Copyright © PhoMents 2013. All rights reserved.
PhoMents, Inc will delete all User Content, and may terminate the Account in accordance with the Termination Policy for Repeat Infringers set forth herein, of any User who repeatedly infringes the copyright rights of another party upon timely notification to PhoMents, Inc of such repeated infringement. If you are a copyright owner or an agent thereof and you believe that your work has been copied and printed otherwise used on the App in any way that would constitute copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. §512(c)(3):
(i) a physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of the copyrighted works;
(iii) identification of the material that is claimed to be infringing and
information reasonably sufficient to permit us to locate the material on the Service or the App;
(iv) information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) a written statement that the owner or agent has 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
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The contact information for our designated Copyright Agent for receiving notifications of claimed infringement is:
PhoMents, Inc, LLC
Attn: Copyright Agent
Termination Policy for Repeat Infringers
In an effort to protect the rights of copyright owners, PhoMents, Inc has adopted and maintains the following policy for the termination, when appropriate, of Registered Users of the App who are repeat copyright infringers. All Registered and Unregistered Users must be on notice that should PhoMents, Inc directly or indirectly become aware of actual or alleged repeat offenses involving the prevailing copyright laws of the United States, codified in Title 17 of the United States Code, by a User of the App, any and all Services provided by PhoMents, Inc to such a repeat offender, including but not limited to registration to the App, maintenance of an Account, and production of one or pictures may be terminated within seven (7) business days of such determination or less.
For purposes of this policy, a “Repeat Offender” may be a User who has been notified by PhoMents, Inc, either via email or in writing, of an actual or alleged copyright infringement associated with the User on three (3) or more separate occasions. Such a determination will be made at the sole discretion of PhoMents, Inc and PhoMents, Inc is not required to seek judicial validation of any kind in making this determination. All decisions to terminate the Services provided by PhoMents, Inc to such a Repeat Offender will be final. PhoMents, Inc may but is not required to make a good faith effort to provide notice to the Repeat Offender upon making such determination and prior to termination. PhoMents, Inc also reserves the right to terminate any and all Services provided to a User after a single violation of the terms contained herein.
You will indemnify and hold PhoMents, Inc, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, and liabilities, due to or arising out of your use of the App and/or your violation of this Agreement, and you shall pay all costs, expenses, settlements and damages finally awarded, including but not limited to reasonable attorney’s fees and court costs.
THE PHOMENTS, INC APP, THE SERVICES, AND OUR CONTENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE APP, THE SERVICES, AND OUR CONTENT IS AT YOUR OWN RISK. PHOMENTS, INC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.
PHOMENTS, INC MAKES NO GUARANTEES, ENDORSEMENTS, PROMISES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND REGARDING THE FOLLOWING:
- The accuracy, reliability, efficacy, currentness, completeness, or timeliness of the app, the services, or our content including, but not limited to, text, graphics, links, software, or communications provided on or through the app.
- The availability of the services, the app, or any specific results from use of the App, the services, or our content for any purpose.
- Adherence to or compliance with any federal, state, local, or government regulations requiring information disclosure.
- Adherence to or compliance with any federal, state, local, or government regulations regarding the services, the app, or our content.
Limitation of Liability
No waiver of a breach of any term of this Agreement will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this Agreement. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder, will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this Agreement or the rights or obligations of any party hereunder. Entire AgreementAs discussed above, you expressly agree to and accept the terms of this agreement by your use of the app, your purchase of a picture or other products, your use and/or purchase of any of the services, or by your registration to become a registered user. This agreement constitutes the entire agreement between you and PhoMents, Inc. If any provision of this agreement is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of this agreement will not affect its other provisions and this agreement will be construed in all respects as if the invalid or unenforceable provision were omitted. Governing Law and Dispute ResolutionThis Agreement will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under this Agreement, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses.
APP TERMS & CONDITIONS
We may modify or update this Agreement from time to time without prior notice. We may also modify, add to, delete, and/or discontinue any or all parts of the App without prior notice. Your continued use of the App following any modification or update means you accept any changes made. We reserve the right to restrict access to any or all parts of the App without notice or liability. If you do not agree to the terms of this Agreement, you may not use the App or the Services offered on the App.
In the event that you are required to download additional software or other items in order to receive the Services discussed herein, you hereby expressly agree to be bound by any additional terms and conditions associated with such downloads. If there is a conflict between the terms of this Agreement and the terms and conditions associated with such downloads, a particular portion of the app, or associated with a particular Service, the latter shall govern your use of that portion of the App or that particular Service.
Accuracy of Information Provided to PhoMents, Inc
You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You also represent and warrant that you are thirteen (18) years of age or older and that your use of the App and the Services does not violate any applicable law or regulation.
You agree to maintain the confidentiality of your password and other information related to your Account. You agree not to use the Account, username, or password of other Registered Users and you shall notify us immediately if you have reason to suspect any unauthorized use of your Account. Any and all use of your Account is your sole responsibility.
You will be responsible for the payment of any and all fees associated with such purchases, and you agree to pay such fees to PhoMents, Inc as set forth on the App. Such fees include any and all applicable taxes, such as sales, use, and value-added taxes, as well as import duties for Books or other products delivered overseas. Any and all charges for customs clearance will be paid by you. You agree that all title and risk of loss to each shipment of Books or other products purchased by you shall pass to you when PhoMents, Inc makes these shipments available to a carrier. You must be at least eighteen (18) years of age to purchase Photo’s or Services on the App.
When purchasing Services, or other products, you may be required to provide us with a valid credit card number. We only accept payment through VISA, MasterCard, American Express, and Discover. You may also be required to provide us with associated payment information at the time of your order. Such information may include your name as it appears on the card, the credit card type, the date of expiration of your credit card, the billing address, and any activation numbers or codes needed to charge your card. No cash or checks will be accepted for payment.
All agreements between you and your credit card company govern your use of that credit card. You should refer to those agreements, and not this Agreement, to determine your rights and liabilities as a cardholder. You agree that we need not provide you with any further notice or consent before we charge your credit card for all fees and amounts due and payable as a result of your purchase of any Photo’s Services, or other products. If we do not receive payment from the issuer of your credit card or its agents, you expressly agree to pay all amounts due to PhoMents, Inc upon demand by PhoMents, Inc or its agents. Our prices and billing methods may change at any time, without notice, and you agree to be bound by any such changes once made.
At PhoMents, Inc we are proud of our products and guarantee your satisfaction. That's why we guarantee our products against any defect due to manufacturing.
Please be sure to preview your projects closely before placing your order. PhoMents, Inc is not responsible for any errors or mistakes that customers make on their orders
For example, PhoMents, Inc is not responsible for: - Spelling or punctuation errors; - Poor image quality from low resolution images; - Errors made when editing a photo through cropping, border selection, or other user-controlled enhancement features; or - Errors in order quantity.
If you are not satisfied with your order, please contact us at firstname.lastname@example.org. Even if it turns out to be one of the user errors listed above, we will be happy to work with you to correct the error. All items must be returned to PhoMents, Inc within 14 days of receipt. If your image was defected for any of those reasons listed above, we have a no questions asked return and replace policy. If you send your photo’s back within 14 days, we will reprint and ship your photos for no charge. User Content
As used herein, the term “User Content” shall include any text, files, images, photos, video, sounds, works of authorship, and other material that you upload and/or otherwise include in your Books, submit to PhoMents, Inc for photos or Services, or that you contribute to the photos of other Users. User Content shall also include any of the above materials that you post in any of our public forums, share with other Users through the Services, or feedback that you provide to us. PhoMents, Inc has no ownership in any User Content and you are solely responsible for any and all User Content that is posted by or through your Account. This includes any User Content that you may have received from a third party.
PhoMents, Inc Content
The Services and the App may contain images, photographs, phrases, artistic works, and other content created by and/or for PhoMents, Inc and its licensors (“PhoMents, Inc Content”or “Our Content”). PhoMents, Inc and its licensors own and retain all proprietary rights in the PhoMents, Inc Content and the Services. Unless you have been given written permission to the contrary by PhoMents, Inc, you may not use, reproduce, distribute, publically perform, or create derivative works based on the PhoMents, Inc Content. You may, however, display and/or reproduce PhoMents, Inc Content to the extent necessary in viewing the App, creating your photos, and using the Services.
As used herein, the term “Prohibited Content” includes any content that could be construed to be illegal, offensive, harassing, false, misleading, in furtherance of illegal activity, involving the exploitation of anyone in violation of applicable law, in violation of someone’s privacy, soliciting passwords or personally identifying information for commercial or unlawful purposes, threatening, obscene, defamatory, or libelous, or in furtherance of harm to any individual or group of individuals.
You expressly agree not to print Prohibited Content through the App or the Services. Such content shall be deemed to be Prohibited Content at the sole judgment and discretion of PhoMents, Inc. Although we are under no obligation to do so, PhoMents, Inc has the right to review and delete any User Content that, in the sole judgment and discretion of PhoMents, Inc, violates this Agreement, constitutes Prohibited Content, threatens the safety of any User or any other person, or creates liability for PhoMents, Inc, its licensees, partner companies, or any User.
Although PhoMents, Inc has no obligation to do so, PhoMents, Inc reserves the right to investigate and take action against Users who violate this provision or any other provision of this Agreement. Actions taken by PhoMents, Inc may include removing Prohibited Content from the Services, terminating your account, reporting you to law enforcement authorities, and taking legal action against you.
Use of User Content
Under this Agreement, you expressly grant a non-exclusive, worldwide, fully-paid and royalty-free license (“License”) to PhoMents, Inc to reproduce and distribute your User Content for the purpose of printing the Books that you order. You represent and warrant that you own or otherwise have the right to grant the License set forth above in this section for the User Content that you upload on the App, provide to and post on the Services, contribute to other Registered or Unregistered Users, or otherwise provide to PhoMents, Inc for reproduction and/or printing in a Book. You also represent and warrant that your User Content does not violate the privacy rights, publicity rights, copyright rights, trademark rights, or other rights of any person or entity.
The trademarks, service marks, trade dress, and logos displayed on the App and/or included in the PhoMents, Inc Content are owned by PhoMents, Inc. All rights are reserved. You may not use, copy, modify, or otherwise exploit these trademarks, service marks, trade dress, and logos without the prior written consent of PhoMents, Inc.