Terms of Service
Your Content and Your Permissions
When you use our Services, you provide us access to your images (“Your Content”). Your Content is yours. These Terms give us only limited rights to Your Content to enable us to offer the Services. We need your permission to do things like sharing your photos manually or automatically. Our Services also provide you with features like photo thumbnails, easy sorting, manually sharing, and searching using image and face recognition. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things and this permission extends to trusted third parties we work with.
Sharing Your Content
Our Services let you share Your Content with others, so please think carefully about what you share. Our Services also may share Your Content automatically, and while we strive for accuracy with this feature, we do not guarantee the accuracy or completeness of this or any other features of the Services.
You may use the Services only for your personal, non-commercial use and may not use the Services for any revenue generating endeavor, commercial enterprise, or any other purpose (legal or illegal). Systematic retrieval of data or contents from the Services to compile a database or directory is prohibited.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access the Services using a method other than the interface and the instructions we provide. You may not take any action that imposes or may impose an unreasonable or disproportionately large load or excessive traffic demands of the Services.
You’re responsible for your conduct with Your Content and your compliance with these Terms. Content in the Services may be protected by others’ intellectual property rights. Please don’t share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
You may not copy, modify, create derivative works from, or reproduce or distribute any aspect of our Services, including without limitation, its content, logos, design, and arrangement. You may not reverse engineer or decompile any portion of the Services, or assist anyone in doing so.
Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, our trademarks, logos and other brand features. Without limiting the foregoing, except as otherwise required or limited by law, any reproduction, distribution, modification, retransmission, or publication is prohibited. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for several consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PhotoKharma AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF The SERVICES. Company MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES Company MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY Of THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PhotoKharma, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT PhotoKharma HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. If, notwithstanding the other provisions of these Terms, WE ARE found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of THE SERVICES, OUR liability shall in no event exceed the greater of (1) the total of any fees paid BY YOU TO US in the six months prior to the date THE CLAIM IS ASSERTED FOR ANY feature OF THE SERVICE RELEVANT to the CLAIM, or (2) US$100.00.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting dispute-notice@PhotoKharma.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or PhotoKharma may bring a formal proceeding.
We Both Agree To Arbitrate. You and PhotoKharma agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the New York county, or any other location we agree to.
Arbitration Fees and Incentives. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
Exceptions to Agreement to Arbitrate. Either you or PhotoKharma may assert claims, if they qualify, in small claims court in New York County, New York. The foregoing dispute resolution provisions of this Agreement shall not prevent either party from seeking or obtaining injunctive relief from a court of competent jurisdiction.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and PhotoKharma agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, NY. Both you and PhotoKharma consent to venue and personal jurisdiction there.
These Terms will be governed by New York law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and PhotoKharma with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
PhotoKharma’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. PhotoKharma may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.