While we strongly encourage you to go through the full Terms of Service below, here are couple highlights in non-lawyer-speak that you might be interested in:
We will vigorously protect your privacy and intellectual property. Your pictures, designs and personal information will always be your property only used by us to provide you this service. Your pictures and designs will never be copied or reused in a manner that violates your privacy or intellectual property.
Your use of our service has to be within the limits of the law. We can take action for anything that violates the law.
TERMS OF SERVICE
Welcome to the website of PhotoOrange (“Site”) to avail the products and services of PhotoOrange (collectively the “PhotoOrange Services”) which is provided by PhotoOrange (“We” or “Us” or “Our”).
You must be legally competent to enter into this Agreement. We do not render any advice, certifications, guarantees or warranties relating to the PhotoOrange Services, We make available on this Site. The use of this Site is governed by these Terms and Conditions (“Agreement”). When you (“You” or “Your”) use this Site, You acknowledge that You have read this Agreement and accept to be bound legally by the terms hereof or such terms as may be modified from time to time. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE PHOTOORANGE SERVICES OR THE SITE. We reserve the right at any time to change all or any part of this Agreement; change the PhotoOrange Service, including by eliminating or discontinuing any Content on or feature of the PhotoOrange Service; and change any fees or charges for use of the PhotoOrange Service. Any changes We make will be effective immediately upon notice, which We may provide by any means including without limitation, posting on the Site or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You are responsible for checking this Agreement periodically for changes. Upon Our request, You agree to sign a non-electronic version of this Agreement.
ABOUT THE PHOTOORANGE SERVICES
PhotoOrange Services include without limitation online albums where You can upload photos; have an album of photos and share the same on the Site with others and post them via e-mail to Your friends or relatives, etc.; order for a print of Your photos/albums. For the purposes of accessing the PhotoOrange Services, PhotoOrange also enables You to download an application called “PhotoOrange Pro Designer” which is a desktop software for designing and ordering the PhotoOrange Services.
You must be above eighteen (18) years of age to utilize PhotoOrange Services and You hereby formally affirm to have completed eighteen (18) years of age at the time use of this Site.
Utilization of PhotoOrange Services available on Our Site requires registration. Registration shall not be available to Users below eighteen (18) years of age. Each registration is for a single individual user only. In order to register, You will need an individual user name or Login ID (“Login ID”) and a password.
You agree to
1. provide true, accurate, current and complete data about Yourself on the Site’s registration form (“Registration Data”);
2. promptly update the Registration Data to keep it true, accurate, current and complete. If You fail to do any of these things, We will have the right to suspend or terminate Your use of PhotoOrange Service and/or terminate Your account. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of Your password and account, and You are solely responsible for all use of Your password or account, whether authorized by You or not;
3. not have a Login ID that is vulgar, attempts to impersonate another person or violates the law or the rights of others. We may reject any Login ID that We determine in our discretion is unacceptable;
4. immediately notify Us of any unauthorized use of Your password or account or any other breach of security;
5. ensure that You exit from Your account each time You finish using PhotoOrange Service.
You acknowledge and agree that access and use of password protected and/or secure areas of PhotoOrange Service are restricted to users who have been given a valid password by Our Site. You agree not to access these areas of the Service without appropriate authorization and acknowledge that in the event You attempt to access/use such restricted areas of the PhotoOrange Services, You may be subject to prosecution.
ACCESS TO SERVICE AND OBLIGATIONS
You may use the PhotoOrange Services for lawful purposes only. You may not submit or transmit through PhotoOrange Services any material, or otherwise engage in any conduct that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including Us and Our employees and agents;
5. attempts to exploit a minor (under the age of 18);
6. requires You to 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, except in those areas (such as shopping) that are designated for such purpose;
7. requires You to 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);
8. requires You to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9. interferes with or disrupt the PhotoOrange Service or damage, disable, overburden, or impair Our servers or network servers or networks connected to PhotoOrange Service, or disobey any requirements, procedures, policies or regulations of networks connected to PhotoOrange Service;
10. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
11. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
12. violates this Agreement, guidelines or any policy posted on the Site; or
13. interferes with the use of PhotoOrange Services by others; and
14. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law.
You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
USE OF PHOTOORANGE PRO DESIGNER AND OTHER SIMILAR APPLICATIONS
The download and use of any part of the PhotoOrange Services (including but not limited to PhotoOrange Pro Designer application or any other similar application) is solely based on your acceptance of PhotoOrange’s Terms of Service as detailed herein.
You may not use any technologies of PhotoOrange to violate the Terms of Service. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution or use of your Content or the PhotoOrange Services.
Any material, contents or information downloaded or otherwise obtained from the PhotoOrange Services (PhotoOrange Pro Designer application or any other similar application) is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You are using the PhotoOrange Services AT YOUR OWN RISK and We are under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the software for using Our Site.
NO RESALE OF PHOTOORANGE SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the PhotoOrange Service (including Your Login ID), use of PhotoOrange Service, or access to PhotoOrange Service.
In its sole and absolute discretion, with or without notice to You, We may (i) suspend or terminate Your use of PhotoOrange Service; or (2) terminate Your account.
You may terminate Your account for any reason by emailing Us at prior to such termination.
You may terminate Your account for any reason by emailing Us at prior to such termination.
You are responsible for all costs in obtaining the equipment and internet connections that You will need to access Our Site. You are responsible for checking with Your internet access provider (including Your telecom operator if You access Our Site using wireless applications) to determine all costs that You may incur in accessing the internet and PhotoOrange Services.
FEES AND PAYMENT
We may offer premium services and content through PhotoOrange Services for a fee. Payment and other applicable purchase terms will be disclosed to You at the time You sign up for any fee-based service and You will be subject to those additional terms that shall supplement this Agreement.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PHOTOORANGE SERVICE
“Publicly accessible” areas of the PhotoOrange Service are those areas of the Site that are intended to be available to the general public. By way of example, publicly accessible areas of the Service would include “PhotoOrange Photos” and “PhotoOrange Albums” that are open to both members and visitors. However, publicly accessible areas of the PhotoOrange Service would not include portions of Our Site that are limited to members, or areas off Our network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Us.
We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on PhotoOrange Service by third parties, whether such third parties are users of the PhotoOrange Service or others. The opinions expressed reflect solely the opinions of the participants and may not reflect Our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will We or Our affiliates, suppliers or agents be liable for any loss or damage caused by Your reliance on such information obtained through the Service. We may, but have no obligation to, monitor any materials displayed, transmitted or otherwise made available on or through PhotoOrange Services.
We respect the intellectual property of others, and We ask You to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, We may, in Our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, We do not ensure that any such Content will be edited or removed. However We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.
You acknowledge and agree that PhotoOrange Service and any necessary software used in connection with the PhotoOrange Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through PhotoOrange Service 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 authorized by Us or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on PhotoOrange Service or such software used by Us, in whole or in part.
We grant You a personal, non-transferable and non-exclusive right and license to use the object code of Our software on a single computer; provided that You do not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our software. You agree not to modify Our software in any manner or form, or to use modified versions of Our software, including (without limitation) for the purpose of obtaining unauthorized access to PhotoOrange Service. You agree not to access PhotoOrange Service by any means other than through the interface that is provided by Us for use in accessing PhotoOrange Service.
We own all right, title and interest in and to PhotoOrange Service and all materials and content contained in PhotoOrange Service, including, without limitation, all content, Site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of PhotoOrange Service is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other PhotoOrange Service solely for personal use. Any other use of materials on the Site or other PhotoOrange Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Our authorized officer, is strictly prohibited. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages or the Content contained therein without prior written permission of Our authorized officer.
DISCLAIMER OF WARRANTIES
We provide the services “AS IS”, “with all faults” and “as available.” We and Our suppliers make no express warranties or guarantees about PhotoOrange Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT PHOTOORANGE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE MAKE NO WARRANTY THAT (i) PHOTOORANGE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PHOTOORANGE SERVICES WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PHOTOORANGE SERVICES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM PHOTOORANGE SERVICES IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. We are not liable on the authenticity of such material. Without limiting the foregoing, under no circumstances shall We be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat ,light ,or air conditioning. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that any material on PhotoOrange Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access PhotoOrange Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
EXCLUSION OF DAMAGES
Neither We nor Our subsidiaries or Our licensors will be liable to You or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from Your use of or inability to use PhotoOrange Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if We have advised of the possibility of such damage. Without limiting the foregoing, We will not be liable for any loss or damage arising out of (1) Your failure to comply with Our terms set forth herein regarding registration (2) Content posted to PhotoOrange Service by You or any third party.
LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SITE. IN NO EVENT SHALL WE , OUR PARENT’S AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF PHOTOORANGE SERVICES EXCEED THE TOTAL AMOUNT OF PHOTOORANGE SERVICE FEES THAT YOU PAID DURING ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. NEITHER WILL WE NOR OUR PARENT OR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF PHOTOORANGE SERVICES OR INABILITY TO USE PHOTOORANGE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY (AND THE LIABILITY OF OUR PARENT AND SUPPLIERS) IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Any delays in or failure of performance by either party under this Agreement shall not constitute default hereunder if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of the party effected, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties.
THIRD-PARTY WEB SITES
The third-party web sites linked to or from PhotoOrange Service are not controlled by Us. Accordingly, We make no warranties or conditions regarding such third-party web sites and will not be liable for any loss or damage caused by Your use of or reliance on such web sites. Your use of third-party web sites is at Your own risk. The inclusion on the Service of a link to a third-party web site does not imply an endorsement by Us.
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees, harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs) and liabilities arising from any third party claim resulting from the use or misuse of PhotoOrange Services or for harm suffered directly or indirectly by Us as a result of Your breach or non-compliance of obligations under this Agreement.
2. Entire agreement.Â This Agreement and any policies posted on Our Site constitute the entire agreement between You and Us regarding the subject matter of this Agreement and supersede all previous written or oral agreements.
3. Governing Law.Â All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, India and shall be governed by and construed in accordance with the laws of India and You agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Bangalore.
4. Invalidity; assignment If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. We may assign this Agreement at any time; You may not assign this Agreement to any one else without Our express written permission.
5. Right of Survivorship and Non-Transferability. You agree that Your account is non-transferable and any rights to Your account or Contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all Contents therein permanently deleted.
6. Miscellaneous The Agreement is being executed in English language and all modifications or changes shall be made in the same language.
7. Relationship. This Agreement does not constitute any joint venture, partnership, employment or agency relationship between You and Us.
8. Waiver It is expressly understood that if either party on any occasion fails to perform any term of this Agreement and the other party does not enforce that term, the failure to enforce on that occasion shall not prevent enforcement on any other occasion.