1. Your Agreement with Photonube
Your use of the Photonube Service is governed by this agreement (the “Terms”). The “Service” means the services Photonube makes available include our web sites (https://www.photonube.com), and any other software, sites, and services offered by Photonube in connection to any of those.
In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that Photonube will treat Your use of the Service as acceptance of the Terms from that point onwards.
Photonube may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Photonube will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at email@example.com.
2. Description of Services
Photonube.com is an online software which enables photographers to create and manage client albums, website hosting services and other tools and services. Services include, but are not limited to, any service and/or content Photonube makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Photonube. Photonube reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Photonube may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
3. Registration Data and Privacy
4. Conduct on Site
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Photonube are entirely responsible for all Content that you post, or otherwise submit to the Site. Photonube does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Photonube. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate or intimidate any person; To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Photonube user; To create or transmit unwanted ‘spam’ to any person or any URL To post copyrighted Content which doesn’t belong to you; To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Photonube at email: hello@Photonube.com.
5. Fair Usage Policy
This policy sets out an acceptable level of conduct relating to the use of our Services, it is designed to ensure that the Services received by the majority of the clients are not negative impacted by potential fraud and abuse of our product. Our client gallery product is meant for individual photographer business use only, each “collection” is meant to be created for a single event and shared with client as such. We reserve the right to charge additional fees to users who go above the fair usage amount that is determined to be more than 20GB per collection, and 100GB of bandwidth per month. We have the right to terminate any account immediately if it is determined that there is unlawful, prohibited, abnormal or unusual activity.
6. Fees for Use of the Service
The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.
For all purchased resources and services, we will charge Your credit card on a monthly basis.
Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Charges are solely based on Photonube’s measurements of Your use of the Service, unless otherwise agreed to in writing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
You acknowledge and agree that any credit card and related billing and payment information that You provide to Photonube may be shared by Photonube with companies who work on Photonube’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Photonube and servicing Your account.
Photonube may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
7. Cancellation and Termination
You must cancel Your account via https://wwww.photonube.com. An email or phone request to cancel Your account is not considered cancellation.
You will not receive any refunds if You cancel Your account.
If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.
You agree that Photonube, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Photonube will not be liable to You or any third party for such termination.
8. Ideas and Feedback
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Photonube under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
9. External Resources
The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Photonube is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10. Disclaimer of Warranties
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PHOTONUBE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. PHOTONUBE DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL PHOTONUBE, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
11. Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to hold harmless and indemnify Photonube, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Photonube and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, or (c) Your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Photonube will provide You with written notice of such claim, suit or action.
13. Choice of Law and Dispute Resolution
14. General Legal Terms
The Terms constitute the whole legal agreement between You and Photonube and govern Your use of the Service and completely replace any prior agreements between You and Photonube in relation to the Service.
If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Photonube to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if Photonube does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Photonube has the benefit of under any applicable law), this will not be taken to be a formal waiver of Photonube’s rights and that those rights or remedies will still be available to Photonube.
Photonube shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
This document is an adaptation of the Google App Engine Terms of Service. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Photonube or its use of the work.