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.
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.
By using the Services you agree that you will not:
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.
Users of the Services must be at least 13 years of age.
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.
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]
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.
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:
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.
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.
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.
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.