Effective Date: This Terms of Service is effective and was last updated as of May 30, 2014 (the "Terms of Service").
A. The Kids Photo Frames application (our "Application") are owned and operated by Andrei Kuzmenko ("PhotoFram.es", "we", "us" or "our"). By accessing or using the services available through our Application (the "Services"), you agree to be bound by this Terms of Service and our Privacy Policy currently found at http://photofram.es/privacy/kids.html and incorporated herein by reference. This Terms of Service governs your and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials and any “collections” or “canvases” of the foregoing (collectively, the "Content") uploaded, transmitted, tagged or posted (altogether, "Posted") by you or our other users in connection with the Services. If you do not agree to be bound by this Terms of Service, you are not permitted to use our Services.
B. We may, at our sole discretion, modify or revise this Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Photofram.es may attempt to notify you when major changes are made to this Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website and Services thereafter. Nothing in this Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
A. Creation of a User Account. In order to create a user account for our Services (a "User Account"), you must (i) agree to be bound by this Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required during the registration process. You are responsible for providing complete and accurate information when registering for a User Account. You are responsible for maintaining the security of the User Account and any password associated therewith. You agree to keep your password secure and confidential and to not allow anyone else to use your username or password to access our Website. You also agree not to create additional User Accounts for the purpose of abusing the functionality of our Website or to seek to pass yourself off as another user. You agree that you will not solicit, collect or use the login credentials of other PhotoFram.es users. You are responsible for all Content that is Posted to our Website or through the Services using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you. We reserve the right to deny registration of any individual and to deny access to our Services to any individual, and to modify or terminate the Services, in each case, for any reason, with or without notice and at any time. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.
B. Suspension and Termination of Account and Service. Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. We reserve the right to limit, suspend, terminate, modify, or delete (i) the User Account we provide to you or (ii) your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service (including, without limitation, the "prohibited actions" set forth in Section VI below). We reserve the right to force forfeiture of or reassign any username for any reason, with or without notice and at any time. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. We will not provide refunds, benefits or other compensation to users in connection with our exercise of any of our rights hereunder. You may cancel any User Account registered to you at any time by contacting us support@photofram.es
A. You are responsible for your use of our Services, for any Content you Post using the Services, and for any consequences or liability arising therefrom. As part of the Services, you will be provided the opportunity to contribute inspirational Content to the PhotoFram.es community ("Posting"). You can post Content by (i) uploading Content from your computer or mobile device to our servers. Please note that other users of the Services will be able to view any Content you post. As such, you should only provide Content you are comfortable sharing under this Terms of Service.
B. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You acknowledge that we may not always identify paid services, sponsored Content or commercial communications as such.
C. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
D. You are solely responsible for your interaction with other users of the Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
A. We do not review new Content prior to it being Posted on our Website or through the Services. By Posting Content to our server, you guarantee us that you have the right to make this Content available for use in accordance herewith. You further agree that Content you Post to the Services will not contain third-party copyrighted material, or material that is subject to other third-party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant PhotoFram.es all of the license rights granted herein.
B. Any use or reliance on Content Posted using the Services or obtained by you through the Services, is at your own risk.
C. We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing on our Website or the Services. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content Posted, emailed or otherwise made available via the Services.
D. The Services may contain links to third-party websites that are not owned or controlled by us. Functionality of the Services may also permit interactions between the Services and third-party applications or features, including applications that connect the Services or your profile with a third-party website or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party website, service, feature or application. In addition, we will not and cannot censor or edit the content of any third-party website, service, feature or application. By using the Services, you expressly relieve us of any and all liability arising from your use of any third-party website, service, feature or application. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit. Your correspondence and dealings with third parties in connection with the Services are solely between you and such third parties.
E. We reserve the right to remove hosted content and take technical and legal steps to bar users from our Website and/or the Services if we believe them to be in violation of this Terms of Service. If you feel that any Content currently Posted on our Website or the Services is in violation of this Terms of Service, please click on the "Report Image" link next to the non-compliant Content and follow the instructions provided.
A. PhotoFram.es and/or its third-party licensors retain ownership of all intellectual property rights in this Website, the Services and any software, mobile applications made available to you in connection with the Services. However, we do not claim any ownership in the Content you or our other users Post.
B. So that PhotoFram.es can operate, maintain, market and improve our Website, our mobile applications and our Services and our users can use and enjoy the same, when you Post Content through our Services, you give PhotoFram.es, its affiliates and its third-party providers and partners a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), copy and create derivative works of such Content (either alone or as part of a collective work). As part of the foregoing license grant (the "User Content License"), you agree that (i) the other users of our Services shall have the right to comment on your Content and/or to include a copy of your Content as part of their own user profile and (ii) we have the right to make any of your publicly-Posted Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work). For the avoidance of doubt, you agree that our third-party content providers, partners and advertisers may display or feature any Content that you Post through our Services in their own Content and promotional material on our Website, including in their profiles on our Website.
C. Because of the social nature of Content shared through our Services, when you Post something publicly on our Website or through our Services, others may choose to add descriptive commentary and tags to your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile. You may adjust your privacy settings to make certain portions of your profile private, but the content that you post will still be available through our Services, and others may choose to add descriptive commentary and tags to your Content. As such, and in order to maintain the integrity of the Services, you agree that PhotoFram.es’s rights under the User Content License will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.
D. Upon termination of your Account or upon your deletion of any Content from the Services, PhotoFram.es shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such Content may not be immediately removed; (b) such removed Content may persist in backups for a reasonable period of time; and (c) such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been RePosted.
A. You agree that you will not:
We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer. We also reserve the right to decide whether Content violates this Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and at our sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of this Terms of Service.
You hereby agree to defend, indemnify and hold us, our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (collectively, the "Indemnified Parties") harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Terms of Service or any representations, warranties and/or covenants contained herein, (ii) arises from the Content or effects of any messages you Post using our Services, or (iii) otherwise arises from or relates to your use of our Services. In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages when you use our Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with this Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this Website and/or through our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A. No Express or Implied Warranties. OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, PHOTOFRAM.ES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT). PHOTOFRAM.ES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHOTOFRAM.ES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW WARRANTIES TO BE EXCLUDED, RESTRICTED OR MODIFIED AND CONTAIN LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR PLACE OF RESIDENCE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. AS SUCH, WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY FURNISHING A PORTION OF OUR SERVICES. USE OF OUR SERVICES AND ANY RELIANCE BY YOU UPON OUR SERVICES IS AT YOUR SOLE RISK. THIS INCLUDES ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE.
B. Limitation of Liability. IN NO EVENT SHALL PHOTOFRAM.ES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOTOFRAM.ES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOFRAM.ES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE WE COLLECT FROM YOU, IF ANY. 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 THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
A. Suggestions and Feedback. We welcome feedback or inquiries about our services. However, if you elect to provide any feedback or comments of any nature to us, all of such feedback and comments shall be our sole and exclusive property and we will have the right to use such feedback in any manner and for any purpose at our discretion without remuneration, compensation or attribution to you, provided that we are under no obligation to use such feedback.
B. Right to Assign. This Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, and any purported assignment shall be null and void, but may be assigned or delegated by us, in whole or in part, without restriction.
C. No Agency. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
D. Interpretation and Entire Agreement. This Terms of Service, together with our Privacy Policy, form the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Terms of Service. If any provision of this Terms of Service shall be unlawful, void, or for any reason unenforceable, the other provisions of this Terms of Service shall be unimpaired and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
G. Contact Us. If you have any questions, comments or concerns about this Terms of Service, our Website, our mobile applications and/or our Services you may contact us at support@photofram.es