| |
Welcome to the FotoTime web site, provided to you
by FotoTime, Inc. ("FotoTime"). Please review the following terms of service before using this
Site and/or FotoAlbum Software. FotoTime reserves the
right to modify the terms of service at any time and without
notice.
This agreement governs the user and member services on this
Site and FotoAlbum software. Use of this Site constitutes acceptance of these terms and creates a binding legal agreement wherein you agree to use the Site
and software in a manner consistent with all applicable laws and according to the terms and conditions listed below.
Terms of Membership
FotoTime has two membership plans that you can select from, a basic membership and a subscription membership. A Basic membership is FREE, it includes 500 MB of storage space. A Subscription membership includes 4GB of storage space, plus additional features.
A valid e-mail address is required, and the account must be validated
within 24 hours of registration, or it will be de-activated.
Once a member has registered, they will be able to create
albums to organize and share their photographs.
Both Basic and Subscription membership plans get a free license to use the subscriber edition of FotoAlbum during the subscription period. Subscribers also get a discounted price to upgrade to FotoAlbum Pro.
- Membership and the FotoTime service is also governed by the FotoTime Privacy Statement. Please
click here to review our Privacy Statement.
FotoTime claims no ownership rights to the photographs
uploaded to your account. Members do grant to FotoTime, Inc.
any permissions necessary to manage your pictures including
but not limited to:
- FotoTime has the rights to
show your photos to visitors of your account
- FotoTime has the right to back them up during standard system backups
- FotoTime has the right to remove photos
if we find that you do not own them (someone else has copyrights to them).
- FotoTime can
send
your photos to
a third party for printing if you or one of your guests
orders
prints from
your account
FotoTime will
not use any Member's images for any promotional purpose
without obtaining the Member's permission.
Storage Limit
The FotoTime membership plan governs how many pictures you can
store on FotoTime. A basic membership includes 500 MB of online storage. A subscription membership includes 4GB of online storage.
A subscription membership can be upgraded at any time to
include more space than what you originally purchased. Subscription upgrades
prices are pro-rated until the end of you subscription term. Disk space is based on actual disk space used by the files in your account, not by the number
of pictures you have.
Members are advised to backup all content stored on FotoTime, and to
not rely on FotoTime as a backup source for photographs.
FotoTime assumes no responsibility for loss of any data stored by a Member on this Site,
nor makes any representation, express or implied warranty or guarantee as to the
length of time that a Member's data will be stored after an expired membership.
Storage and Inactivity
A FotoTime basic membership provides 12 months of free on-line sharing of images from the date a User accepts the Member Agreement. Thereafter, in order to continue to store their photos and videos, Users must purchase at least one or more products valuing $10 (Ten Dollars) or more through the FotoTime within twelve months of a User's account activation or within twelve months of the Member's most recent purchase of $10 or more (the 12 month period will restart with each purchase of $10 or more.) If no such purchase is made, all User images and content may be deleted. If a User Account remains inactive with no purchases for a period of 18 months the Account may be terminated.
A FotoTime subscription membership provides 12 months of on-line sharing of images from the date the membership was purchased. If the subscription membership expires and is not renewed, the account will revert back to a basic membership, and the duration of the account will be subject to the basic membership storage and inactivity rules.
Bandwidth Limits
FotoTime monitors the bandwidth used by each account on a monthly basis.
FotoTime limits the monthly bandwidth usage for subscription accounts
to five times the amount of space for your membership plan.
For the 4GB subscription membership, this allows
for 20GB of transfers each month before corrective measures are taken.
For the basic or ad-sponsored membership (500 MB), bandwidth is limited
to four times the amount of your storage space, or a total of 2000 MB of transfers each
month before corrective measures are taken.
The following corrective actions will be taken when an account exceeds it's monthly bandwidth limit:
- Turning off the sharing of videos
- Reducing the size of pictures that are shared on 3rd party sites
such as EBay auctions or other web communities.
Accounts that exceed the bandwidth allotment will be set back to complete
functionality at the beginning of the next month.
FotoTime does retain the right to remove any pictures that cause
an excessive amount of bandwidth to be used. Most often
the type of material that causes bandwidth problems also falls
within the "Inappropriate Content or Use" section below.
Inappropriate Content or Use
FotoTime does not control the content of any Member
pictures and does not have any obligation to monitor such content. Therefore, all content is the responsibility of the Member, not FotoTime.
The following uses of FotoTime are strictly prohibited.
Any member's account that contains material that violates
these guidelines can be removed without notice.
- Photographs that contain nudity and/or pornographic
material of any kind.
- Photographs or content that contain bigotry, prejudice,
racism, hatred or profanity.
- Photographs for which you do not own the copyrights to.
- Material that is unlawful, threatening, harmful, obscene
or otherwise objectionable.
- Any material that references a site that promotes any of
the above.
- Any use of camouflage type programs to hide other files within your pictures.
Termination of Service
- FotoTime may terminate Membership and delete all
Member's content without notice, for conduct violating this Agreement or other
guidelines set forth by FotoTime.
- FotoTime reserves the right to disclose any information posted by
any user in order to satisfy any law, regulation or governmental
request.
- FotoTime may terminate Membership and delete all
Member's content without notice, for conduct that FotoTime
believes is harmful to FotoTime's business.
Copyright Information
All material including photographs and text on this site are protected by
copyright laws. Each Member owns the content in his/her Member
Account. FotoTime reserves its rights to all other content contained in the Site.
Disclaimer of Warranty and Limitations of Liability
- THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. 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. FOTOTIME DISCLAIMS ANY WARRANTIES FOR THE RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THIS SERVICE. FOTOTIME 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.
FOTOTIME SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
- YOU AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE
USE OF SUCH MATERIAL.
Reporting Violations of these Terms of Service
Any violations of these Terms of Service should be immediately
reported to FotoTime
(support@fototime.com).
|
