Terms of Service - 'PhotoOrderList' web site                 close

Terms of Service - 'PhotoOrderList' web site ============================================= 1. ACCEPTANCE OF TERMS POL = http://www.photoorderlist.com/ POL provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at: POL. 2. DESCRIPTION OF SERVICE POL provides you with access to specific web pages and server. You can open your own account, upload images files and remove images files, subject to provisions and limitations (the "Service"). POL may make any changes to POL pages without notice to you. You must keep your original images in a safe place and unload copies of those images only. POL is not liable for any loss of images due to any reason and under no circustances. Any file uploaded to POL must be your own created file and in your own ownership. All images files uploaded to PLO must be images taken by you with your own camera. You can not upload images files created by third party or which a third party has copyright rights on those files. You are not allowed to upload any images who are considered by us as pornographic or in bad test, which is to us to judge. In such case, all your images will be removed and you account will be canceled without any refund or compensation. The Service may include advertisements on any page. The Service may include certain communications from POL, such as service announcements, administrative messages and others. The Service is provided "AS-IS" and POL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your or your customers communications, orders, personalization settings, images uploaded or any other stuff. You and your customers are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You and your customers are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you and your customers must provide and are responsible for all equipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or POL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any refund or compensation. 4. POL PRIVACY POLICY Registration Data and certain other information about you will not be given to any third party except to the law authorities if they will ask for it from their own reasons. 5. USER ACCOUNT, PASSWORD AND SECURITY You will create your username and password during Service's registration process. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username, password or account. You agree to (a) immediately notify PLO of any unauthorized use of your username, password or account or any other breach of security, and (b) ensure that you exit from your PLO at the end of each session. PLO can not and will not be liable for any loss or damage arising from your failure to comply with this section. 6. USER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not POL, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. POL does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable to you. Under no circumstances will POL be liable in any way for any Content, including, but not limited to, for 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. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above. You acknowledge that POL may or may not pre-screen Content, but that POL and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, POL and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by POL or submitted to POL. You acknowledge, consent and agree that POL may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of POL, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by POL and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 7. INDEMNITY You agree to indemnify and hold POL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your username, password or account), use of the Service, or access to the Service. 9. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that username, password or account may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that order message, your uploaded images or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on POL's servers on your behalf, the maximum size of images uploaded, , the maximum size and dimensions of each image uploaded and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that POL has no responsibility or liability for the deletion or failure to store any images, orders, messages and other stuff or other Content maintained or transmitted by the Service. You acknowledge that POL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that POL reserves the right to modify these general practices and limits from time to time. 10. MODIFICATIONS TO SERVICE POL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that POL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11. TERMINATION You agree that POL may, under certain circumstances and without prior notice, immediately terminate your POL account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your POL account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in POL's sole discretion and that POL shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. 12. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that POL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 13. POL'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by POL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. POL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by POL for use in accessing the Service. 14. DISCLAIMER OF WARRANTIES You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. POL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Pol makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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. Any use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the use of the service. No advice or information, whether oral or written, obtained by you from Pol or through or from the service shall create any warranty not expressly stated in the TOS. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. 15. LIMITATION OF LIABILITY You expressly understand and agree that pol shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 16. GENERAL INFORMATION You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. Choice of Law and Forum. The TOS and the relationship between you and POL shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You and POL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tel-Aviv, Israel. Waiver and Severability of Terms. The failure of POL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your POL account is non-transferable and any rights to your POL I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.