PLEASE READ THIS DOCUMENT CAREFULLY. PHOOOTIME, INC (“Phootime,” “we,” or “us”) offers an online photo and video management platform through its website located at phootime.com (the “Phootime Site”), mobile applications, and desktop applications (collectively, the “Phootime Service”). By registering as a member or by using the Phootime Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Phootime. If you do not wish to be bound by this Agreement, do not use the Phootime Service.
1. Who May Use the Phootime Service
AGE REQUIREMENT: You must be at least 13 years old to use the Phootime Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Phootime Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Phootime Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Phootime Service. If your child is using the Phootime Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Phootime Service is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the Phootime Service and/or have your parent’s or guardian’s permission, some of the content available within the Phootime Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Phootime Service
LICENSE: Phootime grants you a limited, non-exclusive license to access and use the Phootime Service for your own personal, non-commercial purposes. This includes the right to view content available on the Phootime Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Phootime Service for commercial purposes unless:
- You are a paid Phootime Plus/Pro user, in which case you may use and access the Phootime Service for commercial and non-commercial purposes; or
- You are a small-scale independent production company, non-profit, or artist, in which case you may use the Phootime Service to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by Phootime in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Phootime Service. Nor will you take any measures to interfere with or damage the Phootime Service. All rights not expressly granted by Phootime are reserved.
- What information we may collect about you.
- What we use that information for.
- With whom we share that information.
4. Subscriptions and Purchases
OPTIONS: In addition to offering basic (free) memberships, we offer Phootime Plus and Phootime Pro subscriptions. Please see our pricing pages for current Plus and Pro features and pricing. Features and prices are subject to change. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Phootime. If you have questions, please contact us.
RENEWALS: By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Phootime reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When a Phootime Plus/Pro subscription ends, the account automatically becomes a basic (free) account if your uploads do not exceed the limitation of free account. Otherwise, the account (including all content) will be deleted within fourteen (14) days.
5. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Phootime Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Phootime Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Phootime may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Phootime determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Phootime’s reputation and goodwill. If Phootime deletes your account for the foregoing reasons, you may not re-register for the Phootime Service. Phootime may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Phootime will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Phootime shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.).
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted).
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group.
- Exploits minors.
- Depicts unlawful acts or extreme violence.
- Depicts animal cruelty or extreme violence towards animals.
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures.
- Violates any law.
7. Licenses Granted by You
LICENSE TO Phootime: As between you and Phootime, you own the content that you submit to the Phootime Service. By submitting a photo or video, you grant Phootime a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your photo or video for the purpose of (i) displaying the content within the Phootime Service; (ii) displaying the content on third party websites and applications through a embed or Phootime’s API subject to your privacy choices; (iii) allowing other users to play, download, and embed on third party websites the content, subject to your privacy choices; (iii) promoting the Phootime Service, provided that you have made the publicly available; and (iv) archiving or preserving the content for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the Phootime Service permission to view your photos and videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the photos and videos solely to the extent necessary to view the content. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your content from the Phootime Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed content may be cached in search engine indices after removal and that Phootime has no control over such caching.
If you make suggestions to Phootime on improving or adding new features to the Phootime Service, Phootime shall have the right to use your suggestions without any compensation to you.
You will indemnify, defend, and hold harmless Phootime and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Phootime Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Phootime violates any law or infringes any third party right, including any intellectual property or privacy right.
Phootime reserves the right to modify the Phootime Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Phootime Service. Phootime has no obligation to screen or monitor any content and does not guarantee that any content available on the Phootime Service complies with this Agreement or is suitable for all users.
Phootime provides the Phootime Service on an “as is” and “as available” basis. You therefore use the Phootime Service at your own risk. Phootime expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Phootime makes no representations or warranties:
- That the Phootime Service will be permitted in your jurisdiction.
- That the Phootime Service will be uninterrupted or error-free.
- Concerning any content submitted by any member.
- Concerning any third party’s use of content that you submit.
- That any content you submit will be made available on the Phootime Service or will be stored by Phootime.
- That the Phootime Service will meet your business or professional needs.
- That Phootime will continue to support any particular feature of the Phootime Service.
- Concerning sites and resources outside of the Phootime Service, even if linked to from the Phootime Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Phootime Service, and no warranties shall apply after such period.
10. Limitation of Liability
To the fullest extent permitted by law: (i) Phootime 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; and (ii) Phootime’s total liability to you shall not exceed the amounts paid by you to Phootime over the twelve (12) months preceding your claim(s).
11. General Provisions
GOVERNING LAW: Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of the BVI, without regard to the conflicts of laws provisions therein.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Phootime in exercising any right hereunder will waive any further exercise of that right. Phootime’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Phootime’s prior written consent. No third party shall have any rights hereunder.
DATE OF LAST UPDATE:
This agreement was last updated on May 15, 2013.