Welcome to 72photos ("72photos"), owned, produced and operated by XMG Networks, Inc. ("XMG Networks Inc"), and, potentially, in part or in whole, by its parents, subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "XMG Companies"). 72photos is a image-oriented content and information website that provides a image uploading and hosting service to post information regarding themselves as well as image content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services ("Products and Services"), including the addition of new properties shall be subject to these General Terms and Conditions of Use ("Terms and Conditions").
By using or accessing this website, or any website hosted at the 72photos.com domain name (the "Website"), or by using any of the content hosting and sharing services provided via the Website (including without limitation the XMG APIs) ("Services"), you agree to be bound by these Terms of Service and by the Privacy Policy of XMG Networks, Inc. ("72photos"), which are collectively referred to as the "Agreement." Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement, then you may not use or access the Website or any of the Services.
72photos may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Website and Services, for any reason, and without notice. Each revision will be marked with a revision date and will be posted on the Website. 72photos recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (e.g., when you register for a 72photos account), the terms of this Agreement, as modified by 72photos from time to time, will govern all use of the Website and Services. By continuing to use or access the Website or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.
72photos provides its Registered Users (defined below) with the ability to host any type of image ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums. Registered Users and visitors to the Website may also order, via the Website or via partner websites ("Partner Websites"), prints, photographs, t-shirts, and similar items that incorporate publicly available Content.
Although the Website and Services are normally available, there will be occasions when the Website or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of 72photos. Also, although 72photos will normally only delete Content that violates this Agreement, 72photos reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by 72photos in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, 72photos encourages you to maintain your own backup of your User Content. In other words, 72photos is not a backup service. As discussed further in Section 8, 72photos will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
In order to access certain features of the Website and the Services, and to post Content, you must create a 72photos account. You may create an account on the Registration Page. Once you have created an account, you will be a "Registered User." Registered Users are limited to one free account per person. You may also upgrade to a "Pro" account by paying a membership fee, in which case you are entitled to one free account (in addition to your PRO account). Your 72photos account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Website and Services. You agree not to disclose your password to any third party nor to permit any third party to use your 72photos account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify 72photos of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. 72photos will have no liability for failure to deliver notices that result from inaccurate account information.
You are limited to the file size, bandwidth, and storage limitations related to your account level, as described on the account comparison page. 72photos reserves the right to disable direct linking on accounts that are using excessive bandwidth or otherwise abusing the system. 72photos has the right to change its file size, bandwidth, or storage limitations without notice.
You may terminate your account at any time, for any reason, by following the instructions on the options page. 72photos reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation a breach of any part of this Agreement
72photos does not claim any ownership rights in any User Content that you choose to post to the Website. After posting User Content to the Website,you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Website or via the Services, you hereby grant to 72photos a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any part of it, solely on and through the Website and Services, including without limitation (a) adapting the format of your User Content (for example by encoding or transcoding) for suitable display on the Website; and (b) displaying, in 72photos's sole discretion, your public User Content in search results generated by the 72photos search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to 72photos a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Services, including without limitation the printing services offered by Partner Websites. In connection with the above license, you provide your consent for 72photos personnel, including 72photos contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Website or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant 72photos this license.
Your license to 72photos with respect to any particular piece of User Content will terminate once you or 72photos remove it from the Website.
Subject to your compliance with the terms and conditions of this Agreement, 72photos grants you a non-transferable, non-sublicensable right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content (except as such acts may be permitted by a separate license explicitly attached to such Content).
You will not do any of the following while using or accessing the Website or the Services:
72photos does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. However, on both free and PRO accounts, and regardless of whether the Content is public or private, 72photos may choose to monitor such Content at any time, in its sole discretion. 72photos reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this Section, or of any part of this Agreement. 72photos reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what 72photos considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. For information regarding 72photos's handling of your personally identifiable information, refer to the 72photos Privacy Policy.
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by 72photos. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at the contact us page. If 72photos determines that it has collected personal information of children under the age of 13, 72photos will immediately delete such information and any accounts believed to be held by children under 13.
Users are invited to post content to their profile ("Profile") subject to the following limitations: (a) 72photos reserves the right to display advertising on Profile and any other Account-Related pages. Please consult the 72photos Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. 72photos reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.
By registering on 72photos, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the 72photos will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which 72photos assumes no responsibility or liability.
72photos reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the XMG Networks Inc Network, including 72photos, at any time, for any or no reason, with or without prior notice, and without liability.
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 72photos DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You understand that Content is posted by users and that 72photos has only limited control over the Content that is made available via the Website and Services. You understand that by using the Website and Services, you may be exposed to this Content. You acknowledge that 72photos will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Website or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Website unavailability or Service interruptions; or (c) the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT WILL 72photos BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF 72photos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL 72photos'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO 72photos. You acknowledge that 72photos has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless 72photos and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or Services, or your violation of this Agreement. 72photos reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with 72photos and its counsel, as necessary, in the conduct of such defense.
The Website may contain links to third-party websites or resources. You acknowledge and agree that 72photos is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 72photos of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Websites, refer to the terms of service governing those websites.
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of Colorado, or state courts located in Denver County, Colorado. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
72photos will not honor any refunds for any paid 72photos services, including without limitation PRO account payments. Should you find the need to request a refund, please email support[at]72photos.com.
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. 72photos may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of 72photos at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and 72photos regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.
In addition to the remaining provisions of these Terms and Conditions, the following provisions apply to users who access their 72photos account via an API (Application Programming Interface), including access via third party products which use the 72photos API:
7.1 Access via an API entitles you to access only data stored in your personal 72photos account. Any and all (even attempted) access to data in other accounts is expressly prohibited unless done with users consent.
7.2 Use of the API to provide third parties with access to the 72photos service or any part thereof for financial gain is not permitted without the express permission of XMGNetworks, Inc.
7.4 In the event of a breach of the stated provisions for API access, 72photos reserves the right to temporarily or permanently suspend your accountÕs access to the API or your entire account. Any claims for damages or other claims against 72photos are expressly excluded in such case.
7.5 72photos reserves the right to modify or discontinue, temporarily or permanently, access via the API or specific functions of the API in the event that Ð for whatever reason Ð the use of the API causes significant impairment to 72photos or any part thereof. Any claims for damages or other claims against 72photos are expressly excluded in such case.
If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Website, please contact 72photos at support[at]72photos.com
By using or accessing this website, or any website hosted at the 72photos.com domain name (the "Website"), or by using any of the content hosting and sharing services provided via the Website (including without limitation the XMG APIs) ("Services"), you agree to be bound by these Terms of Service and by the Privacy Policy of XMG Networks, Inc. ("72photos"), which are collectively referred to as the "Agreement." Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement, then you may not use or access the Website or any of the Services.
72photos may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Website and Services, for any reason, and without notice. Each revision will be marked with a revision date and will be posted on the Website. 72photos recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (e.g., when you register for a 72photos account), the terms of this Agreement, as modified by 72photos from time to time, will govern all use of the Website and Services. By continuing to use or access the Website or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.
1. Description of the Services
72photos provides its Registered Users (defined below) with the ability to host any type of image ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums. Registered Users and visitors to the Website may also order, via the Website or via partner websites ("Partner Websites"), prints, photographs, t-shirts, and similar items that incorporate publicly available Content.
Although the Website and Services are normally available, there will be occasions when the Website or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of 72photos. Also, although 72photos will normally only delete Content that violates this Agreement, 72photos reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by 72photos in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, 72photos encourages you to maintain your own backup of your User Content. In other words, 72photos is not a backup service. As discussed further in Section 8, 72photos will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
2. Accounts and Passwords
In order to access certain features of the Website and the Services, and to post Content, you must create a 72photos account. You may create an account on the Registration Page. Once you have created an account, you will be a "Registered User." Registered Users are limited to one free account per person. You may also upgrade to a "Pro" account by paying a membership fee, in which case you are entitled to one free account (in addition to your PRO account). Your 72photos account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Website and Services. You agree not to disclose your password to any third party nor to permit any third party to use your 72photos account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify 72photos of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. 72photos will have no liability for failure to deliver notices that result from inaccurate account information.
You are limited to the file size, bandwidth, and storage limitations related to your account level, as described on the account comparison page. 72photos reserves the right to disable direct linking on accounts that are using excessive bandwidth or otherwise abusing the system. 72photos has the right to change its file size, bandwidth, or storage limitations without notice.
You may terminate your account at any time, for any reason, by following the instructions on the options page. 72photos reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation a breach of any part of this Agreement
3. Your License to 72photos
72photos does not claim any ownership rights in any User Content that you choose to post to the Website. After posting User Content to the Website,you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Website or via the Services, you hereby grant to 72photos a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any part of it, solely on and through the Website and Services, including without limitation (a) adapting the format of your User Content (for example by encoding or transcoding) for suitable display on the Website; and (b) displaying, in 72photos's sole discretion, your public User Content in search results generated by the 72photos search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to 72photos a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Services, including without limitation the printing services offered by Partner Websites. In connection with the above license, you provide your consent for 72photos personnel, including 72photos contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Website or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant 72photos this license.
Your license to 72photos with respect to any particular piece of User Content will terminate once you or 72photos remove it from the Website.
4. 72photos's Limited License to You
Subject to your compliance with the terms and conditions of this Agreement, 72photos grants you a non-transferable, non-sublicensable right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content (except as such acts may be permitted by a separate license explicitly attached to such Content).
5. Restrictions
You will not do any of the following while using or accessing the Website or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
c. Use any meta tags or other hidden text or metadata utilizing a 72photos name, trademark, URL or product name without 72photos's express written consent;
d. Post, upload, email or otherwise transmit, without first obtaining the permission of 72photos, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation;
e. Post, upload, email, or otherwise transmit, via the Website or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of 72photos;
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan or test the vulnerability of any 72photos system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Website or Services to send altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Website or Services;
k. Collect or store personal data about other users without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
m. Resell the Services, in whole or in part;
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Website or Services in any manner not permitted by this Agreement.
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
c. Use any meta tags or other hidden text or metadata utilizing a 72photos name, trademark, URL or product name without 72photos's express written consent;
d. Post, upload, email or otherwise transmit, without first obtaining the permission of 72photos, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation;
e. Post, upload, email, or otherwise transmit, via the Website or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of 72photos;
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan or test the vulnerability of any 72photos system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Website or Services to send altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Website or Services;
k. Collect or store personal data about other users without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
m. Resell the Services, in whole or in part;
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Website or Services in any manner not permitted by this Agreement.
72photos does not control the Content in Registered Users' accounts and does not have any obligation to monitor such Content for any purpose. However, on both free and PRO accounts, and regardless of whether the Content is public or private, 72photos may choose to monitor such Content at any time, in its sole discretion. 72photos reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this Section, or of any part of this Agreement. 72photos reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what 72photos considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. For information regarding 72photos's handling of your personally identifiable information, refer to the 72photos Privacy Policy.
6. Age Requirements
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by 72photos. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at the contact us page. If 72photos determines that it has collected personal information of children under the age of 13, 72photos will immediately delete such information and any accounts believed to be held by children under 13.
7. Profile
Users are invited to post content to their profile ("Profile") subject to the following limitations: (a) 72photos reserves the right to display advertising on Profile and any other Account-Related pages. Please consult the 72photos Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. 72photos reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.
By registering on 72photos, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the 72photos will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which 72photos assumes no responsibility or liability.
72photos reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the XMG Networks Inc Network, including 72photos, at any time, for any or no reason, with or without prior notice, and without liability.
8. Disclaimer of Warranty
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 72photos DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. Limitations of Liability
You understand that Content is posted by users and that 72photos has only limited control over the Content that is made available via the Website and Services. You understand that by using the Website and Services, you may be exposed to this Content. You acknowledge that 72photos will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Website or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Website unavailability or Service interruptions; or (c) the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT WILL 72photos BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF 72photos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL 72photos'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO 72photos. You acknowledge that 72photos has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless 72photos and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or Services, or your violation of this Agreement. 72photos reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with 72photos and its counsel, as necessary, in the conduct of such defense.
11. Links to Third Party Websites
The Website may contain links to third-party websites or resources. You acknowledge and agree that 72photos is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 72photos of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Websites, refer to the terms of service governing those websites.
12. Forum and Choice of Law
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of Colorado, or state courts located in Denver County, Colorado. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
13. Refund Policy
72photos will not honor any refunds for any paid 72photos services, including without limitation PRO account payments. Should you find the need to request a refund, please email support[at]72photos.com.
14. General
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. 72photos may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of 72photos at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and 72photos regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.
15. Additional Terms for API Access
In addition to the remaining provisions of these Terms and Conditions, the following provisions apply to users who access their 72photos account via an API (Application Programming Interface), including access via third party products which use the 72photos API:
7.1 Access via an API entitles you to access only data stored in your personal 72photos account. Any and all (even attempted) access to data in other accounts is expressly prohibited unless done with users consent.
7.2 Use of the API to provide third parties with access to the 72photos service or any part thereof for financial gain is not permitted without the express permission of XMGNetworks, Inc.
7.4 In the event of a breach of the stated provisions for API access, 72photos reserves the right to temporarily or permanently suspend your accountÕs access to the API or your entire account. Any claims for damages or other claims against 72photos are expressly excluded in such case.
7.5 72photos reserves the right to modify or discontinue, temporarily or permanently, access via the API or specific functions of the API in the event that Ð for whatever reason Ð the use of the API causes significant impairment to 72photos or any part thereof. Any claims for damages or other claims against 72photos are expressly excluded in such case.
If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Website, please contact 72photos at support[at]72photos.com