TERMS OF PASSPORTPHOTOONLINE (the “Agreement”)
The Agreement was last updated on [2017-09-01].
If you are using or ordering the Company’s service(s), related service(s) and/or purchasing a Product on behalf of a Company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
The Company reserves the right to modify this Service Agreement and the Services from time to time at our sole discretion and such modification shall be effective upon posting such modifications on the Site. Your acceptance of such changes shall be signified by Your continued use of the Services and/or Site. Thus, it is important that You review this Service Agreement regularly. You may review the current version of the Service Agreement at any time at this http://www.passportphotoonline.com/terms/
No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
THESE TERMS OF SERVICE ALSO INCLUDE VARIOUS LIMITATIONS OF LIABILITY AND DISCLAIMERS THAT YOU ARE SUBJECT TO, AND THE COMPANY DOES NOT PROVIDE ANY WARRANTIES FOR THE USE OF THE SITE OR SERVICES.
1. REGISTRATION CRITERIA
Use of and registration for the Site is void where prohibited. By using the Site, You represent and warrant that You are 13 years old or older, and that You agree to and do abide by all the terms and conditions of this Service Agreement. Use of the Services is limited to only to people who are 18 years old or older.
By using the Services, You represent and warrant that You are 18 years old or older, and that You agreed to and do abide by all the terms and conditions of this Service Agreement. In consideration for using the Site or Service, You warrant that (a) all registration information You submit is truthful and accurate and (b) You will maintain the accuracy of such information. You also agree not to impersonate any person or entity, misrepresent Your age or affiliation with any person or entity, or otherwise misrepresent Your identity on the Site.
2, PERSONAL AND BUSINESS ACCOUNTS
In order to use the Services and some of the features of the Site, You are required to register and provide certain personal information. It is Your responsibility to maintain the confidentiality of any information provided, including Your account password, monitor all activities that occur in connection with Your account, and to notify us of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason, including as described in Section 3 below.
3. TERMS AND TERMINATION
This Service Agreement and any posted revision to this Service Agreement shall remain in full force and effect while You use or access the Services. You may terminate Your Membership at any time by email to Contact Us. The Company may terminate or suspend Your account or ability to use the Site if You breach these Terms of Service or if You are suspected of involvement in any illegal activity. Any termination or suspension of Your account could prevent You from accessing Your account, the Site or any content You may have uploaded or posted to the Site or any other related information.
RESTRICTION ON USE OF THE SITE OR THE SERVICES
You agree not to:
a. use the Site or Services to defame, threaten, stalk, defraud, incite, harass or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site or Services;
b. use the Site or Services to transmit or post spam, junk email or other mass messages, whether commercial in nature or not;
c. use the Site or Services for promotional or commercial purposes, except as expressly permitted by the Company;
d. use the Site or Services to promote bigotry or discrimination against any legally protected class;
e. use the Site or Services to violate any third party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
f. use the Site or Services in violation of the Terms of Service or any applicable law; and
g. modify or remove any copyright, trademark or other proprietary rights notice on the Site or on any materials copied or printed off of the Site or modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, the Services, Company’ content or Third Party content, except as expressly authorized by the Company.
USER GENERATED CONTENT
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Sites or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as "User Generated Content." Users assume the following obligations with User Generated Content:
Users assume legal responsibility for all User Generated Content.
Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Sites or Services.
Users agree not to post, transmit, or share User Generated Content on the Sites or Services that User does not have permission to post, transmit or share.
Company assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Site or in connection with the Services. Company does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Company and under no circumstances will Company be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Site or otherwise provide to Company. Notwithstanding its lack of obligation, Company may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Company violates this TOU or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Company assumes no obligation to maintain or store your content. Company may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in account level, Services cancellation, or violation of the Service Agreement; once deleted, User Generated Content may not be retrieved.
Company's Permitted Use of User Generated Content and User Data.
Company does not claim ownership of User Generated Content. Subject to the rights granted to Company in this Service Agreement, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Sites, you authorize and direct Company to make such copies as Company deems necessary to facilitate the posting and storage of User Generated Content on the Sites and provide the Services to you.
You further authorize Company to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize Company to use such content and data, by way of example and not limitation, to enable Company to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third party account or profile), you grant Company, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Sites or Services.
4. ACCOUNT TERMINATION POLICY
To access the Site or Services, you may have to create an account. Company policy is to delete accounts that have been inactive for two years. In addition, Company reserves the right to determine whether any Content is appropriate for the Site. Examples of Content that is clearly inappropriate (and thus is subject to removal) include: pornography, obscene or defamatory material. Company may allow Users to flag Content as inappropriate. Any Content that has been marked inappropriate may be removed without notice, subject only to the sole discretion of Company. The Company reserves all rights to terminate accounts for such violations.
5. CURRENCY, FEES AND TAXES
Payment and Fees will be listed in US currency.
6. COMPANY PROPRIETARY CONTENT AND OTHER RIGHTS
Company (possibly subject to licensing agreements with third parties) owns certain text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“Company Content”). Company (also possibly subject to licensing agreements with third parties) owns own the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Site. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Company Content except as expressly authorized in writing by Company in writing.
All information relating to our Users is stored on a highly secure server, and all credit card information is stored in an encrypted format by PAYPAL. As a general rule, we do not permit third parties access to Your personal, credit card or financial information, nor do we share, sell or trade information collections via surveys.
The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services, the modified version will take effect upon the next Service.
Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
9. NO WARRANTY
COMPANY PROVIDES THE SERVICE AND THE SITE “AS-IS” WITHOUT EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT AND INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MOREOVER, COMPANY DOES NOT WARRANT THAT THE SITE, SERVICE OR CONTENT WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
YOU AGREE TO INDEMNIFY COMPANY AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CO-BRANDERS, PARTNERS, EMPLOYEES AND APPLE STORE FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE OR SERVICE,YOUR ACCESS AND USE OF THE SITE OR SERVICES, YOUR CONNECTION TO THE SITE OR SERVICE, YOUR VIOLATION OF THIS SERVICE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT COMPANY CANNOT PROVIDE ACCESS TO THE SITE OR SERVICES TO YOU AT A REASONABLE PRICE WITHOUT LIMITING ITS LIABILITY AS SET FORTH HEREIN, SO AS AN EXPRESS CONDITION OF USE OF THE SITE OR SERVICES, YOU AGREE TO LIMITED COMPANY’S POTENTIAL LIABILITY TO YOU AS DESCRIBED IN THIS SECTION 12. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
SUBJECT TO THE PROVISIONS OF THE TERMS AND CONDITIONS CONTAINED HEREIN, THE MAXIMUM LIABILITY OF THE COMPANY TO THE CLIENT FOR BREACH OF ANY OF ITS OBLIGATIONS HEREUNDER SHALL BE LIMITED TO THE PURCHASE PRICE (PROVIDED THAT THE PURCHASE PRICE HAS AT SUCH TIME BEEN PAID BY THE CLIENT IN FULL).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: ( i ) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; ( ii ) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; ( iii ) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ( iv ) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR BY USE OF THE SERVICE; OR ( v ) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
13. ARBITRATION AND APPLICABLE LAW
You agree that this Service Agreement constitutes the complete agreement between Company and You with respect to all Services provided by the Site, and supersedes all prior agreements between Company and You. This Service Agreement is governed by the laws of the State of Washington, U.S.A., without regard to its conflict of law provisions. The parties hereby submit all controversies, claims and matters of difference arising under this Service Agreement to arbitration in King County, Washington. Without limiting the generality of the foregoing, the following shall be considered controversies for this purpose: (a) all questions relating to the interpretation or breach of this Service Agreement, (b) all questions relating to any representations, negotiations and other proceedings leading to the execution hereof, and (c) all questions as to whether the right to arbitrate any such question exists.
If any provision of Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. Company’s failure to act or Your failure to act with respect to a breach does not waive Company’s rights or Your right to act subsequently. You may not assign or transfer rights or delegate any duties under this Service Agreement. Company may assign its rights or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets.
14. FORCE MAJEURE
Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
Nothing in the Agreement prevents the Company from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Client where permitted to do so.
The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
17. ENTIRE AGREEMENT
The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.
Any notices to Company must be addressed to Contact us. You consent to Company sending You any required legal notices in electronic form, which will typically be provided to You via email at Your registered email address. Notices provided to You by email will be deemed given and received on the transmission date.
20. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY POLICY
If You believe that Your proprietary rights have been violated in a way that constitutes copyright infringement, please notify Company at Contact us by providing all of the following in writing: identify the copyrighted work that You claim has been infringed (or if multiple copyrighted works, then a representative list of such works); (1) identify the copyrighted work You claim has been infringed or if multiple copyrighted works, then a representative list of such works on the Site; (2) identify the material on the Site that You claim is infringing and that is to be removed with enough detail so that we may locate the material; (3) provide a statement that You have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that You are the owner of the copyright interest involved or that You are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and email address; and (6) Your physical or electronic signature. Upon receipt of notice as described above, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the Site or termination of the posting account.
21. CONTACT US
The Company welcomes your questions or comments regarding the foregoing Terms. Please go to Contact Us page to submit your questions.