1. DESCRIPTION OF SERVICE.
PhotosFree.com™ provides to its subscribers a variety of online services, including digital photo storage, sharing and printing, voice annotation, slide show presentations, image manipulation, and the creation of photo-based merchandise (the "Service"). Any additions to or enhancements of the Service, including the release of new PhotosFree.com™ features, shall be subject to these TOS. To use the Service, you must have access to the World Wide Web and pay any service fees associated with such access and provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device.
2. CHANGES IN TERMS AND CONDITIONS.
PhotosFree.com™ may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these TOS from time to time without notice, in its sole discretion and shall provide notice of such modifications by posting the modified TOS on the Site; however, your use of the Site thereafter shall constitute acceptance of any and all such modifications, regardless of notice. Please review the TOS from time to time so that you will be apprised of any changes.
3. MEMBER CONDUCT, CONTENT RESTRICTIONS, SIZE LIMITATIONS.
You agree that all materials which are transmitted by you are your sole and exclusive responsibility. You agree that you will not use the Service to upload, post or otherwise transmit any content that is: unlawful, harmful, threatening, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, or which may give rise to civil or criminal liability under applicable law; libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or violative of any copyright or other proprietary rights of another. PhotosFree.com™ does not intend to pre-screen content uploaded or stored by its members, and is not responsible for such content; PhotosFree.com™ reserves the right to edit or remove content which violates any of the foregoing provisions.
4. ADULT CONTENT
We require that all photographs that are, in our sole discretion, inappropriate for children to view be kept in password protected albums. Failure to do so may, at our sole discretion, result in a suspension or revocation of your account privileges. In any event, the offending images will be immediately removed from the relevant album(s) and may, at our discretion, be deleted from the Site altogether. PhotosFree.com™ does not condone adult content in the public areas of the site. While we do not monitor every photo being uploaded, PhotosFree.com™ will remove accounts that promote naked or, in our sole discretion, obscene photos in the non-password protected albums as we discover them. PhotosFree.com™ is in no way liable for any user-supplied content.
5. SITE AVAILABILITY
PhotosFree.com™, in an effort to provide reliable and efficient services to its customers, will periodically schedule system downtime for maintenance and other purposes. In addition to regularly scheduled maintenance, there is always a risk that unscheduled or unexpected interruptions also may occur, due to circumstances within or beyond the Site's control. PhotosFree.com™ shall have no liability whatsoever with respect to any lack of Site availability, or for any loss of data caused by planned or unplanned outages or any associated delay. PhotosFree.com™ will also have no liability for any interruption in service, lost data, dropped or terminated transactions, or any other damage or inconvenience related to any interruptions in site availability. PhotosFree.com™ shall also have no responsibility for outages which are caused by third parties, such as internet service providers, telecommunications companies or third-party billing services.
6. SECURITY, SITE ACCESS, SHARING OF IMAGES, RE-PRINT PERMISSION.
Any content which you transfer to the Service will be stored on a secure server located within the United States of America. Your account will also be protected by a password selected by you. You may share images only with those to whom you have given access to your PhotosFree.com™ account. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities which occur under your password or account. PhotosFree.com™ strongly recommends that you only disseminate this information to individuals who you know and trust. For more information regarding the security of your content, please see our Security Policy. If you share access to your content with any other person, PhotosFree.com™ shall have permission to send prints to such person. If in fact you believe that your password secrecy has been breached by an unauthorized user, it is required that you reset your passwords and report the possible security issue to Security@PhotosFree.com.
7. SHARED AREAS OF THE SITE.
While PhotosFree.com™ works extremely hard to maintain a family-friendly atmosphere within the Site, we ask that you keep any photographs that you would not want a member of your chosen sharing network viewing or requesting a print copy thereof in a private, password-protected album. Your shared albums may be viewed by chosen members; however, you must give the album specific password for the member to be able to gain access to the password-protected album. PhotosFree.com™ is not responsible for any inappropriate or illegal use, distribution, or sale of photographs and/or downloaded images posted by our users. We strongly urge you use caution when selecting which, if any, photographs in your online collection that you wish to make available for viewing and/or purchase by other members, especially photographs featuring children.
8. AGE REQUIREMENT, LIMITATION ON USE.
Our Service is offered and made available only to users 13 years of age or older, you MUST be at least 13 years of age to use our services. You must be considered an adult where you live (generally 18 years old) to become a User without the consent of a parent and if you are under the age of 13, you may not become a User or access or use our Services at all. If you are at least 13 years old, but under the age of 18 (or you are considered a minor where you live) you are considered a "Minor" and may register for and/or use our Services and become a User with the consent of your parent or legal guardian ("parent"). In such situations, we require your parent to agree to these Terms of Use themselves and on your behalf. If you are a parent registering or subscribing on behalf of a Minor, you are agreeing to be fully responsible for the Minor and to comply with these Terms of Use. If you are a parent and do not agree with these Terms of Use, do not allow your Minor to use our Service.
9. PRIVACY.
You agree that you have read and understand the terms of Site Privacy Policy as part of your agreement with respect to the use of the Site. Click here to read Privacy Policy.
10. LINKS TO THIRD-PARTY SITES.
PhotosFree.com™ may provide links to other sites on the Internet which may be of interest to you. PhotosFree.com™ does not control the content which may be on or available through these sites, and assumes no liability relating to such sites. The presence of such a link does not imply endorsement of those sites or association of those sites with PhotosFree.com™. It is up to each member to become familiar with these sites and their privacy and security policies.
11. THIRD-PARTY SOFTWARE, GOODS AND SERVICES.
Under certain circumstances, PhotosFree.com™ may make available to its members software products and other goods and services that have been developed by others. As a condition to using those products, the PhotosFree.com™ member must agree to be bound by the terms and conditions imposed by the producer of the software, goods and services, including license and warranty terms and conditions. Such agreements will be between you and the software producer. PhotosFree.com™ DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY SUCH SOFTWARE PRODUCT, GOODS OR SERVICES OBTAINED OR ADVERTISED THROUGH PhotosFree.com™ OR ON THE PhotosFree.com™ SITE, OR THAT ANY SOFTWARE PRODUCT WILL BE FREE FROM CONTAMINATING OR DESTRUCTIVE CODE, SUCH AS VIRUSES, WORMS OR TROJAN HORSES.
12. LICENSE GRANT TO PhotosFree.com™.
PhotosFree.com™ does not claim any ownership in the photos, sound recordings, videos or other media created or uploaded by you or any other user ("Media"). Consequently, PhotosFree.com™ will not license, resell, or otherwise distribute Media to third parties. Unless otherwise indicated, by uploading Media to any album within the Service, you grant PhotosFree.com™ a non-exclusive, royalty-free license to publish, distribute and display the Media, without limitation, anywhere within the Service itself and within email communications promoting the Service. This license shall be in effect during all times that relevant Media is stored by you in PhotosFree.com™ albums. This license shall NOT apply to Media placed in private password-protected albums.
Furthermore, you represent and warrant that you own or otherwise control all of the rights to the Media that you post; that you have received all proper permissions and/or releases relative to all media that you post; that use of the Media you store in any album does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify PhotosFree.com™ for all claims resulting from Media you supply. PhotosFree.com™ has the right but not the obligation to monitor and edit or remove any activity or Media. You understand and agree that PhotosFree.com™ takes no responsibility and assumes no liability for any Media posted by you or any third party.
13. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless PhotosFree.com™ and its subsidiary and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Service or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). PhotosFree.com™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with PhotosFree.com™ and its counsel in the conduct of such defense.
14. PROTECTION OF USER DATA.
PhotosFree.com™ does not guarantee that the Site will be free of infection from viruses, mal ware, spyware, or other harmful or annoying software, that could affect your computer, possibly causing damage to data, software, or hardware, or extracting system data or personal information. Users are solely responsible for employing adequate protections, such as firewall's and antivirus software to satisfy each such user’s particular requirements for integrity and accuracy of data. Users are responsible for backing up and/or preserving their own software and data including data exchanged with the Site to permit the reconstruction or recovery of lost or corrupted data. At no time shall PhotosFree.com™ be responsible for storing, protecting or recovering a user's lost or corrupt data.
Users are responsible for maintaining the confidentiality of their passwords and account numbers, and may not share them with others. You consent to the use of your account information as an electronic record and electronic signature attributable to you as an agreement to abide by terms, to be liable for costs associated with purchases, and for any and all transactions with the Site. You shall notify PhotosFree.com™ immediately of any unauthorized use or disclosure of your account information, or in the event that your account information becomes compromised. PhotosFree.com™ shall not be responsible or liable for any fraudulent or unauthorized purchases that are made using your compromised account information, regardless of notification. You agree to be fully liable and accountable for any actions taken, including purchases, using your account information, your authorization and/or knowledge notwithstanding.
15. DISCLAIMER OF WARRANTIES.
THE SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH PhotosFree.com™ ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PhotosFree.com™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PhotosFree.com™, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL PhotosFree.com™, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, ITS LICENSORS, SUPPLIERS, PROVIDERS, OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE . THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PhotosFree.com™OR THE COMPANIES MENTIONED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF PhotosFree.com™ AND THE COMPANIES MENTIONED ABOVE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ADDITON, PhotosFree’s
providers’ liability to consumers is capped at $100 per order or the retail cost
of the order, whichever is less.
17. TERMINATION OF SERVICE.
PhotosFree.com™, in its sole discretion, may terminate your password and use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, expiration of the terms of your PhotosFree.com™ subscription, lack of use of the Service for a specified period, or if PhotosFree.com™ believes that you have violated or acted inconsistently with these Terms of Service. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected at the sole discretion of PhotosFree.com™. PhotosFree.com™ may deactivate or delete your account and all related information and files and/or bar any further access to such files or the Service at its sole discretion without notice. You agree that PhotosFree.com™ shall not be liable to you or any third-party for any termination of your access to the Service.
18. DISCONTINUING INACTIVE ACCOUNTS.
PhotosFree.com™ reserves the right to cancel the Service or to discontinue accounts which have been inactive for more than 365 days.
19. COPYRIGHT & TRADEMARK INFRINGEMENT/DESIGNATION OF AGENT.
PhotosFree.com™'s policy regarding copyright infringement and PhotosFree.com™'s
designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC 512) is incorporated herein and follows below:
PhotosFree.com™ observes, and requires all users to observe applicable copyright and trademark laws. PhotosFree.com™ may, when necessary and at its discretion, remove, delete, disable access to or remove internal or external links to, any material it finds or believes to be infringing on any copyright or trademark. To the extent any user is found to repeatedly participate in infringing activity, PhotosFree.com™ shall have the right to terminate such user’s account and access to the Site.
If you believe that your work has been used on the Site in any manner that constitutes copyright or trademark infringement, please notify PhotosFree.com™ copyright agent at Gray-Robinson P.A., Wlliam R Robinson, Esquire. by written notice: ATTN: William Robinson, PhotoActive Copyright, 301 East Pine St, Suite 1400, Orlando, FL 32802 Copyright@Photosfree.com You acknowledge and agree that PhotosFree.com™ and its licensors own all rights, title, and interest in text, graphics/images, logos, artwork, audio clips, video, photographs, software, and other information (the "Content"), as protected by federal and international copyright and trademark laws, or other laws protecting such proprietary rights.
PhotosFree.com™ grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. Other than as expressly provided herein, no portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of PhotosFree.com™ and/or the appropriate third party licensors, or of the individual PhotosFree.com™ user, as applicable. These terms and your use of the Site do not give you any rights to use any PhotosFree.com™ trademarks, service marks or logos. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent or trademark of PhotosFree.com™ or any third party.
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, or otherwise examine, license or create derivative works with respect to the Site, the Content, or any portion or subdivision thereof. Portions of the Content may be licensed to PhotosFree.com™ from third parties; such third party Content and all intellectual property rights associated therewith belong to the third parties from whom such Content is licensed. At no time shall any user be permitted to remove, alter or modify any copyright, trademark or other intellectual property contained on the Site or the Content. Any and all rights or protections not expressly granted by this Agreement or any applicable license agreements are hereby expressly reserved by PhotosFree.com™.
20. GOVERNING LAW.
This Agreement is governed by and construed in accordance with the laws of the United States and of the State of Florida, excluding conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Both parties agree to submit to the exclusive jurisdiction of the courts of the State of Florida and the United States federal district court located in Orange County, Florida with respect to actions brought under this Agreement. You are solely responsible for your familiarity and compliance with any laws that may prohibit participation in or use of any part of the Site.
21. INTERNATIONAL USE, EXPORTS.
PhotosFree.com™ makes no representation that the Service will be available or appropriate for use in locations outside of the United States. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. PhotosFree.com™ members are responsible for compliance with all United States export laws and regulations when the member exports any materials provided through the Service.
22. Commercial Use, Resale of Photos.
Users agree not to re-sell free photos, or use free photos for commercial purposes of any kind. You agree that you will be liable to PhotosFree.com for $1.00 US per photo for each unauthorized use.
23. SEVERABILITY AND INTEGRATION.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and PhotosFree.com™ with respect to the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PhotosFree.com™ with regard to the Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
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