Terms of Services
Effective Date: December 15, 2022
These Terms of Service ("Terms") govern your access to and use of the Photomoth platform and related services ("Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with the terms of these Terms, please do not access or use the Platform.
We may update these Terms from time to time. If we make material changes to these Terms, we will provide notice to you, such as by sending an email or posting a notice on the Platform. Your continued use of the Platform after the effective date of any changes will constitute your acceptance of the revised Terms.
You must be at least 13 years old to access and use the Platform. If you are between the ages of 13 and 18, you must have the permission of a parent or legal guardian to use the Platform.
You must create an account to access and use certain features of the Platform, such as posting photos or commenting on other users' posts. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
The Platform allows users to post photos, comments, and other content ("User Content"). You are solely responsible for your User Content and for ensuring that it does not violate any applicable laws or regulations. We have the right, but not the obligation, to review, monitor, or remove User Content that we determine in our sole discretion to be inappropriate or in violation of these Terms.
By posting User Content on the Platform, you grant us a non-exclusive, royalty-free, transferable, sublicensable, perpetual, worldwide license to use, reproduce, distribute, modify, create derivative works of, and publicly display your User Content for the purposes of providing and promoting the Platform.
You may not post any User Content that:
Infringes the intellectual property rights of any third party, such as copyright, trademark, or patent.
Contains personally identifiable information of another person, such as their name, address, or phone number.
Contains confidential or sensitive information, such as financial information or medical records.
Is unlawful, fraudulent, threatening, abusive, harassing, libelous, defamatory, or otherwise offensive or inappropriate.
The Platform offers paid subscription plans with enhanced features and services ("Pro Plans"). If you choose to upgrade to a Pro Plan, you will be required to provide payment and financial information. You are responsible for paying the fees for your Pro Plan on time and for any taxes or other charges associated with your use of the Platform. Please note that unlimited storage on Pro Plans is subject to fair use, and any abusive behavior is a violation of these Terms of Service and may result in the termination of the account.
All fees for Pro Plans are non-refundable, unless otherwise specified in writing. We reserve the right to change the fees for Pro Plans at any time, but we will provide you with advance notice of any changes.
We may terminate your access to the Platform at any time, with or without cause, and with or without notice. If we terminate your access to the Platform, you will no longer be able to access your account or any User Content that you have posted. We may also delete any User Content that you have posted, at our sole discretion.
We will not be liable to you or any third party for any termination of your access to the Platform.
Cookies and Tracking Technologies
THE PLATFORM AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms and your use of the Platform will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Any disputes arising out of or in connection with these Terms or the Platform will be resolved through binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes. The arbitration will be conducted in the English language in the State of California.
These Terms constitute the entire agreement between you and us regarding the Platform and supersede any prior agreements or understandings, whether written or oral. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.