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Photows.com Terms of Service

Last Revised: December 4, 2016

Introduction

Please read these Terms of Service carefully before using the Photows.com website. By using this site you confirm that you, the User, have read, understand, and accepted these Terms of Service.

The Terms of Service outline your obligations when using the Photows.com website. We reserve the right to limit or terminate your access to this site if you do not comply with these Terms of Service.

Member Conduct

As a condition of use, you agree to not use Photows.com services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Photows.com. Photows.com members may not:

  1. abuse, harass, threaten, impersonate or intimidate other Photows.com members
  2. post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party
  3. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Photows.com member
  4. post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you
  5. create or submit unwanted email ("Spam") or messages to any other Photows.com members
  6. create multiple accounts for the purpose of voting for or against users' photographs or images or for the purpose of bypassing upload limits;
  7. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
  8. interfere with the operation of the Photows.com site or cause a disproportionately large load on our infrastructure.
  9. bypass any measures we may use to prevent or restrict access to the site
  10. attempt to impersonate another user or person
  11. infringe on Photows.com's intellectual property

User Content

You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Photows.com any of the following:

  1. User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public museum where minors visit
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law
  3. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
  5. Unsolicited promotions, political campaigning, advertising or solicitations
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
  7. Viruses, corrupted data or other harmful, disruptive or destructive files
  8. User Content that, in the sole judgment of Photows.com, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Photows.com or its users to any harm or liability of any nature.

Although we prohibit certain activities in these Terms of Use, Photows.com does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Site is at your own risk.

Photo Posting

Uploaded photos must be suitable for workplace viewing and family-friendly. Photographs that contain nudity or sexually suggestive themes are not allowed.

Non-photo images, such as graphic art, paintings, illustrations, screenshots, etc., are not allowed.

Photos or images that are advertisements for products, services, or other web sites are not allowed.

You must be the photographer and copyright holder, or have the permission of the copyright holder, to upload photos to Photows.com. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein. The User Content you supply must also be accurate and not misleading. You agree also that the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

You retain the copyright in any User Content you post on the Site. Photows.com does not claim ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant Photows.com a perpetual, nonexclusive and royalty-free right to use the User Content and the user information that is submitted in connection with such User Content, as is reasonably necessary to display the User Content and provide the Services on the Site.

You understand and acknowledge that any User Content contained in public postings, including any albums that are not designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. Photows.com will not be responsible or liable for any third party access to or use of the User Content you post.

Photows.com reserves the right to limit the number of photos a user may upload or store on the site. If there is a change to the photo storage limitation that results in your having more photos stored on the site than the new limit allows, all photos will still remain in your account and will remain accessible, but further photo uploads will not be allowed until you delete enough photos from your account to be under the limit. Current photo storage limits can be found on the Photows.com FAQ.

Your Account

Certain activities on the Site require you to register and create an account. By registering, you represent and warrant that all information you provide in the registration form is complete and accurate. Photows.com reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Photows.com may send important notices about your account or the Services to that email account.

Your Username may be displayed on various pages of our site and is therefore available to the public. Activity on our site is traceable to your User ID or Username. Other people can see your albums (unless you choose to make them private), comments, profile page, and so on.

Your account password is the key to your account. We recommend you use unique numbers, letters and special characters, and do not disclose your Photows.com account password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Photows.com and change your password.

Security

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not guarantee that your personal information or private communications will always remain private.

Collection of Information

You can browse our site without telling us who you are or revealing any personal information about yourself. Once you register and give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

We may collect and store the following personal information:

  • E-mail address, community discussions, correspondence through our site, and correspondence sent to us.
  • other information from your interaction with our site, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
  • information from other companies, such as demographic and traffic data

Marketing and Spam

We and our users do not tolerate spam. We do not rent or sell your e-mail information to third-parties. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.

Your e-mail address is not published, nor made available to any other Photows.com users. Photows.com users are not authorized to add other Photows.com users to any mailing lists (e-mail or physical mail) without their express consent.

Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, or protect anyone's rights, property, or safety.

We may also share your personal information with:

  • Third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
  • Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose only the information relevant to the investigation, such as name, e-mail address, User ID history, and IP address.
  • Other business entities. Should we plan to merge with or be acquired by that business entity, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Third Party Advertising

We use Google AdSense ads when you visit our Web site. They may use some information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

Cookies

Photows.com uses cookies on certain pages of our site. A "cookie" is a small text file that contains a string of alphanumeric characters. There are two types of cookies that may be used at the Photows.com website: a persistent cookie and a session cookie. A persistent cookie gets entered by your Web browser into the "Cookies" folder on your computer and remains in this "Cookies" folder after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. A session cookie is held temporarily in your computer's memory and disappears after you close your browser or shut off your computer.

A few important things you should know about cookies are that:

  • We offer certain features that are available only through the use of cookies.
  • We use cookies to help identify you and maintain your signed-in status.
  • Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
  • You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.

In the course of serving advertisements to this site, our third-party advertiser (Google) may place or recognize a unique "cookie" on your browser. Google's use of this cookie enables it and its partners to serve ads to users based on their visit to our sites and/or other sites on the Internet. This cookie will contain an identification number for the ad that you clicked on, and/or will contain an identification number for the site that you were visiting when you clicked on the banner ad. These cookies contain no personally-identifiable information, nor will they be used to send you e-mail about other goods or services. To opt-out of this advertising service please see the Google AdSense Privacy policy.

Violation of Terms of Service

Violations of Photows.com Terms of Services may result in a range of actions, including but not limited to:

  • content removal
  • limits on account privileges
  • account suspension or removal

Prolonged Period of Inactivity on a Photows Account

We encourage people to actively log in and use Photows after creating an account. Photows.com reserves the right to deactivate and delete your Photows account if you have not logged in for a consecutive period of twenty-four months (2 years). When a Photows.com account is deleted after a prolonged period of inactivity, the files contained in it (photos, albums, etc.) will be permanently deleted. Photows.com cannot be held responsible for any loss due to deactivating the content of a Photows.com account.

General Information

Photows.com cannot guarantee site up-time or that we will be around forever to display your albums and photographs, but we will do our best to ensure the site is running as smooth as possible with the least amount of down-time. Photows.com should not be used or relied upon for storage of your photographs and you are directed to retain your own copies of all Content posted on the Site. Photows.com cannot be held responsible in the event that files are lost or damaged.

All information and services offered through Photows.com are provided "as-is" and "as-available" without warranty of any kind. Photows.com will not be held liable for any damages of any kind that may result from the use of, or the inability to use, the site or any content or materials through the site.

Modification of Terms of Service

Photows.com reserves the right to change or replace our Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you through the site's built-in message system or via e-mail to the e-mail address saved in your Photows.com user account. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.