photocan: Terms and Conditions

Photocan Terms and Conditions

The Photocan site (the "Site") provides members an easy way to store, share, send and otherwise use photographs or other materials (collectively "Process"). However, before you enter the Photocan site or use any of the Photocan services (collectively "Service"), it is important that you carefully review the Terms and Conditions set out below (the "Terms"). These Terms is a binding agreement between you and Photocan in relation to your use of any service or material provided on the Site. USING THE SERVICE REPRESENTS THAT YOU ASSENT TO THE STATED TERMS. Photocan may revise the Terms at any time and from time to time. Please review the Terms periodically because the Terms may be modified and the modified Terms will be binding on you and Photocan effective immediately following the publication of the modified Terms. Your continued use of the Site constitutes (1) an affirmative acknowledgement by you of this Terms and its modification; and (2) agreement by you to abide and be bounded by this agreement ("Agreement") and its modifications.

I. Terms of Membership

Photocan membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to Photocan, including your name and correct email address. In addition, by becoming a Member, you will provide Photocan with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).

The Service is for personal use only.

II. Use of the Service

The Service allows Members and non-members to store, send and/or share their data, text, information, screen names, graphics, photos, profiles, video clips, emails, and links (collectively "Content"). Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. By way of example, and not as a limitation, you agree that when using the Service you will not:

a. Publish, post, upload, distribute or disseminate Content that is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

b. Publish, post, upload, distribute or disseminate Content that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

c. Publish, post, upload, distribute or disseminate Content which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

d. Publish, post, upload, distribute or disseminate Content that contains viruses, worms, corrupt files, time bombs, cancelbots, Trojan horses and other forms of corruptive code, or any other content which may damage the operation of the Site's or another's computer or property of another.

e. Publish, post, upload, distribute or disseminate Content that advocates illegal activity.

f. Harvest or otherwise collect information about others, including photos, e-mail addresses and user names.

g. Restrict or inhibit any other user from using and enjoying the Service.

h. Process Content that provides a link to any of the above.

Photocan has the sole discretion to determine whether Content is Prohibited Content. Photocan has no obligation to monitor the Service. However, Photocan reserves the right to review Content Processed by our Service and to remove any materials in its sole discretion. Photocan reserves the right to move, delete, and edit materials at any time, without notice, for any reason whatsoever. Photocan also reserves the right to terminate your access to any or all of the Service at any time, without notice, for any reason whatsoever.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage.

Also, by viewing the Site you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.

And you acknowledge that Photocan in no way guarantees the accuracy, quality or appropriateness of Content available on the Site.

III. No Resale of Service

You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

IV. No unlawful or prohibited use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

V. Copyright

Photocan claims no intellectual property rights over the material you provide to the Service. But in order for Photocan to make your Content available to you, your invitees, and/or other Photocan users, Photocan needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your usage to the Service, you hereby grant Photocan a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. Also, as a condition to your usage of the Service, you represent and warrant to Photocan that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

The Service is protected by international copyright laws and by other applicable laws. You may not Process any Content without the written 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.

Photocan will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

2. A description of the copyrighted work claimed to have been infringed;

3. A description of the infringing Content and information reasonably sufficient to permit Photocan to locate the Content;

4. Your contact information, including your address, telephone number, and email;

5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

VI. Indemnity

You agree to indemnify, defend and hold harmless Photocan and its subsidiaries, officers, employees, agents, contractors, vendors, co-branders, suppliers, internet service providers, and partners (collectively "Photocan Affiliates") from and against any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Site, your Content, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.

VII. Disclaimer of Warranties

(A) No Liability for Content. IN NO EVENT WILL PHOTOCAN AND/OR PHOTOCAN 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.

(C) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTOCAN AND PHOTOCAN 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. PHOTOCAN MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. PHOTOCAN MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. 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.

VIII. LIMITATION OF LIABILITY

THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN. PHOTOCAN AND/OR PHOTOCAN AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. TO THE FULLEST EXTENT PERMITTED UNDER LAW, PHOTOCAN AND/OR PHOTOCAN AFFILIATES 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 SITE OR 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) UNAUTHORIZED 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.

IX. Termination of Membership

Photocan 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, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Photocan elsewhere on the Site, (ii) conduct Photocan believes is harmful to other Photocan users, the business of Photocan, or Photocan Affiliates.

Photocan will not be liable to you or any third party for any suspension or termination of your access to the Service.