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Terms of Use

By using the posting and sharing services provided via the website located at http://www.gophoto.com and any pages within the gophoto.com domain (the “Site”) , which services include without limitation any APIs and are collectively referred to as the "Services", you the user (“You” or “Member”) agree to be bound by these Terms of Service and by the Privacy Policy of GoPhoto LLC (“GoPhoto”), which are collectively referred to as the "Agreement." Please read the terms of this Agreement carefully. If You do not agree to the terms of this Agreement, then You may not use or access the Site or any of the Services.

GoPhoto may, modify this Agreement at any time in its sole discretion, and may modify, suspend, or terminate the Site and Services, for any reason, and without notice. GoPhoto recommends that You review these terms from time to time to note any changes. This Agreement, as modified by GoPhoto from time to time, will govern all use of the Site and Services. By continuing to use or access the Site or any of the Services, You agree to be bound by the terms of the Agreement that are in effect at the time of such use or access. Note that any violation of this Agreement may result in termination of the Service to You. If You have questions about the Agreement, please contact us at info@GoPhoto.com



RESTRICTIONS, CONTENT and MEMBER CONDUCT

You acknowledge and agree that all photographic prints, albums of photographic prints, slides, film, negatives and resulting digital images (collectively “Content”) submitted by You to the Service and/or created for You by the Service are your sole responsibility. When submitting Content to GoPhoto, You are representing and warranting your ownership of the Content or possession of written permission from the copyright owner to make such Content available to GoPhoto to perform the Service and its obligations under these Terms.

You will not do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit: (i) any Content that You do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that You might have with respect to the Content); (ii) any Content for which You do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
c. Use any meta tags or other hidden text or metadata utilizing the GoPhoto name, trademark, URL or product name without GoPhoto's express written consent;
d. Post, upload, email or otherwise transmit, without first obtaining the permission of GoPhoto, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
e. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, is deceptive, threatening, abusive, inciting to unlawful action, defamatory, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of GoPhoto;
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan or test the vulnerability of any GoPhoto system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
k. Collect or store personal data about other users without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
m. Resell the Services, in whole or in part;
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Site or Services in any manner not permitted by this Agreement.

This list of prohibited Content and Member conduct is an example and is not complete or exclusive. GoPhoto does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. However, regardless of whether the Content is public or private, GoPhoto may choose to monitor such Content at any time, in its sole discretion. GoPhoto reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this section or any other part of this Agreement. GoPhoto reserves the right at all times to disclose, in its sole discretion, any Content as necessary to: (i) satisfy any law, regulation, or governmental request; or (ii) reduce or prevent what GoPhoto considers in its sole discretion to bea serious or imminent threat to the health or safety of You or any other person. For information regarding GoPhoto’s handling of your personally identifiable information, refer to the GoPhoto Privacy Policy.



AGE REQUIREMENTS


You must be 18 years or older to become a Member of the Service.



COST OF MEMBERSHIP


There is no cost to become a Member of the Service.



MEMBERSHIP INFORMATION


You agree to provide GoPhoto with true, accurate, current and complete information about yourself when such information is requested by the Service in any form or email. You agree to keep this information up to date at all times.



PRIVACY POLICY AND INFORMATION DISCLOSURES

GoPhoto’s Privacy Policy is located at the URL: http://www.GoPhoto.com/privacy (the “Privacy Policy”). GoPhoto believes strongly in protecting the privacy of Members using the Service. Your use of the Site and/or Service is governed by the Privacy Policy.



INDEMNIFICATIONS

You agree to indemnify and hold GoPhoto and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) GoPhoto or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.



PAYMENTS AND ELECTRONIC COMMUNICATIONS

When placing an order, You are required to provide an estimate of the total number of scans that You will purchase from GoPhoto. Upon receipt and scanning of your photos, GoPhoto will contact you via email to: (i) make available for online preview one or more of the scanned images, and (ii) provide You with the total number of photo scans and an invoice for the total amount due for the scanned images. Upon receipt of payment in full on GoPhoto’s invoice, GoPhoto will make all scanned images available to you. You may instead opt not to pay for the scanned images and for GoPhoto to return the original photos to You at your expense. If payment is not received in full within 14 days after GoPhoto emails its invoice to You, GoPhoto will return your original photos at your expense. All shipping options are at your cost. You are solely responsible for any taxes applying to the Service You receive (other than tax relating to the income of GoPhoto). GoPhoto reserves the right to either suspend or terminate your access to your account and terminate these Terms due to issues arising from inability to process your credit card charges. By using the Service, You consent to receiving electronic communications from GoPhoto. You agree that any notices, agreements, disclosures or other communications that we send You electronically will satisfy any legal communication requirements, including that such communications be in writing.



INACTIVE ACCOUNTS

GoPhoto reserves the right to delete your account if it has been inactive for more than six (6) months. Commercially reasonable efforts will be made to send You an e-mail notice alerting You to the potential deletion of your account from the Site.



EMBEDDED INFORMATION

In order to provide its service, it may be necessary for GoPhoto to embed information into the resulting image files from our scanning processes (“Embedded Information”). You hereby acknowledge that Embedded Information may be used in the future to identify the source and history of an image independent of the Service and that You have been informed that Embedded Information may exist in scans performed by the Service. You hereby acknowledge that You understand that distributing your images can result in the distribution of Embedded Information. You hereby agree to take full responsibility for the distribution of Embedded Information if You distribute your images, either intentionally or unintentionally.



COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS

Unless otherwise specified, all information appearing on the Site including documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property of GoPhoto and protected by its copyright. GoPhoto and the GoPhoto Logo are service marks owned by GoPhoto. All other trademarks, logos and service marks displayed on the Site are the property of their respective owners. GoPhoto provides products, content and services through the Site, including content, trademarks, logos, graphics and images that are not Content and that are the copyrighted work of GoPhoto or GoPhoto’s licensors. You agree that You have no right to copy, reproduce, edit, modify any these materials. You agree that You have no right, title or interest in the Site or any materials provided on the Site. All rights not expressly granted herein are reserved.



THIRD PARTY CONTENT

GoPhoto may allow third parties to offer You products and services, including offers through our Site or via email if You have opted to receive such communications. Your participation in any of these offers is solely between You and the third-party company. GoPhoto disclaims all express, implied and statutory warranties with regard to such third parties’ communications, conduct, products and/or services.



LINKS TO THIRD PARTY SITES

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to GoPhoto for personal use only. A web site that links to GoPhoto: (i) may link to, but not replicate, any portion of the Site; (ii) may not imply that GoPhoto is endorsing such web site or its services or products, unless otherwise expressly agreed by GoPhoto; (iii) may not misrepresent its relationship with GoPhoto; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray GoPhoto or the Service in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate GoPhoto with undesirable products, services, or opinions; and (vi) may not use any GoPhoto trademark or service mark without our express written permission. GoPhoto may, in its sole discretion, request that You remove any link to the Site, and upon receipt of such request, You shall immediately remove such link.



TERMINATION

This Agreement is effective until it is terminated by either party. If GoPhoto determines that You have, or may have, breached any term of this Agreement, GoPhoto may immediately terminate or suspend this Agreement and/or your account, at GoPhoto’s sole discretion. You agree that GoPhoto, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other Content within the Service, at any time, without notice, for any reason. Further, You agree that GoPhoto shall not be liable to You or any third-party for any termination of your access to the Service. Termination of this Agreement by GoPhoto is without prejudice to any other remedies GoPhoto may have at law or in equity. Agreement provisions relating to representations and warranties, disclaimers of warranties, limitation of liability, indemnification, confidentiality, proprietary rights, dispute resolution and payments shall survive termination or expiration of this Agreement. Upon termination of this Agreement, You are no longer authorized to access or use the Site and/or the Service. Any subsequent access or use without the prior written consent of GoPhoto is prohibited.
You have the right to terminate your account at any time by contacting our Customer Service Department (support@GoPhoto.com). The cancellation of your account or ceasing all use of the Service is your only remedy with respect to any dispute that You may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request.



FEEDBACK

GoPhoto may publish any feedback, suggestions, ideas for improvement of the Service or other input that You may provide (collectively, “Feedback”). Feedback will be the sole and exclusive property of GoPhoto. You hereby assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to GoPhoto.



DISCLAIMER OF WARRANTIES

THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT; ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND/OR PERFORMANCE OF THE SITE OR THE SERVICE; AND ALL WARRANTIES REGARDING INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE SITE.



SHIPPING AND LOSS OF ORIGINAL CONTENT

You understand and agree that the submission of any physical or digital photos, slides, or negatives to GoPhoto, and the download or upload of any material through the GoPhoto site is done at your own discretion and risk and that You will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material. GoPhoto does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its products or services.
GoPhoto shall assume no responsibility for any loss or damage to your materials while they are transported by third party carriers. GoPhoto shall assume no responsibility nor liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised on the Site or by services provided by third parties over which GoPhoto has no control.
Under all circumstances GoPhoto (including its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if GoPhoto has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. GoPhoto’s total cumulative liability to You for any claim arising out of or relating to the Site, Service, and/or this Agreement shall be limited to the total amount actually paid by You to GoPhoto in the six (6) months immediately preceding the claim.



NATIONAL AND LOCAL LAWS

GoPhoto controls and operates this Site from its headquarters in San Francisco, California, in the United States of America. The Site and/or the Service may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following any applicable local laws, rules and regulations. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the state and federal courts located in San Francisco County, California shall have exclusive jurisdiction over any claim or action arising out of or relating to the Site, the Service, and/or this Agreement, and waive any objections asserting inconvenience of the forum. You further agree and submit to the 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose.



GENERAL

You may not assign any rights granted to You or delegate any of your duties hereunder; any attempt to do so is void and of no effect. GoPhoto may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of GoPhoto at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court finds that one or more rights or provisions contained in this Agreement are invalid, You agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between You and GoPhoto regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.

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