Before you use this site and any of its services, please read and understand this
Terms of Service agreement (the "Agreement") carefully. The agreement will govern your
use of the services provided by Portfoto.com and/or SnapsOf.com (the "Services").
The Services are provided to you by us (Portfoto.com, SnapsOf.com, Phused Media Labs, LLC) through the Portfoto.com and/or SnapsOf.com website
(the "Site"). By using the Services and/or by registering with Portfoto.com and/or SnapsOf.com, you become a
user of the Service (a "User"), and you agree to be bound by the terms and conditions of this Agreement
(the "Terms").
Do not use this site or associated services if you do not agree with these Terms and/or this Agreement.
Portfoto.com, SnapsOf.com, Phused Media Labs, LLC reserve the right at any time to:
Change the terms and conditions of this Agreement
Change any fees or charges for using the Service
Change the Site, including termination of the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.
Portfoto.com, SnapsOf.com, and Phused Media Labs, LLC requires a license to your Provided Content ("Content") in order for the Services we provide to host your Content on its infrastructure and otherwise perform and execute the Services. This license is temporary and will terminate once you remove your Content from Services. Accordingly, in connection with your use of the Services, you grant to Portfoto.com, SnapsOf.com, and Phused Media Labs, LLC a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any Content as needed to perform and execute the Services.
DESCRIPTION OF SERVICES:
Portfoto.com, SnapsOf.com, and Phused Media Labs, LLC provides users with the ability to host and publish a variety of content, including but not limited to video, images, documents, and text for the purposes of on-line, electronic publishing and sharing to other users of the Internet. Any additional Services or modification to the Services shall be in the sole discretion of Portfoto.com, SnapsOf.com, and Phused Media Labs, LLC and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term.
AVAILABILITY:
Portfoto.com, SnapsOf.com, and Phused Media Labs, LLC uses reasonable efforts to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that may arise from time to time; or (iii) causes beyond the control of Portfoto.com, SnapsOf.com, and Phused Media Labs, LLC or that are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You agree that Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC has no control of availability of the Services on a continuous or uninterrupted basis.
By using the Services you agree that Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or the loss of any Content. We encourage users to maintain their own backup of any content used in the Services.
USE OF THE SERVICES:
You shall be solely responsible for providing, updating, uploading and maintaining your Content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your use of the Services, including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your Content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services.
You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC if, for any reason, Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC takes corrective action with respect to Your improper or illegal use of its Services.
Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC reserves the right at all times to disclose any information as Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC sole discretion.
You understand that by using the Services, you may be exposed to offensive, indecent or objectionable content. Under no circumstances will Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services provided by Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC.
Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
By using the Services you agree that you will not:
· Use the Services for any illegal purpose;
· Upload, email or otherwise transmit any Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC does not control Content of users' accounts and users of the Services and does not have any obligation to monitor such content for any purpose; however, Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC may chose to monitor such Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;
· Upload, email or otherwise transmit any Content that you do not have the lawful right to transmit (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Content that would violate the right of privacy or publicity of any public or non-public persons;
· Upload, e-mail or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
· Allow any third parties to use your account or the Service for their own behalf. Your use of the Services should be limited solely on your own behalf;
· Interfere with or disrupt (or attempt to interfere with or disrupt) any and all Services provided by Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC or servers or networks connected to Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC.
Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC reserves the right at all times to terminate your account, and delete any and all User Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service.
ACCOUNT SECURITY:
You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC immediately of any unauthorized use of Your account or any other breach of security. You agree Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC specifically disclaims liability for any activity in Your account, whether authorized by You or not.
COPYRIGHTS:
All trademarks, brands and service marks used in conjunction with the Services by Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC shall be the property of Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the approved use of the Services for the publication of your Content by means of Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC. Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC claims no ownership interest in the Content provided and/or published by you by mean of Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC Services.
You understand that by using these Services that your Content will be publicly available to others and that Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content.
DISCLAIMER OF WARRANTY.
PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC PROVIDES THE SERVICES, THE SITE, AND SOFTWARE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICES, THE SITE, OR THE SOFTWARE. PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICE, THE SITE, OR THE SOFTWARE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
LIMITATION OF LIABILITY.
IN NO EVENT WILL PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC'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 PORTFOTO.COM, SNAPSOF.COM, AND/OR PHUSED MEDIA LABS, LLC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
You agree to defend, indemnify, and hold harmless Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC and its counsel in the conduct of such defense.
This Agreement, accepted by you upon use of the Service, contains the agreement between you and Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC regarding the Service and the Site, including the Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership and/or use of the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Portfoto.com, SnapsOf.com, and/or Phused Media Labs, LLC. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please check this agreement regularly, as they may be updated from time to time by.
Some of our extended services, including but not limited to domain name registration, are provided by resellers and hosting partners. Therefore,
those associated agreements shall also be accepted. Legal Agreements.
Updated: 6/25/2007
