Are You In My Photo Terms and Conditions
Welcome to Are You in My Photo! We’re glad you decided to join us. We’d like to just get you started looking for yourself and posting your excellent photos; however, our attorney insists that we do this thing first. Lawyers!
Seriously, we want to make sure that your rights and our rights are protected and that everyone in the Are You In My Photo community can enjoy a safe, fun and easy ride throughout our site and services. You’ll see that the Terms and Conditions mostly relate to you promising to be a law-abiding citizen, which we’re sure you are. Nevertheless, we want to be crystal clear about our expectations and your expectations, so please read them carefully before entering the site.
Ready? Take a deep breath. Here comes…
THE LEGAL STUFF
Agreement. It’s a good thing. So, we want you to know that by clicking that little button way down at the bottom and past all the shouting that you are agreeing to the Terms & Conditions (“Terms” for short) we’ve listed here and that by entering our Web site you signal to us that you accept them and agree to be bound by them. In other words, we now have a binding legal agreement. We have obligations and you have obligations. You have rights and we have rights. Binding legal contracts aren’t for everyone, so if you do not agree with the Terms and don’t want to have a contract with us, please do not access our site or use our services. We do fondly hope you’ll reconsider, of course.
Being a Member for Free. Also a good thing. We encourage it. Your free membership gives you access to almost everything on our site except some of the contests that have prizes. You can become a member if you are at least 14 years old. Please don’t sign up if you aren’t 14 or older. It’s not good for you and it’s not good for us. We’ll need information from you if you want to become a member: your name and a functioning email address.
Being a Paying Member. Sometimes the best things in life are free but sometimes they aren’t. Paid membership grants you access to our fun contests. If you’d like to become a paid member, we’ll also need credit card information, PayPal information, your billing address, phone number, etc. You know the drill. Because we will need this financial information from you, paid accounts are only available to our eighteen year-old plus users.
- To get info about how we’ll handle your personal info (paid or un), please see our Privacy Policy. It’s a part of our binding legal agreement, but it’s long so we put it on a separate page. Our attorney tells us to say that it is “incorporated herein by reference.” Also, we may have additional Terms relating to other parts of the site (like our contests). These terms are also “incorporated herein by reference” and are part of the binding legal agreement.
OUR STUFF/YOUR STUFF
The Web site and services are our stuff. They’re protected by copyright, trademark and some other kinds of laws. Please don’t take them (duh). In other words, you agree that you won’t, say, publish content from the site elsewhere, post it to message boards, print it all out and put it in a book, modify the content, alter it, spindle, fold or mutilate it, or anything like that.
This includes, by the way, agreeing not to frame or mirror anything on the site. Let us know if you’re having problems getting through and we’ll see what we can do.
BUT some of the stuff that make up the total Web site is other people’s stuff, including YOUR stuff. So you, in your kindness, are agreeing to let us use your photos, comments, etc. (how about “Content” for short?) for the purpose of, well, offering the services and providing the site that is the whole reason you are reading this. In lawspeak, this is a grant of a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content (photos, comments, etc.) only for the purpose of providing our services and running our Web site. Lawyers!
Uploading Your Stuff. When you upload Content to our site and use our services, the original resolution of the images may be affected depending on the upload speed you have. Also, if you upload an image with more than 5 megapixels of resolution, we may need to down-sample it.
Storing Your Stuff. This is up to you. Please keep your original Content or make back-up copies. We do not promise that your Content will not be damaged or corrupted, although we will try hard to make sure it isn’t.
ON A RELATED POINT–HOW (NOT) TO USE OUR SITE AND SERVICES.
This is a site for your personal use only. See? For your personal use ONLY. This means that you agree you won’t use it for commercial purposes (i.e. to make cash or help you make cash). This includes the original code, for all you tech people out there. We worked hard on this! For you!
Also, because it’s our site and we’re nice people who want our members to have some good, clean fun, we’re not going to let certain content on the site. You can imagine what this is but we’ll tell you some of it: pornography, hate speech, harmful speech, obscene stuff, mean stuff, defamatory libelous slanderous stuff—you know, the bad stuff. You agree first of all that you won’t upload this kind of material and, if you do, we’re agreeing to take it down if we see it. We’re sure you won’t but there might be other “you”s out there who might. And, the world being what it is sometimes, we may need to take down other, newer, worse or equally bad kinds of content. You accept the fact that this might happen and that we’re going to decide what can and can’t be uploaded or displayed on the site.
Note for naughty techies: this includes viruses, malware and the like.
Finally (and this is really to protect both of us), you promise that the Content you upload to the site isn’t copyrighted by anyone else but you and, if it is, that you have the written permission of the copyright owner to use it.
WHAT HAPPENS WHEN THINGS GO WRONG
Unfortunately, they do sometimes.
Copyright Infringement
If you believe your copyright or the copyright of anyone else has been infringed on our site, please provide our very own Registered Copyright Agent with a written notice (email is fine) that contains the following information:
- A description of the work you believe has been infringed;
- A description of its location on the site;
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the use is, in fact, infringing;
- A statement made under penalty of perjury that the above information in your notice is accurate and that you are either the copyright owner or are authorized to act on his, her or its behalf; and
- Your signature (digital or physical).
Please send your notice to copyright@areyouinmyphoto.com. Once we receive your notice, we will take appropriate steps, including reviewing the content and taking it down if required, all in accordance with the Digital Millennium Copyright Act.
Abuse of the Terms, the Site or Our Services
Please let us know if you feel that there is someone abusing the Terms we’ve listed here at abuse@areyouinmyphoto.com.
Indemnity
If you (or someone using your account) happen to get sued or otherwise in trouble as a result of using this site, you agree to indemnify, defend and hold harmless Are You In My Photo LLC from an against any such claims. This includes any damages or liabilities, expenses and costs that are incurred as a result of your use. Also, in this section and the sections that follow, when we say Are You In My Photo, we mean Are You In My Photo LLC, and also its directors, officers, employees, affiliates, licensors, suppliers, information providers and agents.
Limitations on Our Warranties and Liabilities
You understand, of course, that we can’t promise you won’t be upset by something you see on the site or that it will work flawlessly. We want to make sure you understand that Are You In My Photo can’t be held liable for any claim that arises from or relates to any content available on the site or through your use of our services, or any losses or damages incurred as a result of the content or the services. This is true whether you bring the claim or a third-party acting through you does. As part of this, Are You In My Photo expressly disclaims all warranties of any kind, whether express or implied.
If you catch a virus from us, let us know as soon as possible and we’ll try to take care of it quickly. We’ll make every effort to make sure that the site and the services run smoothly and error-free but we don’t promise that they will (alas).
However, you should know that some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
In other words, you agree that if you use our site and service that it is your responsibility. Believe us, we really want this to work for you! But in the event that it doesn’t, we request that you take the responsibility.
Termination
We hope it will never happen but if you violate the Terms above or anything else we may add from time to time, we reserve the right to terminate your service without any explanation. Of course, our first action will probably be to talk to you about what’s going on in the hopes that we can come to an understanding, but if they’re flagrant and repeated violations, we probably won’t.
You, too, may terminate your membership with us at any time and without telling us why (although we hope that you do). Dues for premium memberships will not be refunded if you terminate your membership.
To delete your account, please send an e-mail to webmaster@areyouinmyphoto.com and all of your information will be removed.
Choice of Law
If there is a dispute, you agree that it will be resolved in the state and federal courts of California. You consent to personal jurisdiction and venue by these courts.
Failure to Enforce/Unenforceability
If we do not exercise or enforce a particular Term, you agree that this does not mean we have waived the right to do so. Also, in the unlikely event a dispute arises and we all go to court, if the court finds that one of our Terms is invalid, you agree that the court should try to give effect to what the two of us—Are You In My Photo and you—meant or understood when we were drafting or agreeing to that term.
Statute of Limitations
Regardless of laws to the contrary, you agree that you must bring any claim or cause of action against us relating to our site or services or these Terms within one year after the action arose, or else the claim will be barred.
THE ENTIRE AGREEMENT. We’re almost finished! Just a quick reminder that these Terms and the terms and conditions “incorporated herein by reference” make up the entire agreement between Are You In My Photo and you. If we make changes, they’ll be prospective only and then will become part of our agreement (don’t worry, we’ll tell you if they do change!) If there is a conflict between these Terms and any terms listed on anything else you get from us (emails, marketing materials and such), these Terms always control.
Wow! You made it! And we’re so happy you’ve decided to join us!
