Terms and Conditions

[www.shareyourphotos.com]

Last updated September 22nd, 2020

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

 

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Simplified IT Products (“we,” “us” or “our”), concerning your access to and use of the Share Your Photos website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

 

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. 

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

 

USER REGISTRATION

You are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

*Accounts that use the Site and/or the content for any revenue-generating endeavor or commercial enterprise may be removed at our discretion.



PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

 

As a user of the Site, you agree not to:

  1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  2. Use the Site to advertise or offer to sell goods and services.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Make improper use of our support services or submit false reports of abuse or misconduct.
  5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  6. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  7. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise*.
  8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  9. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  11. Delete the copyright or other proprietary rights notice from any Content.
  12. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  13. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  15. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  16. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

*Accounts that use the Site and/or the content for any revenue-generating endeavor or commercial enterprise may be removed at our discretion.

 

User-Created Events and Uploads

The Site and users will invite you to upload photos, contribute to, or participate in self-created or user-created events, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Uploads"). Uploads may be viewable by other users of the Site and through third-party websites.

 

We do not assert any ownership over your Uploads. You retain full ownership of all of your Uploads and any intellectual property rights or other proprietary rights associated with your Uploads. We are not liable for any statements or representations in your Uploads provided by you in any area on the Site. You are solely responsible for your Uploads to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Uploads.  

 

When you create or make available any Uploads, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Uploads do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Uploads in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Uploads to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Uploads in any manner contemplated by the Site and these Terms of Use.
  4. Your Uploads are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  5. Your Uploads are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  6. Your Uploads do not ridicule, mock, disparage, intimidate, or abuse anyone.
  7. Your Uploads do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  8. Your Uploads do not violate any applicable law, regulation, or rule.
  9. Your Uploads do not violate the privacy or publicity rights of any third party.
  10. Your Uploads do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  11. Your Uploads do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  12. Your Uploads do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Uploads do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. 

 

We have the right, in our sole and absolute discretion, to pre-screen or delete any Uploads at any time and for any reason, without notice. We have no obligation to monitor your Uploads. 

 

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.

 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

CONTACT US 

If you have any questions or suggestions regarding our Terms and Conditions, please contact us at: marketing@shareyourphotos.com.