Terms of Use
1. PhotoCropYourFriendsWebsite
A. These Terms of Service apply to any and all users of the
PhotoCropYourFriends Website, including users who are also contributors of
media content, information, and other materials or services on the Website. The
PhotoCropYourFriends Website includes all aspects of PhotoCropYourFriends,
including but not limited to all products, services offered via the website
such as the “Request a Photo Crop service of submitted media.”
B. The PhotoCropYourFriendsWebsite may contain links to third
party websites that are not owned or controlled by PhotoCropYourFriends.
PhotoCropYourFriends has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party websites. In addition,
PhotoCropYourFriends will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve
PhotoCropYourFriends from any and all liability arising from your use of any
third-party website.
C. Accordingly, we encourage you to be aware when you leave the
PhotoCropYourFriends Website and to read the terms and conditions and privacy
policy of each other website that you visit.
2. Acceptance of Users
A. By using and/or visiting this website (collectively, including
all content and functionality available through the PhotoCropYourFriends.com
domain name, the "PhotoCropYourFriends Website", or
"Website"), you signify your agreement to (1) these terms and
conditions (the "Terms of Service"), (2) PhotoCropYourFriends's
privacy notice, found at http://www.PhotoCropYourFriends.com/privacy.php
and incorporated here by reference, and (3) PhotoCropYourFriends's Community
Guidelines, found at http://www.PhotoCropYourFriends.com/community.php
and also incorporated here by reference. If you do not agree to any of these
terms, the PhotoCropYourFriends privacy notice, or the Community Guidelines,
please do not use the PhotoCropYourFriends Website.
B. Although we may attempt to notify you when major changes are
made to these Terms of Service, you should periodically review the most
up-to-date version (http://www.PhotoCropYourFriends.com/terms.php).
PhotoCropYourFriends may, in its sole discretion, modify or revise these Terms
of Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.
3. User Accounts
A. In order to access some features of the Website and submit
media to the Website, you will have to create a PhotoCropYourFriends account.
You may never use another's account without permission. When creating your
account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep
your account password secure. You must notify PhotoCropYourFriends immediately
of any breach of security or unauthorized use of your account.
B. Although PhotoCropYourFriends will not be liable for your
losses caused by any unauthorized use of your account, you may be liable for
the losses of PhotoCropYourFriends or others due to such unauthorized use.
4. General Use of the Website—Permissions and
Restrictions
PhotoCropYourFriends hereby grants you permission to access and
use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the
Website, including but not limited to User Submissions (defined below), without
PhotoCropYourFriends's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or
PhotoCropYourFriends Content through any technology or means other than the
media viewer pages of the Website itself.
D. You agree not to use the Website, including any of
PhotoCropYourFriends media for any commercial use, without the prior written
authorization of PhotoCropYourFriends. Prohibited commercial uses include any
of the following actions taken without PhotoCropYourFriends's express approval:
* Sale
of access to the Website or its related services (such as the
PhotoCropYourFriends Service) on another website;
* Use of
the Website or its related services (such as the PhotoCropYourFriends Service),
for the primary purpose of gaining advertising or subscription revenue;
* The
sale of advertising, on the PhotoCropYourFriends website or any third-party
website, targeted to the content of specific User Submissions or
PhotoCropYourFriends content;
* And
any use of the Website or its related services (such as the PhotoCropYourFriends
Service) that PhotoCropYourFriends finds, in its sole discretion, to use
PhotoCropYourFriends's resources or User Submissions with the effect of
competing with or displacing the market for PhotoCropYourFriends,
PhotoCropYourFriends content, or its User Submissions.
E. Prohibited commercial uses do not include:
*
uploading an original photo to PhotoCropYourFriends, to promote your business
or artistic enterprise;
* using
the PhotoCropYourFriends Service to show PhotoCropYourFriends photos on an ad-enabled
blog or website, provided the primary purpose of using the Photo Crop Service
is not competing with PhotoCropYourFriends;
* any
use that PhotoCropYourFriends expressly authorizes in writing.
F. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline
readers," that accesses the Website in a manner that sends more request
messages to the PhotoCropYourFriends 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. Notwithstanding the foregoing, PhotoCropYourFriends grants the
operators of public search engines permission to use spiders to copy materials
from the site for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not caches
or archives of such materials. PhotoCropYourFriends reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website (e.g. comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
G. In your use of the website, you will otherwise comply with the
terms and conditions of these Terms of Service, all applicable local, national,
and international laws and regulations.
H. PhotoCropYourFriends reserves the right to discontinue any
aspect of the PhotoCropYourFriends Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of content on the
PhotoCropYourFriends Website.
A. The content on the PhotoCropYourFriends Website, except all
User Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, pictures, interactive
features and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed to
PhotoCropYourFriends, subject to copyright and other intellectual property rights
under the law. Content on the Website is provided to you AS IS for your
information and personal use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. PhotoCropYourFriends reserves all rights not
expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for
your information and personal use;
* and as
intended through the normal functionality of the PhotoCropYourFriends Service
C. User Comments are made available to you for your information
and personal use solely as intended through the normal functionality of the PhotoCropYourFriends
Service. User Comments are made available "as is", and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, downloaded, or otherwise exploited in any manner not intended by the
normal functionality of the PhotoCropYourFriends Service or otherwise as
prohibited under this Agreement.
D. You may access PhotoCropYourFriends Content, User Submissions
and other content only as permitted under this Agreement. PhotoCropYourFriends
reserves all rights not expressly granted in and to the PhotoCropYourFriends
Content and the PhotoCropYourFriends Service.
E. You agree to not engage in the use, copying, or distribution of
any of the Content other than expressly permitted herein, including any use,
copying, or distribution of User Submissions of third parties obtained through
the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere
with security-related features of the PhotoCropYourFriends Website or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the PhotoCropYourFriends Website or the Content therein.
G. You understand that when using the PhotoCropYourFriends
Website, you will be exposed to User Submissions from a variety of sources, and
that PhotoCropYourFriends is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against PhotoCropYourFriends with respect
thereto, and agree to indemnify and hold PhotoCropYourFriends, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a PhotoCropYourFriends account holder you may submit Picture
content ("User Pictures") and textual content ("User
Comments"). User Pictures and User Comments are collectively referred to
as "User Submissions." You understand that whether or not such User
Submissions are published, PhotoCropYourFriends does not guarantee any
confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or have the
necessary licenses, rights, consents, and permissions to use and authorize
PhotoCropYourFriends to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your
User Submissions. However, by submitting User Submissions to
PhotoCropYourFriends, you hereby grant PhotoCropYourFriends a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and perform the
User Submissions in connection with the PhotoCropYourFriends Website and
PhotoCropYourFriends's (and its successors' and affiliates') business,
including without limitation for promoting and redistributing part or all of
the PhotoCropYourFriends Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the
PhotoCropYourFriends Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, display and
perform such User Submissions as permitted through the functionality of the
Website and under these Terms of Service. The above licenses granted by you in
User Pictures terminate within a commercially reasonable time after you remove
or delete your User Pictures from the PhotoCropYourFriends Service. You
understand and agree, however, that PhotoCropYourFriends may retain, but not
display, distribute, or perform, server copies of User Submissions that have
been removed or deleted. The above licenses granted by you in User Comments are
perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you
will not submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant
PhotoCropYourFriends all of the license rights granted herein.
E. You further agree that you will not, in connection with User
Submissions, submit material that is contrary to the PhotoCropYourFriends
Community Guidelines, found at http://www.PhotoCropYourFriends.com/community.php,
which may be updated from time to time, or contrary to applicable local,
national, and international laws and regulations.
F. PhotoCropYourFriends does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and PhotoCropYourFriends
expressly disclaims any and all liability in connection with User Submissions.
PhotoCropYourFriends does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
PhotoCropYourFriends will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. PhotoCropYourFriends reserves the right to remove
Content and User Submissions without prior notice.
7. Account Termination Policy
A. PhotoCropYourFriends will terminate a User's access to its
Website if, under appropriate circumstances, they are determined to be a repeat
infringer.
B. PhotoCropYourFriends reserves the right to decide whether
Content or a User Submission is appropriate and complies with these Terms of
Service for violations other than copyright infringement, such as, but not
limited to, pornography, obscene material, or excessive file size.
PhotoCropYourFriends may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Service at
any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe
that any User Submission or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
*
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
*
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
*
Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
* A
statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and
* A
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
PhotoCropYourFriends's designated Copyright Agent to receive
notifications of claimed infringement is: John Aguilar, 7831 Grant Avenue,
Pennsauken, NJ email: copyright@PhotoCropYourFriends.com. For clarity, only
DMCA notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to
PhotoCropYourFriends customer service through http://www.PhotoCropYourFriends.com/contact.php
You acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that
was removed (or to which access was disabled) is not infringing, or that you
have the authorization from the copyright owner, the copyright owner's agent,
or pursuant to the law, to post and use the content in your User Submission,
you may send a counter-notice containing the following information to the
Copyright Agent:
* Your
physical or electronic signature;
*
Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed
or disabled;
* A
statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
* Your
name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Francisco, California,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent,
PhotoCropYourFriends may send a copy of the counter-notice to the original complaining
party informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an action
seeking a court order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at PhotoCropYourFriends's sole
discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PHOTOCROPYOURFRIENDS WEBSITE SHALL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
PHOTOCROPYOURFRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. PHOTOCROPYOURFRIENDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE 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
WEBSITE, (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 WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE PHOTOCROPYOURFRIENDS WEBSITE. PHOTOCROPYOURFRIENDS DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHOTOCROPYOURFRIENDS WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
PHOTOCROPYOURFRIENDS 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.
10. Limitation of Liability
IN NO EVENT SHALL PHOTOCROPYOURFRIENDS, 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
WEBSITE, (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 WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE PHOTOCROPYOURFRIENDS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOCROPYOURFRIENDS SHALL NOT
BE LIABLE FOR USER SUBMISSIONS 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.
The Website is controlled and offered by PhotoCropYourFriends from
its facilities in the United States of America. PhotoCropYourFriends makes no
representations that the PhotoCropYourFriends Website is appropriate or
available for use in other locations. Those who access or use the PhotoCropYourFriends
Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless
PhotoCropYourFriends, its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and access to the
PhotoCropYourFriends Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the PhotoCropYourFriends Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the PhotoCropYourFriends Website
is not intended for children under 13. If you are under 13 years of age, then
please do not use the PhotoCropYourFriends Website.
13. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by
PhotoCropYourFriends without restriction.
14. General
You agree that: (i) the PhotoCropYourFriends Website shall be deemed
solely based in New Jersey; and (ii) the PhotoCropYourFriends Website shall be
deemed a passive website that does not give rise to personal jurisdiction over
PhotoCropYourFriends, either specific or general, in jurisdictions other than New
Jersey. These Terms of Service shall be governed by the internal substantive
laws of the State of New Jersey, without respect to its conflict of laws
principles. Any claim or dispute between you and PhotoCropYourFriends that
arises in whole or in part from the PhotoCropYourFriends Website shall be
decided exclusively by a court of competent jurisdiction located in New Jersey.
These Terms of Service, together with the Privacy Notice at http://www.PhotoCropYourFriends.com/privacy.php
and any other legal notices published by PhotoCropYourFriends on the Website,
shall constitute the entire agreement between you and PhotoCropYourFriends
concerning the PhotoCropYourFriends Website. If any provision of these Terms of
Service is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
these Terms of Service, which shall remain in full force and effect. No waiver
of any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and PhotoCropYourFriends's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. PhotoCropYourFriends reserves
the right to amend these Terms of Service at any time and without notice, and
it is your responsibility to review these Terms of Service for any changes.
Your use of the PhotoCropYourFriends Website following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND PHOTOCROPYOURFRIENDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE PHOTOCROPYOURFRIENDS WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
