Terms

You are about to read a bunch of legal words that is basically asking you to do the right thing! If we all did the right thing there would be no reason for the following terms. If you are going to do the right thing you can probably stop here. If not, please read!

This Terms of Use Agreement constitutes a binding agreement between you, the user and us, Phototwine. Regarding use of Phototwine.com, and or any of our social networking sites. By using or accessing the Websites or Products, you agree to be bound by this Agreement.

If you do not agree to the terms of this Agreement, please do not use the Website or Products, as applicable.

In order to access some features of the Website or Products, you will have to create an account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We reserve the right to terminate your access to all or part of the Website at any time in our sole discretion and without prior notice.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs that access the Websites in a manner that sends more request messages to the Websites' servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

You grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to use, in any manner whatsoever, all or any portion of your User Content in connection with the Websites and our Products. You represent and warrant that you have the right to grant the license of your User Submissions granted in this Agreement. You are still the owner of your User Submissions and are still free to use them in any manner you choose.

We have no obligation to monitor or enforce any intellectual property rights that may be associated with our User Submissions, however, you grant us the right to enforce such rights through any means we see fit, including bringing and controlling actions on your behalf. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. As such, your sole recourse for any damage you may suffer as a result of User Submissions shall be to pursue the originator of such User Submissions.

We have no obligation to accept, display, review, monitor, or maintain any User Submissions. We reserve the right to delete User Submissions from the Website without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit the Website and that the Website may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

You agree to adhere to generally accepted rules of etiquette and standards of behavior. The following rules of conduct apply to your use of the Websites and to any of your User Submissions. You may not, in connection with the Websites Upload, post, email or otherwise transmit any User Submission that:

  1. is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  2. infringes or violates any patent, copyright, trademark, trade secret or other property right;
  3. breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  5. constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
  6. violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  7. promotes software or services that deliver unsolicited e-mail;
  8. contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
  9. provides any telephone numbers, street addresses, last names, URLs or email address;
  10. engages in commercial activities;
  11. harms minors in any way;
  12. solicits personal information from anyone under 18;
  13. provides false or deceptive information;
  14. deletes, adds or otherwise changes other people's entries or other Content when you have not been granted the privileges to do so; or
  15. allows usage by others in such a way as to violate this Agreement.

YOU USE THE WEBSITE AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM YOUR USE OF THE WEBSITE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.