Terms of Service
September 8, 2007
1. Using photrax.com By using or accessing this geotagging photo coummunity website, or any website hosted at the photrax.com domain name (the "Site"), or by using any of the content hosting and sharing services provided via the Site, you agree to be bound by these Terms of Service 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.
2. Description of the Services Photrax.com provides its Registered Users with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to publish User Content on Photrax.com, for example, geotagged or geocoded online photo albums and photo journeys. Photrax.com has the right to change its file size, bandwidth, or storage limitations without notice.
3. Modification of this Agreement Photrax.com may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Site and Services, for any reason, and without notice. Each revision will be marked with a revision date and will be posted on the Site. Photrax.com recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (e.g., when you register for a Photrax.com account), the terms of this Agreement, as modified by Photrax.com 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 Service in effect at the time of such use or access.
4. Restrictions on photrax.com You will not do any of the following while using or accessing the Site or the Services:
- Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful copyrigts
- Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
- Use any meta tags or other hidden text or metadata utilizing a Photrax.com name, trademark, URL or product name without Photrax.com's express written consent;
- Post, upload, email or otherwise transmit, without first obtaining the permission of Photrax.com, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
- 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, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Photrax.com;
- 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;
- 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;
- Attempt to probe, scan or test the vulnerability of any Photrax.com system or network or breach any security or authentication measures;
- 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;
- Collect or store personal data about other users without their express permission;
- Resell the Services, in whole or in part;
- Violate any applicable law, regulation, or ordinance; or
- Use the Site or Services in any manner not permitted by this Agreement.
5. Links to Third Party Sites
The Site may contain links to third-party websites or resources. You acknowledge and agree that Photrax.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Photrax.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Sites, refer to the terms of service governing those websites.
6. Control the Content
Photrax.com does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. The accounts, and regardless of whether the Content is public or private, Photrax.com may choose to monitor such Content at any time, in its sole discretion. Photrax.com 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 of any part of this Agreement. Photrax.com reserves the right at all times to disclose, in its sole discretion, any Content as necessary to
- satisfy any law, regulation, or governmental request or
- reduce or prevent what Photrax.com considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
7. You will not do any of the following while using or accessing the Site or the Services:
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);
- 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
- - 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);
You agree to indemnify and hold Photrax.com, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, publish, transmit or otherwise make available through the Service of photrax.com, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. Photrax.com reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with Photrax.com and its counsel, as necessary, in the conduct of such defense.
9. Photrax.com's Limited License to You
Subject to your compliance with the terms and conditions of this Agreement, Photrax.com grants you a non-transferable, non-sublicensable right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content (except as such acts may be permitted by a separate license explicitly attached to such Content).
In order to access certain features of the Site and the Services, and to post Content, you must create a Photrax.com account. Once you have created an account, you will be a "Registered User." Your Photrax.com account is solely for your own personal use. You are responsible for safeguarding the password that you use to access the Site and Services. You agree not to disclose your password to any third party nor to permit any third party to use your Photrax.com account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Photrax.com of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. Photrax.com will have no liability for failure to deliver notices that result from inaccurate account information.
Cause for such termination shall include, but not be limited to,
You agree that Photrax may, under certain circumstances and without prior notice, immediately terminate your Photrax account, any associated email address, and access to the Service.
- breaches or violations of the TOS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- unexpected technical or security issues or problems,
- engagement by you in fraudulent or illegal activities,
Termination of your Photrax account includes
- removal of access to all offerings within the Service
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- barring of further use of the Service.
- Further, you agree that all terminations for cause shall be made in Photrax's sole discretion and that Photrax shall not be liable to you or any third party for any termination of your account or access to the Service.
Photrax.com is committed to protecting your privacy when you visit Photrax.com or use its services. You agree to provide Photrax.com with certain personal information. This information includes, but not limited to: full name and email address, as well as IP addresses. Please note that nowhere on the Site do we knowingly collect contact information. Each time you visit Photrax.com, use the Services, or provide us with information, you are accepting the practices described in this Terms of Services.
Photrax.com may disclose specific contact information when we determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Photrax.com or other visitors to the site or users of the Services. Also, your contact information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of Photrax.com.
Photrax.com stores and processes your information on computers located in the Germany, and by providing any data to Photrax.com, you consent to the transfer of such information to the Germany.
IP Address: Each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.
13. Advertisements You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Photrax.com to provide the Service.
14. Availability of the Sevice
Although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Photrax.com.
15. Forum and Choice of Law
This Agreement will be governed by and construed in accordance with the laws of Germany, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in Germany or state courts located in Munich, Bavaria, Germany. You further agree and submit to the exercise of 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, or be forever barred.
16. Disclaimer of Warranty
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PHOTRAX.COM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.