Terms & Conditions
1. Digital Image Storage
Fotofriend offers free, unlimited storage of online photos to users who maintain "Active Participation". Active Participation is defined as using the Fotofriend application at least once every 180 days. There is no limit to the Content you can upload.
You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
2. User Conduct
Fotofriend is committed to ensuring that the Service remains a fun and safe place to Process photographs. To that end, the Service allows users to be creative with their "Content". Users of the Service may not use
the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Fotofriend believes:
1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Comprises copyrighted material used without the express permission of the owner;
3. Violates or otherwise encroaches on the rights of others including their right to privacy;
4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");
5. Advocates illegal activity;
6. Harms anyone, including minors; or,
7. Provides a link to any of the above;
Fotofriend has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Fotofriend does not and will
not examine or otherwise review all Content submitted or transmitted to the Service, Fotofriend may delete, move, and edit Content for any reason, at any time, without notice.
All Content that is Processed through Fotofriend is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. You may only upload Content where you have the consent of all persons
pictured, including through your relationship with those persons.
Fotofriend will never make use of the images you use on the Service. Fotofriend will never copy, display, modify, make derivative works of or distribute your Content, for any purpose other than that which is essential in processing your order. As a condition of use of the Service, you represent and warrant to Fotofriend that you either own your Content or have permission from the copyright owner to make such Content available to the Service.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Fotofriend has a process in place to respond to your concerns.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Fotofriend, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "Fotofriend AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
6. Limited Warranty
(A) No Liability for Content IN NO EVENT WILL Fotofriend OR Fotofriend AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOUR PRINTS, STICKERS OR PLAYING CARDS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, Fotofriend'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR Fotofriend TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH MERCHANDISE, OR (II) REPROCESS YOUR ORDER AT NO EXTRA COST.
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Fotofriend AND Fotofriend AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fotofriend MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. Fotofriend MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Fotofriend WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Fotofriend may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Fotofriend elsewhere within the Service, (ii) conduct Fotofriend believes is harmful to other Fotofriend users, the business of Fotofriend, or Fotofriend Affiliates, or (iii) failure to maintain Active Participation in the Service. Fotofriend will not be liable to you or any third-party for any termination of your access to the Service.
9. Choice of Law
The state and federal courts of New South Wales are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New South Wales.
10. Modification of Terms
Fotofriend may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Fotofriend will be prospective only.
11. Entire Agreement
These Terms constitute the entire agreement between you and Fotofriend governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Fotofriend Affiliate services, third-party Content, or third-party software.
The failure of Fotofriend to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
12. Reporting Violations
You can report abuse of these Terms to firstname.lastname@example.org.