dotPhoto's services are made available to its
members on certain terms and conditions. The following are the current Terms of
Service which are applicable to all dotPhoto members. dotPhoto reserves the
right to amend these Terms of Service from time to time. Your continued use of
dotPhoto's services after the posting of changes to the Terms of Service
constitutes your acceptance of those changes.
dotPhoto provides to its subscribers a variety of on-line services, including
digital photo storage and printing, voice annotation, slide show presentations
and image manipulation (the "Service"). Any additions to or enhancements of the
Service, including the release of new dotPhoto features, shall be subject to
these Terms of Service. To use the Service, you must have access to the World
Wide Web and pay any service fees associated with such access and provide all
equipment necessary to connect to the World Wide Web, including a computer and
modem or other access device.
You agree that all materials which are transmitted by you are your
sole and exclusive responsibility. You agree that you will not use the Service
to upload, post or otherwise transmit any content that is:
unlawful,
harmful, threatening, profane, abusive, harassing, tortious, defamatory, vulgar,
obscene, or pornographic, or which may give rise to civil or criminal liability
under applicable law;
libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
harmful to minors in any
way; or
violative of any copyright or other proprietary rights of another.
dotPhoto does not intend to pre-screen content uploaded or stored by its
members, and is not responsible for such content, dotPhoto reserves the right to
edit or remove content which violates any of the foregoing provisions. If you
desire to share legal "adult" content, dotPhoto recommends the use of
appropriate warning labels when such material is being shared. dotPhoto reserves
the right to establish general practices and limitations on use of the Service.
Any content which you transfer to the Service will be stored on a secure server located
within the United States of America. Your account will also be protected by a
password selected by you. You may share images only with those to whom you haven
given access to your dotPhoto account. You are solely responsible for the
dissemination of your password and other security information relating to your
account, and are fully responsible for all activities which occur under your
password or account. dotPhoto strongly recommends that you only disseminate this
information to individuals who you know and trust. For more information
regarding the security of your content, please see go to our Security Policy.
If you share access to your content with any other
person, dotPhoto shall have permission to send prints to such person.
You must be at least thirteen (13) years of age
to be a dotPhoto member. In addition, you must possess a valid credit card. If
you are under the age of eighteen (18), the credit card must belong to your
parent or legal guardian. Unless you have registered as a Professional Member,
you may use the service only for personal, non-commercial purposes.
When you subscribe to the Service, it is necessary for you to provide us with
certain personal information, such as your name, e-mail address and mailing
address. We protect and use this information as set forth in our Privacy Policy.
As disclosed in dotPhoto's privacy policy, we may
disclose to third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information will NOT
include personally identifying information, except as specifically authorized by
you or in the good faith belief that such action is reasonably necessary to
comply with the law, legal process, to enforce the TOS, or under any of the
other circumstances set forth in our privacy policy, as may be amended from time
to time.
dotPhoto may provide links to other
sites on the Internet which may be of interest to you. dotPhoto does not control
the content which may be on or available through these sites, and assumes no
liability relating to such sites. The presence of such a link does not imply
endorsement of those sites or association of those sites with dotPhoto. It is up
to each member to become familiar with these sites and their privacy and
security policies.
Under certain
circumstances, dotPhoto may make available to its members software products and
other goods and services that have been developed by others. As a condition to
using those products, the dotPhoto member must agree to be bound by the terms
and conditions imposed by the producer of the software, goods and services,
including license and warranty terms and conditions. Such agreements will be
between the you and the software producer. dotPhoto DOES NOT GUARANTEE OR
WARRANT THE PERFORMANCE OF ANY SUCH SOFTWARE PRODUCT, GOODS OR SERVICES OBTAINED
OR ADVERTISED THROUGH dotPhoto OR ON THE dotPhoto SITE, OR THAT ANY SOFTWARE
PRODUCT WILL BE FREE FROM CONTAMINATING OR DESTRUCTIVE CODE, SUCH AS VIRUSES,
WORMS OR TROJAN HORSES.
You agree to defend, indemnify, and
hold harmless dotPhoto and its subsidiary and other affiliated companies, and
their employees, officers, directors, contractors, agents, licensors and
suppliers, from all liabilities, losses, damages, claims, costs and expenses,
including reasonable attorney's fees, that arise from (i) use or misuse of the
Service or any person to whom you have granted access to the Service, (ii) your
violation of any of these Terms of Service, or (iii) any other activity related
to your account (including negligent or wrongful conduct). dotPhoto reserves the
right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to defense by you, in which event you will cooperate
with dotPhoto and its counsel in the conduct of such defense.
THE SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION,
SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH dotPhoto ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED
BY LAW, dotPhoto EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING
THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. dotPhoto, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR
THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL dotPhoto, ITS SUBSIDIARIES
AND AFFILIATED COMPANIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF dotPhoto HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, dotPhoto'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
dotPhoto, in its sole discretion, may terminate your
password and use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, expiration of the terms
of your dotPhoto subscription, lack of use of the Service for a specified
period, or if dotPhoto believes that you have violated or acted inconsistently
with the letter or spirit of these Terms of Service. You agree that any
termination of your access to the Service under any provision of these Terms of
Service may be effected ten (10) days after dotPhoto sends you and e-mail
notification regarding its intent to discontinue the Service to you. Upon the
expiration of the ten (10) day period, dotPhoto may deactivate or delete your
account and all related information and files and/or bar any further access to
such files or the Service. You agree that dotPhoto shall not be liable to you or
any third-party for any termination of your access to the Service.
These Terms of Service shall be governed by and construed in
accordance with the laws of the State of New Jersey, without regard to its
conflicts of law rules. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms of Service or your
use of the Service shall be filed only in the state or federal courts located in
the State of New Jersey, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such
claim or action. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
dotPhoto makes no representation that the Service will be available or
appropriate for use in locations outside of the United States. Those who choose
to access the Service from locations outside the United States do so at their
own risk and are responsible for compliance with local laws and regulations.
dotPhoto members are responsible for compliance with all United States export
laws and regulations when the member exports any materials provided through the
Service.
Unless otherwise specified herein,
this agreement constitutes the entire agreement between you and dotPhoto with
respect to the Service and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic) between you
and dotPhoto with regard to the Service. If any part of these Terms of Service
is held invalid or unenforceable, that portion shall be deemed to be substituted
with a valid, enforceable provision which most closely reflects the original
intent of the parties, and the remaining portions shall remain in full force and
effect.
How to Order
Cart
