Terms of Use

Terms of Use

Welcome to photoEcoz!

The photoEcoz service is operated by webEcoz LLC (herein referred to as “webEcoz”, “we” “us” or “Company”).

Please read the following Terms of Use (“Terms”) carefully. If you agree to these Terms, and wish to use the photoEcoz service (“Service”), please click on the “Accept” button. To decline, click on the “Cancel” button. By entering and using this Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and photoEcoz that you will use the Service only in a manner consistent with these Terms.

photoEcoz reserves the right to change these Terms from time to time. Please refer to this site regularly to review any changes.

Age Requirements

You must be at least 13 year of age to use our Service. By using our Service, you warrant that you meet this requirement.

Registration Data

You agree to provide accurate and complete information about you as may be prompted by any registration forms on the website (“Site”), to keep this data updated, and to be fully responsible for all use of your account and for any actions that may take place using your account.

Trademarks
photoEcoz, its logo, and other Company graphics, designs, buttons, scripts, and service names are registered trademarks or trademarks of the Company. Our trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Copyright
photoEcoz is committed to protecting photographers’ copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed at photoEcoz. If you believe that your work has been copied in a way that infringes your copyrights, please contact us and provide all relevant details.
User Conduct

The Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:
•           harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
•           use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, over-burden or impair the Site;
•           use automated scripts to collect information from or otherwise interact with the Service or the Site;
•           use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service
•           upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable; or which violate any local, state, national or international law;
•           upload, post, transmit, share, store or otherwise make available any photographs other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
•           register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
•           impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
•           upload, post, or transmit any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
•           upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
•           solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
•           upload, post, transmit, share 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.

User Content

You are solely responsible for the photos, profiles, messages, information, advertisements, and other content that you upload, publish or display (hereinafter, "post") on the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal or may endanger others. You are solely responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on the Site.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant to the Company a license to use, copy, publicly display and distribute such User Content in connection with the Site or the promotion thereof.

Proprietary Rights in Site Content

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, software, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein.

Inactive Accounts, Repeat Infringer Policy
photoEcoz reserves the right to cancel the Service or to discontinue accounts that have been inactive for more than 180 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account and the images contained in it may be removed.
We have a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. This includes, but is not limited to inappropriate Content, violation of our Terms, infringement of copyright or any unlawful activity.
Third Party Software

We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company.
This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using our Service.

Customer Policy for Idea Submission

We appreciate and are open to customer ideas and suggestions; however, please note our policy on external ideas submission:
• Unsolicited ideas submitted to photoEcoz, or webEcoz LLC, or any of its employees, automatically become the property of webEcoz LLC.
• By submitting unsolicited ideas to us, you automatically forfeit your rights to the intellectual property of these ideas.

Privacy Policy

When you create an account with photoEcoz, you need to provide some personal information, such as your name, email address, and location. We protect and use this information as set forth in our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by photoEcoz, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH PHOTOECOZ’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOECOZ EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOECOZ MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOECOZ MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOECOZ’S SITE OR ADVERTISED THROUGH PHOTOECOZ’S SITE.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation of Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $200. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

User Disputes

You are solely responsible for your interactions with other photoEcoz users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13, or have violated our Terms of Use.

Governing Law and Jurisdiction

The laws of the Commonwealth of Massachusetts govern.

Arbitration

THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.

Miscellaneous

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.