material support, information content or resources to any terrorist organization.
You acknowledge that Photted.com may or may not pre-screen Content, but that Photted.com shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Photted.com Services. Without limiting the foregoing, Photted.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you 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. In this regard, you acknowledge that you may not rely on any Content created by Photted.com or submitted to Photted.com.
You acknowledge, consent and agree that Photted.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Photted.com, its users and the public.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PHOTTED.COM SERVICES
Photted.com does not claim ownership of Content you submit or make available for inclusion on the Photted.com Services. However, with respect to all Content you submit or make available, you grant Photted.com the worldwide, royalty-free and non-exclusive license(s) to: to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Photted.com Services. This license exists only for as long as you elect to continue to include such Content on the Photted.com Services and will terminate at the time you remove or Photted.com removes such Content from the Photted.com Services.
8. CONTRIBUTIONS TO PHOTTED.COM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Photted.com through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Photted.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Photted.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Photted.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Photted.com without any obligation of Photted.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Photted.com under any circumstances.
You agree to indemnify and hold Photted.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Photted.com Services, your use of the Photted.com Services, your connection to the Photted.com Services, your violation of the TOS, or your violation of any rights of another.
10. NO COMMERCIAL REUSE OF PHOTTED.COM SERVICES
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 Photted.com Services.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Photted.com may establish general practices and limits concerning use of the Photted.com Services, including without limitation the maximum number of days the uploaded Content will be retained by the Photted.com Services, the maximum disk space that will be allotted on Photted.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Photted.com Services in a given period of time. You agree that Photted.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Photted.com Services. You acknowledge that Photted.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Photted.com reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO PHOTTED.COM SERVICES
Photted.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Photted.com Services (or any part thereof) with or without notice. You agree that Photted.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Photted.com Services (or any part thereof).
You may terminate your Photted.com account by submitting such termination request to Photted.com.
You agree that Photted.com may, without prior notice, immediately terminate, limit your access to or suspend your Photted.com account and access to the Photted.com Services. Further, you agree that all terminations, limitations of access and suspensions shall be made in Photted.com 's sole discretion and that Photted.com shall not be liable to you or any third party for any termination of your account or access to the Photted.com Services.
Termination of your Photted.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the Photted.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Photted.com Services.
14. DEALINGS WITH ADVERTISERS ON PHOTTED.COM
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Photted.com Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Photted.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Photted.com Services.
The Photted.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Photted.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Photted.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. PHOTTED.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Photted.com Services and any necessary software used in connection with the Photted.com Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Photted.com Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Photted.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Photted.com Services, such Content or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE PHOTTED.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE PHOTTED.COM SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTTED.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PHOTTED.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PHOTTED.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PHOTTED.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PHOTTED.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PHOTTED.COM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PHOTTED.COM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTTED.COM OR THROUGH OR FROM THE PHOTTED.COM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHOTTED.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 PHOTTED.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PHOTTED.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PHOTTED.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PHOTTED.COM SERVICE.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
20. PHOTTED.COM NOTICES
Photted.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Photted.com Services.
21. PHOTTED.COM TRADEMARK INFORMATION
You agree that all of Photted.com ’s trademarks, trade names, service marks and other Photted.com logos and brand features, and product and service names are trademarks and the property of Photted.com. Without Photted.com’s prior permission, you agree not to display or use in any manner the Photted.com Marks.
Please report any violations of the TOS to our ___________.