Terms of Service
1. Creating an Account
Make sure your account information is up to date and keep your account safe. You are responsible for your account and any activity on it. Also, you need to be at least 13 years old to use our Services.
1.1 Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate information for your Account. We may use this information to contact you.
1.2 Protect Your Account. Make sure that others don’t have access to your Account or password. You must notify us of any actual or suspected loss, theft or unauthorized use of your Account of password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection to your Account.
1.3 Thirteen And Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you are at least 13 years old. Also, if you are under the age of 18, you must have a parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf.
1.4 Additional User Accounts. Dot.Photos allows you to add multiple users to help edit your sites. It is your responsibility as the primary Account holder to ensure that these Additional Accounts are safe and protected. You are also responsible for the actions that the Additional Account holders take on your site. When you give them access to your Account they are agreeing to the Agreement in full.
2. Your Content
Your content is your content. You still own it when you upload it to Dot.Photos. You do give us permission to use if in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it and display it on your site. We may also promote or feature your site.
2.1 Featuring Your Site and Brand. We may use in perpetuity, worldwide and free of charge, Your Site or any portion of Your Site for the use of Dot.Photos marketing and promotional activities. For example, we may feature Your Site on our website by using images or your logo. We may also post about Your Site on our social media accounts. This can improve traffic to Your Site. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Site and any right of inspection or approval of any such use of Your Site. Contact us if you have any questions.
3. Your Responsibilities
You are responsible for the content you publish and upload to Dot.Photos. You also are saying to us that it is all okay to use. We ask that you follow our rules and that you do not do anything illegal on our Service. Remember that everything that you upload is publicly accessible and able to be viewed. Be responsible. We cannot give you any legal advice about any activity you take or may want to take using our Service.
3.1 Use Only Content That You Are Allowed To Use. You represent that you own the rights to your Content or that you have and will continue to have all rights and permissions to legally use, share, display, transfer and license your Content with our Service. If we use your Content in the ways outlined in this Agreement, you represent that doing so will not infringe or violate the rights of any third party including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
3.2 Follow Our Rules. You are responsible for your conduct and Content, and you must comply with our Acceptable Use Policy. We may review your conduct and Content for compliance with these Terms and our Acceptable Use Policy. We have no obligation to do so. We are not responsible for Content.
3.3 Follow The Law. You represent that your use of the Service is not contrary to law including without limitation applicable US export controls, regulations and sanctions.
3.4 Share Responsibly. The Service allows you to share Content with others including without limitation to social media and the open web. Please think about what you share. We are not responsible for what you share via the Service.
4. Third Party Services
If you use any other service with Dot.Photos or follow a link to another site or work with someone else to create your Site, what happens is between you and that person or service. We are not responsible for it. There is a lot of Content on our Service uploaded by many people like yourself. We are not responsible for any of that Content.
4.1 Integrations. The Services are integrated with various third party services, applications and sites (“Third Party Services”) that may make their content and products available to you, for example, domains and email services. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time in our discretion and without any notice to you, suspend, disable or remove any Third Party Services. We are not liable to you for any such suspension disabling or removal including without limitation for any loss of profit, revenue, data or intangible losses you may experience as a result thereof.
4.2 Third Party Sites. The Service may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for those sites.
4.3 User Content. We haven’t and cannot review all of the User Content available via the Service. This means that the Service may contain User Content that is offensive or objectionable, contains errors, violates intellectual property, privacy, publicity or other rights of third parties, that is harmful to your computer or network, or the downloading, copying or use of which is subject to additional terms and policies. By operating the Service, we do not represent or imply that we endorse User Content provided or that we believe such User Content to be accurate, useful or non-harmful. We are not a publisher of, and we are not liable for, any User Content uploaded, posted, published or otherwise made available via the Service. You are responsible for taking precautions to protect yourself and your computer or network from User Content accessed via the Service.
5. Our Intellectual Property
[YOUR NAME HERE] is protected by intellectual property laws. Here is an overview of how this works.
5.1 We own the Services. These Terms do not grant you any right, title or interest in the Service or our logos or other brand features or intellectual property or others’ content in the Service. You agree not to change, translate or otherwise create derivative works of the Services.
5.2 Your Feedback. We can use your feedback, ideas or suggestions (“Feedback”) without any restriction or obligation to you, ever after this Agreement is terminated.
5.3 Open Source Software. Some of the software used in the Service may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
We need to maintain control over what happens on our services in order to ensure the security and integrity of Dot.Photos.
6.1 Things We Can Do.
We reserve these rights, which we may exercise at any time without any notice to you.
- We may change the Services and their functionality.
- We may restrict access to or use of part or all of the Services
- We may suspend or discontinue parts or all of the Services
- We may terminate, suspend or restrict access to your Account or Your Sites
- We may change our eligibility criteria to use the Services
6.2 Handling Disputes
Disputes happen and we try to stay out of them. In cases where disputes over ownership of an account occur we reserve the right at any time and in our sole discretion and without any notice to you determine the rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We may also request documentation to help determine the rightful owner.
We comply with copyright law and respond to complaints about copyright infringement accordingly. We respect the intellectual property of others and ask that you do the same. We respond to alleged copyright infringement that comply with the law and such notices should be reported to us. You can file a notice by emailing email@example.com.
9. Paid Services And Fees
Certain services of Dot.Photos are paid services. We will automatically bill you in regular intervals such as monthly unless you disable the Service and cancel your subscription.
9.1 Fees. Some parts of our Services are paid and can only be accessed by paying a fee (“Paid Services”). One example of this is our custom domains. Your Site can only be accessed via a custom domain if you enable that feature by adding that Paid Service. Paid Services will continue until they are canceled or terminated in accordance with the Agreement. You can cancel a Paid Service anytime by contacting us. If you do not pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Various Transaction fees and additional fees may also apply to certain parts of the Services.
9.2 Taxes. All fees are exclusive of federal, state, local or other taxes (“Taxes”). You are responsible for all applicable Taxes. We will charge Taxes in addition to the fees when required to do so.
9.3 Subscription Renewals. To avoid service interruptions we will automatically bill you for the period of your Paid Services from the date of your initial payment until cancellation. We will automatically charge the amount of your current subscription using the payment method on file with us. You can cancel your Paid Services any time by contacting us.
9.4 Refunds. You may cancel any Paid Service at any time, you won’t be issued a refund except at our sole discretion.
9.5 Fee Changes. We may change our fees at any time. We will give you advanced notice of these changes via the Services. New fees will only apply going forward from the date of the fee change. If you do not agree with the fee change you have the right to reject the change by cancelling the Paid Service before your next payment date.
9.6 Charge-backs. If you contact your credit card company or bank to reverse a charge or decline a charge for any of our payable fee (“Charge-backs”), we may automatically terminate your Account. If you have any questions about a payment please contact us before filing a Charge-back. We reserve the right to dispute any Charge-backs.
9.7 Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you using your payment method linked to your Account. The processing of payment is subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us using the Payment Processor the amount then in effect for any purchase in accordance with the applicable payment terms. You agree to pay us using the payment method you have provided via your Account. We reserve the right to correct or instruct our Payment Processor to correct any errors or mistakes even if the payment has already been requested or received.
9.8 Third Party Service Fees. Third Party Services purchased via Dot.Photos or not are subject to their own terms and conditions. They may have different policies to ours such as refund policies. All use of Third Party Services are at Your discretion. We do not offer refunds for purchases of Third Party Services.
9.9 Free Setup & Migration We offer free site setup of Pages. Blogs and podcasts are excluded and it will be left to our discretion as to the number of pages to bring over. By agreeing to use our Free Setup Service you are agreeing to spend at minimum one year on Dot.Photos paid Service or the financial equivalent of such. If you have us build the site and cancel under a year we will charge the remainder of the 12 month period at our Basic Plan rate.
10. Term And Termination.
The Agreement can be ended at any time by either of us.
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement you MUST contact us. We are not responsible for the continued use of our service if you point your domain somewhere else. To terminate your service you must contact us so that we can cancel your billing. We also reserve the right to suspend or terminate the Service at any time and at our sole discretion and without notice. We may suspend or terminate your use of the Service if you are violating our Acceptable Use Policy.
Every section of this Agreement that by its nature should survive being terminated shall survive being terminated with no limitation inclusive of Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Discourse or Dispute Resolution and Additional Terms and conditions.
11. Warranty Disclaimers
Dot.Photos Services are provided as is without warranties or guarantees. We make no guarantees of warranties, implied or expressed about the services provided. The services are provided as is. At no time will any advice or information provided orally or written obtained by you from Dot.Photos shall ever create any warranty or guarantee. Dot.Photos makes no warranty or guarantee that the services provided will be timely, uninterrupted or error-free, meet your requirements or expectations or be free from harmful components.
12. Limitation Of Liability
In no event with Dot.Photos be liable with respect to any claims related to the Services or this Agreement. This includes any damages, loss of profit, revenue or data whether tangible or intangible, any damages related to access to or the inability to access or use the Services, any damages related to the loss or corruption of any content or data. In no event shall the aggregate liability of Dot.Photos for all claims arising out of or relate to the Services and this Agreement exceed the greater of twenty dollars ($20).
You are responsible if you do something that gets us sued and you will cover all costs. To the fullest extent permitted by law, you agree to indemnify and hold harmless Dot.Photos from and against all damages, losses and expenses of any kind arising out of or related to your breach of the Agreement, your User Content, Your Site, any claims from your End Users and your violation of any law or regulation or the rights of any third party. This includes attorneys’ fees and costs.
14. Dispute Resolution
You agree to try to work out any dispute with Dot.Photos before filing a claim against us by emailing firstname.lastname@example.org with a description of your claim. We will try to resolve the dispute informally by following up via phone, email or other methods. Claims may only be filed on an individual basis and not as part of a class action. You may not bring a claim as a plaintiff of a class member in a class, consolidated or representative action. Class actions, class arbitration’s, private attorney consolidation and general action with other arbitration’s are not allowed.
15. Additional Terms
This Agreement is the entire agreement between us regarding your use of Dot.Photos. If we change the agreement in a way that reduces your rights we will give you notice and an opportunity to cancel. If you are reading this in a language other than English the English language version will control.
16 Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Texas, without regard to its conflicts of law provisions.