Term of Use

 


Terms of use

Welcome to http://photofunapp.com/, (the "Site"). Please review the following Terms of Use ("Terms") before using this Site so that you ("You" or "Your") are aware of Your legal rights and obligations with respect to PhotoFun Ltd., its affiliates and subsidiaries (individually and collectively, "PhotoFun" or "We").
We reserve the right, at our discretion, to modify these Terms at any time. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.

1. Your Acceptance
By using or visiting the Site, including without limitation contributing to or viewing the Site's Content (as defined below), You signify Your consent to (1) these Terms and (2) the Privacy policies located at the Privacy section and the (3) Copyright statement located at  http://photofunapp.com/?id=2  ("Privacy Policy"). These Terms apply to all users of the Site. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein.

2. Services
The Site provides website software tools and information and enables You to access and use the PhotoFun on-line platform service ("Services"). You agree that use of the Services is governed by the terms of the Partner agreement and any related agreements ("Partner Agreement"). In the event of any conflict between the terms of the Partner Agreement and these Terms, the terms of the Partner Agreement shall govern and control.

3. Ability to Accept Terms
To use PhotoFun's services You should confirm that You are over the age of 18 or the legal age at your local jurisdiction.

4. Website Access

  • PhotoFun hereby grants You permission to use the Site, provided that: (i) You will not copy, distribute or modify any part of the Site without PhotoFun's prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
  • In order to access some features of the Site, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify PhotoFun immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of PhotoFun or others due to such unauthorized use. PhotoFun will not be liable for Your losses caused by any unauthorized use of Your account.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the PhotoFun servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  • PhotoFun has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.



5. Links The Site may contain links to third party websites that are not owned or controlled by PhotoFun. PhotoFun is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, PhotoFun will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release PhotoFun from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.

6. Report
PhotoFun is committed to the privacy and safety of its Partners and their End-users (as such terms are defined in the Partner Agreement). If You have any concern about Privacy or Security issues related to the Site or Services please contact us at your earliest convenience: admin@photofun.com.

PhotoFun respects the legal rights of third parties. If You have a reason to believe that any of our Partners has infringed upon your legal rights (including but not limited intellectual property rights) or violated the terms of the Partner Agreement while utilizing the PhotoFun platform, we encourage You to report it to us at Your earliest convenience. As soon as we receive Your notification, we will, at our discretion, examine your complaint and take the necessary measures to resolve it. Please email: info@PhotoFun.com.


7. Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PHOTOFUN, THE SITE (INCLUDING THE CONTENT AND ANY SERVICES PROVIDED THEREBY) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, PHOTOFUN DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT PHOTOFUN WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PHOTOFUN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOFUN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES SHALL PHOTOFUN, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF PHOTOFUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE PHOTOFUN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnity
You agree to defend, indemnify and hold harmless PhotoFun, its affiliates, its partners, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of the terms which apply to Your User Submission; (iv) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.


9. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by PhotoFun without restriction.


10. General
PhotoFun reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, the Privacy Policy and the relationship between You and PhotoFun are governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You and PhotoFun agree to submit to the personal and exclusive jurisdiction of the state courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by PhotoFun on the Site, shall constitute the entire agreement between You and PhotoFun concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. PhotoFun reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. YOU AND PHOTOFUN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Now with PhotoFun you never have to go searching for your pictures. While you are on your computer doing everyday things your pictures will be shown to you.
 
-->