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Terms of Service

Last updated: November 18, 2013

Introduction

The following document outlines the terms of service of the 55photos.com website. The web pages and the Services available at 55photos.com ("the Site" or "55Photos") are accessed by you under the Terms of Service described herein ("the Terms").

Acceptance of Terms

Before using any of the 55Photos services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. By accessing or using the Site or the Services available on the Site you agree to be legally bound by the terms and conditions described herein. If you disagree with any part of the Terms then you may not access the Site.

Privacy

Please refer to our Privacy Policy for information on how we collect, use and disclose personal information from users of 55Photos website.

The Services

The Site enables users to access and/or purchase services ("the Services"). Services include, but are not limited to, photo/image transferring and organizing. Your access to and use of the Services may be interrupted from time to time as a result of hardware or software malfunction, updating or upgrading, maintenance or repair of the Site or the Site's hardware or any other reason within or outside the control of 55Photos.

Modification of the Site or the Terms

55Photos reserves the right to suspend or discontinue the availability of the Site and/or any service at any time at its sole discretion and without prior notice. 55Photos may also impose limits on certain features and services or restrict your access to parts of or all of the Site and the Services without notice or liability. 55Photos reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, 55Photos will notify you by posting an announcement on the Site. What constitutes a material change will be determined at 55Photos’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or accessing the Site following notification of a material change to the Terms shall constitute your acceptance of the Terms as modified.

Registration

In order to use the Services, we require you to register and create an account on the Site, select a password and provide registration information. The registration information you provide must be accurate, complete, and current at all times. In order to use the Services, we require you to register and create an account on the Site, select a password and provide a valid email address. You may not use an email address of another person or entity. You may also create an account using your existing account on Facebook or Google. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your 55Photos account. The Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 55Photos. By way of example, and not as a limitation, you agree not to use the Services and the Site:

  • To transfer any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, indecent, lewd, suggestive, harassing, threatening or that infringes or violate any copyright, patent, trademark or other right of any party;

  • For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;

  • To take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

  • To interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

  • To bypass any measures we may use to prevent or restrict access to the Site;

Content and Content Transferring

Please read this section carefully before transferring any Content using the Site. User content ("the Content") includes, but is not limited to, photos, images, tags, comments and EXIF info. By using the Services you grant 55Photos a perpetual, irrevocable, non-exclusive, royalty-free right to access, use, reproduce, make temporary copies and display the Content on or in connection with the Site and the Services. You acknowledge that:

  • By transferring your Content between your accounts at different websites using the Services you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content that you had prior to the Content transferring;

  • The license granted to 55Photos does NOT include the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties;

You represent and warrant that:

  • You are the owner of all rights, including all copyrights in and to all Content transferred using the site;

  • You have the full and complete right to enter into this agreement and to grant to 55Photos the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by 55Photos of the Content as contemplated herein;

  • You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against 55Photos, all of which such rights are hereby expressly and irrevocably waived by you in favor of 55Photos.

Fair Usage Policy

55Photos maintains a fair usage policy to ensure stable and fast service to all users. At the current beta testing stage only free accounts available and there is no transfer limit. However 55Photos may introduce limit on Content transferring using the Services at any time at its sole discretion.

Termination

You may terminate your 55Photos account at any time in your sole discretion. If you wish to terminate your 55Photos account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Notwithstanding anything to the contrary in these Terms, 55Photos reserves the right, without notice and in its sole discretion, to terminate your account and to block or prevent future your access to and use of the Site and the Services, at any time and for any reason or for no reason.

Hyperlinks and Third Party Websites

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray 55Photos or the Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time. The Site may provide links to third party websites or resources from the Site or the Services. You acknowledge and agree that 55Photos is not responsible or liable for the availability or accuracy of, and 55Photos does not endorse, such websites or resources or content, products, or services on or 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.

Advertisements and Promotions

55Photos may run advertisements and promotions from third parties on the Site or through the Services and may otherwise provide information about third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. 55Photos is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information or promotions on the Site or the Services.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge 55Photos, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless 55Photos, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) your access to or use of the Site, the Services and site content, or (iii) any violation of any rights of a third party.

Limitation of Liability

In no event will 55Photos, its officers, directors, employees or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site and the Services whether the damages are foreseeable and whether or not 55Photos has been advised of the possibility of such damages.

Disclaimer of Warranties

The Site and the Services (including without limitation the hosting services) are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. To the full extent permissible by applicable law, 55Photos disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and no infringement as to the Site, the Services (including the hosting services) and the information, content, products and site materials on or available through the Site or the Services. 55Photos does not represent or warrant that the Site, the Services or the information, content or site materials thereon are accurate, complete, reliable, current or error-free or that the site, its servers or email sent from 55Photos are free of viruses or other harmful components. 55Photos is not responsible for typographical errors or omissions relating to pricing, text or photography. 55Photos also makes no representation or warranty regarding the availability, reliability or security of the Site or the Services and shall not be liable for any unauthorized access to or any modification, suspension, unavailability, or discontinuance of the Site or the Services provided thereon. You are solely responsible for creating backup copies of any content you transfer using the Site.