Phombo.com Terms of Service

BY CREATING A USER ACCOUNT ON PHOMBO.COM YOU AGREE TO THESE TERMS IN THEIR ENTIRETY.

Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at Phombo.com (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by the Phombo.com development team. ("Phombo.com").

Phombo.com may modify or terminate 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, provided that when Phombo.com does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.

Phombo.com requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to Phombo.com a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have (i) made your album public, (ii) posted a link to your album or User Content on another website or (iii) otherwise shared a link or the password to your album or User Content.

1. Purpose and Description of Services

Phombo.com provides users with the ability to host a variety of content, including but not limited to images and video for purposes electronic publishing and sharing for such uses as eBay and other auctions, classified advertising, online journals, blogs, message boards, personal websites, social networking, and online photo albums. Any additions or modifications to the Services shall be in the sole discretion of Phombo.com 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. Phombo.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Phombo.com. Phombo.com encourages users to maintain their own backup of any content used in the Services. By using the Services you agree that Phombo.com shall not be liable to you for any modification, suspension or discontinuance of the Services or the loss of any User Content.

Phombo.com attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using Phombo.com, you may be exposed to this content. Under no circumstances will Phombo.com be liable in any way for any User Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via Phombo.com.

Phombo.com has the right to syndicate your uploaded content with third parties without your permission.

2. Restrictions on the use of the Services

By using the Services you agree that you will not:

  1. Use the Services for any illegal purpose;
  2. Upload, email or otherwise transmit any User 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. Phombo.com does not control User Content of users' accounts and does not have any obligation to monitor such content for any purpose, however, Phombo.com may chose to monitor such User Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;
  3. Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User 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;
  4. Upload, e-mail or otherwise transmit any User 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;
  5. Upload, email or otherwise transmit any User Content that includes code hidden or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video;
  6. Upload, email or otherwise transmit any User Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of Phombo.com. This includes, but not limited to, email spam and banner advertisements;
  7. Use the Services in any way for the furtherance of a commercial enterprise. To be clear, individual use for classified advertisements or auctions, for sites like Craigslist and Ebay are permitted, however, people or enterprises that derive a significant portion of their income from such pursuits may not use the Services for such purposes;
  8. Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your Phombo.com account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or
  9. Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.Phombo.com, and all linked pages (the Site.) or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  10. Promote or drive traffic to image pages by means of autosurfing, autoclicking via bots or web scripts, iframes or click exchanges.

Phombo.com 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. If you do violate these Terms of Service, Phombo.com reserves the right to share any information with any third party. In addition, Phombo.com reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

3. Age Requirements and Limitations on Use of Services

Users of the Services must be at least 13 years of age.

Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by Phombo.com. If Phombo.com determines that it has collected personal information of children under the age of 13, Phombo.com will immediately delete such information. Users are limited to one account per person. Users are limited to the file size, bandwidth and storage limitations related to their account level. Phombo.com reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system. Phombo.com has the right to change these limitations without notice to the user. In addition, Phombo.com reserves the right to terminate any account for non-use of longer than 90 days. Your account will also be protected by a password selected by you. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities that occur under your password or account. Please notify Phombo.com immediately in the event that you believe your password is no longer secure. Use of the Services is also governed by the Phombo.com Privacy Policy

4. Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by Phombo.com shall be the property of Phombo.com. Phombo.com shall be the owner of all copyright and database rights in the Services.

You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at Phombo.com. This license does not apply to any third party images stored at Phombo.com. Permission for use of such content must be obtained from the copyright owner. Phombo.com claims no ownership interest in the images posted by you at Phombo.com.

5. Copyright Infringement

Phombo.com respects the intellectual property rights of others. However, you agree that Phombo.com is not responsible for any violations of any intellectual property rights in any images or content posted to Phombo.com. You understand that by using these Services that your images will be publicly available to others and that Phombo.com has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact Phombo.com at [email protected]

Please provide:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Upon receiving your complaint, Phombo.com may, in its sole discretion, remove content that you believe infringes your copyright. In addition, Phombo.com may terminate the account of the user who appears to be infringing your intellectual property rights.

6. Disclaimer of Warranty and Limitations of Liability

Phombo.com expressly disclaims any responsibility or liability for the use of the Services by you. Phombo.com also disclaims any and all responsibility or liability for:

  1. the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.
  2. the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
  3. any harm resulting from downloading, or accessing any information or material through the site.

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL PHOMBO.COM BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PHOMBO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Indemnification

You agree to defend, indemnify, and hold harmless Phombo.com 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). Phombo.com 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 Phombo.com and its counsel in the conduct of such defense.

8. Forum and Choice of Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Florida, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9. Entire Agreement

These Terms of Service constitute the entire agreement between the you, the user, and Phombo.com with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Phombo.com and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Phombo.com are incorporated herein by this reference to the extent they do not conflict with these Terms of Service. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.