Please Read This .Terms of Use Agreement. Before Accessing Our Website.
Welcome to Photofun. We want to offer you the best possible photo-sharing website and to offer the very best photo products, therefore you will find most of www.photofun.com is all about how to store and re-use your digital photos and media for your own use. However, for the protection of our partners, suppliers, you and Photofun, the Terms of Use of www.photofun.com are very important.
Photofun, Inc., the owner and operator of photofun.com, and its affiliates and suppliers (collectively "Photofun") provide their photo/media hosting and related services (the "Services") to you subject to the following conditions. If you visit or purchase at www.photofun.com, you accept these terms and conditions.
Effective Date: This Terms of Use Agreement was last updated on January 22, 2009.
This Terms of Use Agreement sets forth the standards of use of the Photofun Online Service for Registered Members. By using www.photofun.com (the .website.) you (the .Member.) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.photofun.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Photofun is providing Member with Photographic Storage/Sharing/Products. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member.s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Photofun. Inc on an .as is. and on an .as available. basis. To the fullest extent permitted by applicable law, Photofun makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Photofun shall have no liability for any interruptions in the use of this Website. Photofun disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Contacting you.
Communicating with our members is a vitally important part of our business, as we need to send members email communications. This will occur when members sign up to join our service, when members change email addresses or password information and when members place orders. Photofun also needs to communicate to members on a regular basis via email or regular mail about Photofun products and services, Photofun promotions, Photofun competitions and Photofun customer surveys; therefore, when a member signs up and uses our service the member is accepting to receive such communications. Only Photofun will send the member these types of communications. Photofun does not share member information with third party advertisers or let third party advertisers send email or regular mail to members. See our privacy policy for more information.
4. Limitation of Liability
PHOTOFUN SHALL NOT be liable for any damages whatsoever, and in particular Photofun shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Photofun has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
5. Indemnification
Member agrees to indemnify and hold Photofun, its parents, subsidiaries, Partners, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys. fees and costs, made by any third party due to or arising out of Member.s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member.s computer, of any intellectual property or any other right of any person or entity.
6. Ownership of Photos/Media
Photofun does not claim any ownership in the photographs, or other media created or uploaded by Subscribers ("Media"). Photofun will not resell photos/Media to third parties, or use your photos/Media for any other commercial purpose without your written agreement. You do, however, understand and agree that, in order to help ensure smooth operation of our system & services that we may (but are not obliged to) keep backup copies of Content indefinitely.
You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that the Content you post is not an infringement on any third party.s intellectual property rights; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; that the Content you post is not, in any way, unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable; and that you will indemnify Photofun for all claims resulting from Content you supply.
Photofun has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that Photofun takes no responsibility and assumes no liability for any Content posted by you or any third party.
7. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized.
Member agrees to notify Photofun of any unauthorized use of Member.s account or any other breach of security known or should be known to the Member. Member.s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Photofun.
8. Modifications and Interruption to Service
Photofun reserves the right to modify or discontinue the Service with or without notice to the Member. Photofun shall not be liable to Member or any third party should Photofun exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Photofun does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties. sites.
10. Governing Jurisdiction of the Courts of Texas, USA
Our website is operated and provided in the State of Texas, USA. As such, we are subject to the laws of the State Texas, USA, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas, USA.
11. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Photofun.com, with all rights reserved, or is the property of Photofun and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Photofun is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Photofun.
All software used on this site or in conjunction with the Services is the property of Photofun or its software suppliers and is protected by United States and international copyright laws.
Photofun. and Photofun.com. are proprietary marks of Photofun. Photofun.s trademarks may not be used in connection with any product or service that is not provided by Photofun, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Photofun.
All other trademarks displayed on Photofun.s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Photofun.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Photofun.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
If you have any complaints or issues about possible copyright infringement please contact us. Please include a reference to the materials in question.
By Mail:
Photofun, Inc,
Attention Customer Service.
7616 LBJ Freeway, Suite 540,
Dallas TX 75251 USA
By Email:
info@photofun.com
14. Botnets
Photofun retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Photofun reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Privacy
Photofun has an established a Privacy Policy to explain to you how your information is collected and used. Your use of the Photofun website or the Services signifies acknowledgement of and agreement to our Privacy Policy.
All users should understand and agree that Photofun. stores and processes your information on computers located in the United States of America and in the Netherlands, EU and by providing any data to Photofun, you consent to the transfer of such information to and from the United States and the Nertherlands.
You acknowledge and agree that Photofun may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Photofun., its employees, users and third parties, and the public.
16. Electronic Communications
When you visit Photofun, or send e-mails to us, you are communicating with us electronically. 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 site. 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.
17. Parental Control Protections
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The following vendors provide such protections: Net Nanny (http://www.netnanny.com); WebWatcher (http://webwatcherkids.com); Sentry Parental Controls (http://sentryparentalcontrols.com). Photofun does not endorse any products or services available through the referenced vendors.
18. Reviews, comments, communications and other content
Use of the Services on our website www.photofun.com by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Photofun reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
19. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Photofun, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Statement.
