Terms and Conditions
Welcome to OurPhotos!
OurPhotos is a free online photo sharing service. It is all about allowing you to easily create photo albums, upload your photos and share those with others. However, for the protection of you and us, our partners and suppliers, the OurPhotos Terms of Use are very important. Members that violate these terms may have their Photo Albums deleted without prior notice.
These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and OurPhotos that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please email contact@ourphotos.net.au. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service
We hope you enjoy using OurPhotos!
UNACCEPTABLE CONTENT.
OurPhotos is a service for creating, storing and sharing personal photos. OurPhotos will delete your account along with all images without prior notice if you use OurPhotos for the following:
a. COPYRIGHTED MATERIAL Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
You represent and warrant that you own or otherwise control all of the rights to the media that you post; that you have received all proper permissions and/or releases relative to all media that you post; that use of the media you store in any public album does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify OurPhotos for all claims resulting from media you supply. OurPhotos has the right but not the obligation to monitor and edit or remove any activity or media. You understand and agree that OurPhotos takes no responsibility and assumes no liability for any media posted by you or any third party.
In other words, if you post photos or other media, you agree that you own the rights to the media or have permission to post them, and that you are not violating the rights of another photographer, producer, etc.
b. PORNOGRAPHY: The storage and/or display of pornography or sex-related images of any kind. It is at OurPhotos's sole discretion what constitutes pornography. Photo Galleries displaying or storing pornography will be deleted without notice, along with the users account. DO NOT USE OURPHOTOS TO STORE PORNOGRAPHIC CONTENT.
c. NON-PHOTO IMAGE DISTRIBUTION: The storage and/or display non-photographic images for distribution; this includes, but is not limited to: game screen captures, movie screen captures, wallpapers, tags, anime, animated .gifs, buddy-icons, avatars, emoticons, and signatures (sigs).
e. HATE: Blatant expressions of bigotry, racism, hatred, or profanity;
f. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal activities; this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties;
g. ILLEGAL MATERIALS Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes;
h. PHYSICAL HARM: Promotion of physical harm or injury against any group or individual;
i. DEFAMATORY: Material insulting to, or that could be considered defamatory or libelous to, other persons, institutions or companies;
j. EXPLOITATION OF CHILDREN: Material that exploits children;
k. COLLECTION OF PERSONAL INFORMATION: Material which attempts to collect personal information about users; Judgments as to the acceptability of content are at the sole discretion of OurPhotos, and OurPhotos reserves the right, and has absolute discretion, to remove or screen any photographs or other content posted or stored on the site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any content you post or store on the site at your sole cost and expense. Any use of OurPhotos in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use OurPhotos.
ALLOWABLE PHOTO FILETYPES
The following types of image files are allowed in your account:
- .gif (CompuServe Graphics Interchange format)
- .jpg/.jpeg (JPEG format)
PHOTO FILE SIZE AND DIMENSION RESTRICTIONS
The maximum individual file size is 2MB. Any individual files exceeding this limit will be rejected by the OurPhotos servers. We hope to increase the image size soon. Additionally, images which exceed 700 pixels x 500 pixels (width x height) will be scaled down to fit within these dimensions. This allows for quicker download and ensures images will display correctly within albums.
USE BY USERS
The OurPhotos Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by OurPhotos. OurPhotos reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the OurPhotos Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited.
Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges. OurPhotos reserves the right to take appropriate legal action for any illegal or unauthorized use of the OurPhotos Services.
OurPhotos does not claim any ownership rights in the images, photos or any other materials (collectively, "Content") that you post on or through the OurPhotos Services. OurPhotos performs technical functions necessary to offer the OurPhotos Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the OurPhotos Services.
PROTECTING COPYRIGHTS AND OTHER INTELLECUTAL PROPERTY
OurPhotos respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. OurPhotos has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the OurPhotos Services in a way that constitutes copyright infringement, please
SERVICE AVAILABILITY
Although the Site and other OurPhotos Services are normally available, there will be occasions when the Site or other OurPhotos Services will be interrupted for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of OurPhotos.
BACKUP
OurPhotos takes periodic backups of site content. This does not include user uploaded photos. OurPhotos is not intended to be used as a 100% reliable photo backup service.
If OurPhotos goes offline permanently (or temporarily) for any reason, OurPhotos will not be liable for any loss or damage of photos. Your photos and maintaining a permanent backup of your photos is your own responsibility.TERMINATION
OurPhotos may, in its sole discretion, terminate your account (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by OurPhotos elsewhere on the Site, or (ii) conduct OurPhotos believes is harmful to other OurPhotos users, the business of OurPhotos or its affiliates. OurPhotos will not be liable to you or any third party for any termination of your access to the Service.
SECURITY
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting
NO RESALE OF SERVICE
Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose, unless written approval has been provided by OurPhotos
INDEMNITY
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS OURPHOTOS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "OURPHOTOS AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT
ACTIONS TAKEN BY OURPHOTOS
Your failure to meet or follow any of the Terms and Conditions set forth by OurPhotos is grounds for account deactivation. OurPhotos will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. OurPhotos reserves the right to remove any account without prior notice. When OurPhotos becomes aware of an alleged violation of its Terms and Conditions, OurPhotos will initiate an investigation. During the investigation, OurPhotos may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, OurPhotos may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, OurPhotos will notify the appropriate law enforcement authorities of such violation. Should such violation take place, OurPhotos retains the right to communicate personally identifiable information to other interested parties in connection with law enforcement operations.
REPORTING VIOLATIONS
You can report abuse of these Terms to contact@ourphotos.net.au
CHANGES TO THE TERMS AND CONDITIONS
To help you track the changes to our Terms and Conditions Statement, the date of the material changes to our Terms and Conditions Statement will be noted here, October 31, 2011. This Terms and Conditions Statement may be changed at anytime.