Photosleeve Terms of Service

By using the Photosleeve web site and associated applications (“Service”), a service of Inner Fence, LLC (“Inner Fence”), you agree to the following terms and conditions (“Terms of Service”). Please read these Terms of Service carefully before using the Service. If you do not agree to be bound by the Terms of Service, you should discontinue use of the Service immediately. Violation of the Terms of Service will result in the termination of your Account.

Inner Fence reserves the right to revise our site, policies, and these Terms of Service at any time and without notice. Any enhancements or updates made to the current Service shall be subject to the Terms of Service. The current version of the Terms of Service is available at: http://www.photosleeve.com/tos

General Terms

  • You must be at least 13 years of age to use this Service.
  • You must provide a valid email address and any other information necessary to complete the signup process.
  • Your account may only be used by one person. Sharing one account with multiple people is not permitted.
  • You are responsible for keeping your password secure to prevent others from accessing your account.
  • You are responsible for any activity that occurs under your account.
  • You are responsible for ensuring that all Content that you submit to the Service adheres to the Content and Copyright section of the Terms of Service.
  • You agree to use the Service at your own risk, understanding that Inner Fence is not responsible for ensuring that all Content adheres to the Content and Copyright section of the Terms of Service.
  • Inner Fence does not claim ownership of your Content; however, by submitting Content to the Service you grant Inner Fence certain rights. For more details, see Content License.
  • You may not use the Service for illegal or unauthorized purposes, including violation of local laws.
  • Registering accounts using automated methods, including “bots”, is not permitted.
  • Content accessible to the public may be promoted and linked by Inner Fence as example uses of the Service.

Termination

You can terminate your Account at any time by sending a notice to support@photosleeve.com.

Inner Fence, at its sole discretion, has the right to suspend, terminate, or disable your Account and access, with or without cause, at any time, and for any reason, effective immediately. Termination of an Account will result in disabling or deletion of your Account, and the removal of all Content associated with your Account with or without notice.

The Service may be modified or terminated, temporarily or permanently, for any reason and without notice.

Privacy

The Service’s Privacy Policy is incorporated into the Terms of Service by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

You agree and understand that Content, including personally identifiable information, you create or add to the Service may be transmitted and stored on servers located in the United States.

Content and Copyright

We desire the Photosleeve community to be open, safe, and non-threatening. Inner Fence does not pre-screen Content, but Inner Fence may remove Content and, at our discretion, terminate Accounts containing Content that violates the Terms of Service. Removal of Content and termination of Accounts is up to the sole discretion of Inner Fence and may occur without notice. You may report inappropriate content to abuse@photosleeve.com.

Content License

Inner Fence does not claim ownership over the photographs, videos, media, or other material you submit to the Service.

Unless indicated otherwise, by submitting Content to the Service, you grant Inner Fence a worldwide nonexclusive royalty-free right to publish, distribute, and display the Content in order to provide the Service. Additionally, you agree that Inner Fence may keep back-up copies of Content indefinitely.

By submitting Content to the Service, you represent and warrant that you are the copyright owner for the Content or that your submission of the Content is otherwise authorized by the copyright owner, its agent, or the law.

You understand and agree that Inner Fence, and its affiliates and suppliers, take no responsibility and assume no liability for any Content that you or any other party submit to the Service.

Inappropriate Content

Inappropriate content includes, but is not limited to, content which we may determine, at our sole discretion, to be unlawful, sexually explicit, offensive, threatening, libelous, obscene, otherwise objectionable, non-photographic, intended primarily for consumption by other web sites (e.g. web site graphics, forum avatars), or otherwise in violation the Terms of Service.

By submitting Content to the Service, you represent and warrant that the Content will not cause injury to any person or entity.

While Content must adhere to the Terms of Service, Inner Fence is not responsible for Content on the Service and is under no obligation to pre-screen Content.

Excessive Usage

If your bandwidth or storage usage significantly exceeds the average bandwidth and storage usage of other users of the Service, as determined solely by Inner Fence, we reserve the right to immediately disable your account, throttle your bandwidth usage, make your Content inaccessible, or take any other measures necessary until you can reduce your usage.

Accessibility of Content

Content on the Service may be shared publicly. By submitting Content to the Service, you agree to allow anyone to view and share your Content.

Although the Service may provide features which attempt to limit the distribution and/or discoverability of certain Content (e.g. friends-only sharing), Inner Fence makes no guarantee that any such measures will always work, and takes no responsibility for public disclosure of Content on the Service.

Copyright Infringement Notices

To submit a notice that Content available on the Service is infringing on a copyright that either you are the owner of or are authorized to act on behalf of the owner, please use the following format:

  • Identify the copyrighted work, with sufficient detail, that you claim has been infringed upon.
  • Identify the material, with sufficient detail, that you claim is infringing the copyrighted work.
  • Provide information sufficient to permit Inner Fence to contact you, such as an address, telephone number, and email address. An email address is preferred.
  • Include the statement, “I have a good faith believe that the user of the copyrighted content that is identified is not authorized by the copyright owner, its agent, or the law.”
  • Include the statement, “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the written notice to:

Attn: Copyright Agent
Inner Fence, LLC
16541 Redmond Way, 464-C
Redmond, WA 98052
abuse@photosleeve.com

Communication

Inner Fence reserves the right to contact you at the email address you provide with service status, news, updates, and other information about the service and your Account.

Advertising

Inner Fence may serve advertisements either directly or through a third-party ad network. Inner Fence, in some cases, may not control the content of these advertisements and is not responsible for their content.

Merger or Acquisition

You agree and understand that in the event that the Service is acquired, in whole or in part, by a third party, your Account information and Content will be transferred to the new owner. Any new owner will be obligated to adhere to the pre-existing policies outlined in the Terms of Service until you accept a new version of the Terms of Service.

Choice of Law

The Terms of Service shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions.

Indemnification

You agree to indemnify, save, and hold harmless Inner Fence, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of your use or misuse of the Service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and convenants made by you herein. Inner Fence reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Inner Fence. Inner Fence will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Severability

If any provision of the Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Headings

The headings in this agreement are for convenience purposes only. They do not constitute a part of the Terms of Service and shall not be deemed to limit or affect any of the provisions contained in the Terms of Service.

Entire Agreement

This is the entire agreement between you and Inner Fence relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Terms of Service shall not be modified except in writing, signed by both parties, or by a change to the Terms of Service made by Inner Fence as set forth above.