Last updated 07/13/15
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE.
These Terms of Service govern the products and services made available to you by Photopog, LLC. (“Photopog”, “we”, “us” or “our”). By accessing or using this website, mobile application or other Photopog product or service (collectively, the “Site”), including on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms of Service and any other applicable law. If you order any product or service provided through the Site, then fulfillment of your order is expressly conditioned upon your assent to these Terms of Service. We may change these Terms of Service at any time without notice, effective upon its posting to the Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site.
All intellectual property and content on the Site (except for User Content, defined below) is owned by Photopog, or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, logos, service marks and trade names (e.g. Photopog) are owned, registered and/or licensed by Photopog. All content on the Site (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Site Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Photopog, all rights reserved. Nothing in these Terms of Service shall be interpreted as granting any license of intellectual property rights to you.
Site Use Restrictions
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your User Content and your activities on the Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. You also agree to the following:
- Except for you creating, buying and selling bands or other Photopog products, you may not use the Site Content for commercial purposes.
- You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
- You will not modify, copy, translate, create derivative works from, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, sell or otherwise use any Site Content or User Content, without our prior written consent, unless it is your own User Content that you legally post on the Site.
- You will not use any data mining, robots, scraping or similar data gathering methods.
- You will not take any action or use the Site in a way that violates any law, would create liability or promotes illegal activities.
- You will not take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any software or hardware, telecommunications equipment or the site, including posting viruses, programs or other code.
- You will not circumvent or modify any Site security technology or software.
- You will not collect or solicit personal information from other Site users or send unsolicited communications.
- You will not use automated scripts to collect information from, or otherwise interact with, the Site.
- You will not impersonate any person or entity or misrepresent yourself, your age or your affiliation with any person or entity.
- You will not attempt to use another user’s account, username or password.
- You will not “stalk,” intimidate, abuse, harm or harass another Site user or person.
- You will provide complete and accurate information and keep your account information up-to-date.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
“User Content” is data, code, files, videos, photos, messages, comments, information, materials, links, designs, graphics, and any other content that you and/or other Site users post or upload on or through the Site, except to the extent that the content is owned by us. We have no obligation to backup User Content and you should take appropriate steps to maintain your User Content.
Rules for User Content
You are solely responsible for your User Content and your activity on the Site. You represent and warrant that you own or control all rights in any User Content that you post to the Site.
Do not post User Content that:
- Is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion.
- Violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets.
- Violates or infringes anyone’s privacy or publicity rights.
- Is private information of anyone else, without their consent.
- Is advertising.
- Is not owned by you, unless you have permission from the owner to grant us all of the license rights granted in these Terms of Service.
- Involves the transmission of “junk mail”, unsolicited mass mailings or “spam”.
- Falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content.
User Content is Not Prescreened
We do not prescreen User Content and cannot guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no obligation to you or any third party, and shall have no liability relating to any User Content or activities of users on the Site. Even in the event we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove, such User Content.
Our Rights to Your User Content
Your User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual right to use your User Content in any manner or media now or later developed, for all purposes, including the right to reproduce, distribute, transmit, perform, display, create derivative works from, translate, modify, assign, sell, offer to sell, export and commercialize without any payment due to you. If you do not want to grant this license, do not post User Content.
To become a member of the Site, or post User Content, you may be required to register for an account or to register for an account on another platform (e.g. Facebook). You agree to provide accurate and current information about yourself in all registration forms used in conjunction with the Site. This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Service for anyone under 13 to use the Site. You represent and warrant that you are 13 or older. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to use the Site and post User Content.
Product Orders: All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a cash or credit card refund.
Electronic Payment Vendors: Some payments may be processed through PayPal or other electronic payment vendors. Your relationship with the electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in such vendor’s agreement and posted on their website.
Returns and Refunds: All sales are final and we do not accept returns. If, however, you have a problem or are unsatisfied with your order in any way, please contact us by filing a support request here: firstname.lastname@example.org.
Shipping: Currently, we ship anywhere in the United States where USPS will ship. Products usually ship within 3-4 days after we receive your order.
By using the Site, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Site may contain services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you agree to update your account information within 48 hours to ensure that we don’t send your messages to a different person.
You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.
In the event that you submit or post any creative suggestions, proposals, or ideas about our Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
We control and operate the Site from our offices in the United States. We do not represent that Site Content or User Content are applicable, appropriate or available for use in locations outside the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk.
Copyright Notice and Takedown
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at:
1027 Waterwood Parkway
Edmond, OK 73034
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
If you believe that material that you posted to the site has been wrongfully removed In response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the Digital Millennium Copyright Act, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Counter Notification. Please note that we are required to send a copy of your Counter Notification to the person who submitted the original Copyright Infringement Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.
To be effective your Counter Notification must be a written communication provided to our designated agent that includes substantially the following information: (1) Your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live (or, if you are located outside of the United States, in the District of Oregon and that you will accept service of process from the person who submitted the Notification (or an agent for that person).
Notifications should be sent to:
1027 Waterwood Parkway
Edmond, OK 73034
The Site, User Content, Site Content, and products sold on or through this Site are provided “AS IS” and without warranties of any kind. You use the Site at your own sole risk. With respect to the Site, User Content, Site Content, and products sold on or through this Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Site Content or User Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site Content and User Content at your own risk, and that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Site Content, User Content and other items used or contained in the Site at any time without notice.
Limitation of Liability
Photopog shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site; (ii) the Site Content, User Content or the conduct of other Site users or third parties; (ii) the performance of the products purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data or User Content; (vi) termination or downgrading of your account or (vii) any other matter relating to the Site or any other of our other products or services. Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to the Terms of Service, use of the Site, Site Content or User Content is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall not exceed US$100.00. Our liability shall never be in excess of the amounts paid to us by you for products. Applicable law may not allow the limitation or exclusion of liability, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Photopog, LLC., its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees), damages, judgments, claims, of every kind and nature, arising from or relating in any way to your use of the Site, your conduct in connection with the Site or your violation of these Terms of Service, any law or the rights of any third party.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your User Content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site.
You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, in our products and services, or on other platforms (e.g., Facebook), may continue to appear on the Site or on other products, services or platforms even after your User Content is removed or your account is terminated.
These Terms of Service remain in effect even after your account is terminated. The Terms of Service relating to Intellectual Property, Our Rights To Your User Content, Indemnification, User Interactions, Warranty Disclaimer, Limitation of Liability, Miscellaneous and terms that by their nature may survive termination shall survive any termination.
You agree that this Site shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Oregon.
Law and Venue
Limitations on Claims
Any cause of action or claim you may have with respect to the Site (including without limitation the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Service.
We may assign our rights and duties under these Terms of Service to any party at any time without notice to you. You may not sell, assign or otherwise transfer any of your rights or obligations under these Terms of Service to anyone.
If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.