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Welcome to PhotoThru.com. Experience the New World of Digital Photography.
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Terms and Conditions

 

Introduction

 

Welcome to Photothru.com.

 

Photothru.com provides members a fun, safe and easy way to process, print, digitalize, store, organize, and share photographic images.

 

This agreement describes the terms and conditions applicable to your use of Photothru.com services.

 

We may amend this agreement at any time. Terms may be changed or updated at any time without notice, but you can always find the most recent version here.

 

It is important that you carefully review the Terms and Conditions set out below before you enter the Photothru.com site or use any of the Photothru.com services.

 

We suggest that you periodically check this page to make sure you are up to date.

 

By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them.

 

Acceptance of the Terms creates a binding legal agreement between you and Photothru.com that you will use the Service only in a manner that is consistent with the Terms.

 

 

Status of Active Membership

 

Service is available to anyone 13 years of age and older who provides all required information including their name, and an accurate and valid email address as their user ID.By accepting these terms of service you signify that you are over the age of 13.

 

Membership is limited to one account per person, and Photothru.com reserves the right to delete multiple accounts at our sole discretion without notice to the member.

 

While your photos are in the Photothru.com archive storage, you will be able to view and share them for free as long as you are an active customer.

 

Photothru.com will store your photos for free in our online archive storage area as long as you maintain an active customer status. You will be an active customer as long as you purchase products or services from Photothru.com within a twelve-month period and you visit and see your online photo album at least once every three month period. If you become inactive member, we email you a notification of termination. You can remove your image within 2 weeks or send us email to extend your free membership at support@photothru.com. We will extend your free membership for one more year. These terms and conditions are subject to change upon notice sent to your email address in our records.

 

If you have questions about the Terms, please contact us at support@photothru.com.

 

If you do not agree with the Terms, do not proceed to access the Site or use of the Service.

 

 

Copyright and Trademark

 

Photothru, Photothru.com and all related graphics, logos and service names are trademarks of Photothru.com.

 

Photothru product names, service names, slogans or logos referenced in this site are trademarks or registered trademarks of Photothru.com.

 

Third party trademarks used in connection with this service are the property of their respective owners.

 

You should assume that all of the content or other works made available to you through the service is protected by copyright or other property right.

 

All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws.

 

Photothru.com respects the intellectual property rights of others.

 

Each customer owns the images and text contained in his/her customer account, personal album, gallery album or community album in which customer images may be posted.

 

By posting your photos on our web site, you agree that

  • You have the copyright of that image
  • You have to maintain the original image and necessary paper works, such as copyright release form, model release form, and/or any material that shows you have the right or permission to use, post, copy, modify, sell and print the image.
  • You give us permission to print image for you
  • You give us permission to print the image for someone you send a link to view your image.
  • You give us permission to print the image for anyone if you opened this image at gallery album and/or community album.

 

To protect your copyright, photothru.com does not have permission to reproduce the original images for the member other than original owner of the image. Original image download and Archive Photo CD are available only to the original image owner.

 

If you believe your copyright in a work has been violated through this service, please contact Photothru.com for notice of claims of copyright infringement which can be reached at support@photothru.com, or at Photothru.com, 26285 Hoover Road Suite 3, Warren, MI 48089, (586) 261-0029.

 

 

Your Conduct

 

Unacceptable actions and content on the site, further described and listed below, will constitute grounds for blocking your access to our service, removal of posted material, non-fulfillment of your order and/or termination of membership.

 

As condition of your use of this service, you shall not upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of other's privacy, hateful, or otherwise objectionable.

 

You shall not upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

 

You shall not harm minors in any way.

 

You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.

 

You shall not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software.

 

You shall not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

You shall not interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site.

 

You shall not exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Photothru.com, its affiliates or users.

 

 

Termination of Service

 

1.                  Photothru.com may terminate your archive and delete any and all information, communications, postings, rolls and image files at any time, without notice, for conduct violating this agreement or other policies or guidelines set forth by Photothru.com elsewhere on the site.

2.                  Photothru.com may terminate your archive and delete any and all information, communications, postings, rolls and image files at any time without notice for online conduct that Photothru.com believes is harmful to other customers, the business of Photothru.com, or other third party information providers.

3.                  Photothru.com reserved the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Photothru.comís sole discretion are objectionable or in violation of these terms and conditions.

 

 

Monitoring of Content

 

Photothru.com does not control the content of any memberís album and does not have any obligation to monitor such content for any purpose.

 

Although we prohibit members from posting improper images and materials, we are not responsible for any materials which a member may find harmful, offensive, or obscene.?If you find any such materials while visiting our site, you may contact at support@photothru.com and we will promptly act to remove it.

 

All content provided by a user of this service is the sole responsibility of that user, not Photothru.com.

 

 

Disclaimer of Warranty and Limitations of Liability

 

Photothru.com hereby disclaims any and all responsibility or liability for the accuracy, content completeness, legality, reliability, operability or availability of information or material in this site.

 

Photothru.com further disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.

 

Photothru.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the site.

 

The customer will bear all risk associated with any content that you access.

 

Your accessing of any content made available by or through Photothru.com and third parties is subject to your agreement to this provision and these terms and conditions.

 

This site and all products and services provided by Photothru.com are provided ďas is?with no warranties whatsoever.

 

Photothru.com makes no express or implied warranties about the reliability of the images, and is not responsible for any damage caused by loss, deletion or alteration of images.

 

Customers are responsible for monitoring and creating backups of all image content.

 

All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.

To the fullest extent permitted by law, Photothru.com disclaims any warranties for the security, reliability, timeliness, and performance of this service.

 

Photothru.com disclaims any warranties for other services or goods received through or advertised on this site or received through any links provided in the site, as well as for any information or advice received through the site or through any links provided in the site.

 

You, the user, understand and agree that the submission of film or any digital image to Photothru.com, and download or upload of any material through Photothru.comís service is done at your own discretion and risk and that you will be sole responsible for any loss or damage to your film or image, any loss of your film or image and any damage or your computer system or loss of data that may result in the download or upload of any material.

 

Under no circumstances shall Photothru.com be liable to any user on account of that userís use or misuse of and reliance on the site or its associated products and services.

 

In the event of any loss or, or damage to, your film, Photothru.com shall be liable only for the replacement of a like amount of unexposed film and processing.

 

Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, Photothru.com shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages, even if Photothru.com has been advised of the possibility of such damages.

 

The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

 

 

Terms of Service

 

1.                  The use of the Photo.com service is governed by the Photothru.com Terms and Conditions.

2.                  Customers may view and order prints of the photos contained in a roll, personal album or community album.

3.                  Your images will be viewable by everyone who accesses the images, private album or public community.

4.                  By emailing an invitation to share your photos or by posting your photos to a public gallery album or community site you give users the opportunity to view as well as buy prints of those images.

5.                  Those who have received your invitation or viewed public gallery images can then forward links to your images, or public images for viewing by others.

6.                  Photos may not be modified or altered in any way, except by the owner of the photos.

7.                  You may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any material owned by Photothru.com from this Web site in whole or in part without the prior written permission of Photothru.com.

8.                  Photothru.com claims no ownership rights in the content of your Photothru.com images.

9.                  For the sole purpose of displaying images to selected persons, and to fulfill your or another customerís print order, customers grant to Photothru.com Inc. a perpetual non-excusive, worldwide, royalty-free license to use, download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute any material included in customerís images.

10.             Photothru.com will not use customerís images for marketing purposes or any other purposes without obtaining the customerís express permission.

 

 

 

Governing Law

 

All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of Michigan without regard to conflicts of law principles.

 

By using this site and agreeing to these terms and conditions, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Macomb County, Michigan with respect to such disputed arising our of or relating to these terms and conditions or your use of the site.

 

 

Indemnity

 

By using this Web Site you agree to indemnify Photothru.com and its parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorneyís fees, arising from your use of this service.

 

 

Entire Agreement

 

These Terms of Service constitute the entire agreement between you, the customer, and Photothru.com will respect to the use of this service.

 

 

Violations of Terms of Service

 

Should you violate these terms of service or any other rights of Photothru.com, Photothru.com reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.

 

Photothru.comís failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service.

 

If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

 

 

Glossary

 

We: Photothru Corporation

You: member, user, viewer, visitor, invitee, and buyer of Photothru.com services or products

Site: photothru.com web site

Photothru: Photothru Corporation

 

 

 

 

 

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