You must be sixteen (16) years old or older to use or access the Services. If you are under sixteen (16) years old, Your use of the Services must be directly supervised by Your parent or guardian or another authorized adult (e.g. a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under sixteen (16) years old who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.
In order to use certain features of the Services, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by You is truthful and accurate, and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify Photo.md of any unauthorized use of Your Account or any breach of security. Photo.md will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of Photo.md due to such unauthorized use.
Access to the Services
Photo.md hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Services, provided that:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Services, or any content displayed on the Services without Photo.md prior written authorization;
- You shall not modify or alter any part of the Services;
- You shall not access the Services through any technology or means other than the technology provided on the Services, or other authorized means Photo.md may designate; and
- You shall not sell access to the Services, or sell advertising, sponsorships, or promotions within the Services of the content on the Services without Photo.md’s prior written approval.
Photo.md reserves the right at any time, to modify, suspend or discontinue the Services with or without notice to You. You agree that Photo.md will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Service. You further agree that Photo.md will have no obligation to provide You with any support or maintenance in connection with the Service.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that access the Services in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their content on the Services.
Certain Services may be provided to You free-of-charge from time to time. Other Services require payment before You can access them. You may access the Services after You have successfully subscribed to a respective subscription plan (“Paid Services”) which is subject to payment of a fee(s) as may be determined by Photo.md from time to time (“Fee”) which shall be made via credit card or such other payment method as accepted by Photo.md (“Payment Method”). Photo.md shall reserve the right to introduce further Paid Services from time to time at its own discretion. All Fees are quoted in United States Dollar (USD) unless otherwise specified by Photo.md. The Fee is exclusive of all taxes, which shall be borne by You.
The subscription to the Paid Services is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the application subscription period (i.e. monthly basis or annual basis) corresponding to the term of Your subscription.
If we offer You a promotion (e.g. a promotional price) for Your subscription for the Paid Services, the specific terms of the promotion will be disclosed during Your sign-up or in other materials provided to You describing the particular promotion. In the case of promotional pricing, after Your promotion ends, we will begin billing You the regular price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to You.
We reserve the right, in our sole discretion, to change, amend, modify or vary the price, package, and/or features of the Paid Services subscription plan(s), at any time, with or without notice to You.
We will use all reasonable effort to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of our Service may be inaccurate or any of our Service may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.
Cancellation of Subscription
You can cancel Your subscription to the Paid Services at any time, and You will continue to have access to the Paid Services through the end of Your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds for any unused Paid Services.
For cancellation purposes, You may cancel Your subscription by going to “My Account” and following the instructions as stated therein.
You may also delete Your account by contacting us at email@example.com.
Upon the closure of Your Account and under Your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to Your Account. We reserve the right to retain any data necessary under the applicable laws.
“Your Content” means any and all information and content that You submit or use with the Services (including content found on Your profile or posts) and any derivative works which You have produced through the use of the Services.
As the Account holder, You may submit Your Content on the Services. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to use Your Content and You hereby grant Photo.md an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licenses of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also agree that Your Content may be retained by us for a reasonable period of time for the purposes of (i) improving or enhancing Photo.md products and the Services to You; (ii) analyzing and measuring the effectiveness of Photo.md products, the Services (including our mobile applications); (iii) fulfilling contractual obligations, and for the (iv) compliance with legal obligations.
You further agree that Photo.md is not responsible for the accuracy, currency, suitability, or quality of any user Content, whether provided by You or by other users. Any interaction between users are solely within the users and Photo.md will not be responsible for any loss or damage incurred as the result of such interactions.
Third-Party Links and Advertisements
The Services may contain links to third-party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by Photo.md and Photo.md assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, Photo.md will not and cannot censor or edit the content of any third-party website and/or advertisements. By using the Services, You acknowledge and agree that Photo.md shall not be responsible for Your use of any third-party website and/or advertisements. Your use of all third-party websites and/or advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third-party websites and/or advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any such third-party websites and/or advertisements.
Intellectual Property Rights
If You are a copyright owner or an agent thereof and believe that any Content on our Services infringes upon Your copyright and wish to have the alleged infringing material removed, You may submit a notification to us with the following information in writing at firstname.lastname@example.org:
- a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- information to enable us to contact You, such as an address, telephone number, or email address;
- a statement 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
- a statement that the information submitted in the notification is accurate, and under penalty of perjury, that You are the copyright owner, or a person authorized to act on behalf of the copyright owner.
Aggregated Anonymous Data
Notwithstanding anything to the contrary herein, You agree that Photo.md may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Services, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Services, and/or the development of other products or service capabilities. You further agree that Photo.md may disclose to third parties aggregate data derived from customer data or from any other data related to the Services (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data, and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications, and other materials created by Photo.md from or with use of such data will be, in each case, the sole and exclusive property of Photo.md; and You hereby assign all of Your title and interest, if any, in and to such items to Photo.md without any fees and without rights to future royalties.
Account Termination Policy
ALL PHOTO.MD WEBSITE, CONTENT, TOOLS, AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTO.MD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PHOTO.MD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PHOTO.MD WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PHOTO.MD WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PHOTO.MD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHOTO.MD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT, AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION, AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE PHOTO.MD WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
Limitation of Liability
IN NO EVENT SHALL PHOTO.MD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Governing Law and Dispute Resolution
This Agreement shall be governed by and shall be construed in accordance with, the laws of the Republic of South Africa. All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in South Africa under the appropriate South African laws. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
You agree that the communications between You and Photo.md uses electronic means. For contractual purposes, You (a) consent to receive communications from Photo.md in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Photo.md provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.