Effective | Updated on July 30, 2015
Legal help was provided to us by law and legal resource RSVP Law.
We welcome you (User) to use the Photocrops web site only so long as you agree to abide by the following terms and conditions.
This USER AGREEMENT sets out the terms of your use of the Photocrops web site and service. Photocrops makes no promises nor guarantees regarding the services provided and the User agrees that such use of these services shall be at his or her own risk. Any use or access by anyone under the age of 13 is prohibited.
Photocrops is designed to assist you by providing images whether photographic or illustrated for creative use. Any information that you provide us is for the sole purpose of helping provide you our service and nothing else.
All photos published on Photocrops.com are licensed under Creative Commons Zero.
The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission. See the rest here.
To protect both you and Photocrops you are only permitted to use this web site if you follow the rules set forth herein and at other places in this web site. Violation of these rules can result in Photocrops denying you further access to this service.
Users may not:
- Engage in or encourage an activity whether by way of speech, displaying material, both directly or indirectly that is unlawful, grossly offensive, pornographic, harmful to others or deceptive.
- Engage in tortuous conduct such as defamation, threats or violating the rights of others inclusive of violating intellectual property rights and invasion of privacy.
- Violate internet standards inclusive of compromising or interference with the security of Photocrops or attempting to or gaining access to private system areas of Photocrops, or of other Users or disrupting the service or servers or networks of Photocrops or connected to the Photocrops inclusive of posting of links or advertisements to competing services.
- Photocrops does not require a written Image or Subject Release for each Image that has identifiable people on it, Phototcrops cannot offer guarantee that the User will be able to use the Image for any purpose the User likes. Also, if there is a model release for the Image, Photocrops does not represent or make warranties whatsoever as to the legality or validity of it.
- The User cannot redistribute. To share any photo, the User will need to link to the photo page on Photocrops.
Do not link to Photocrops zip files, link to the photo page. In the event Photocrops discovers assets being hosted on other sites, Photocrops states that is a violation of this agreement and will proceed to seek compensation for damages from the User and or the property on which the User has hosted Photocrops assets.
- You may upload photographs or graphics to the Website. Photocrops does not accept any adult oriented images.
- Photocrops reserves the right to approve or decline an image for posting without any reason or written reply
- By uploading, You release Images under Creative Commons CC0 into the public domain. This applies worldwide. In the event of a dispute. You grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
- You are solely responsible for the Images you upload.
- You accept our best efforts, Photocrops cannot be held responsible for the misuse or abuse of any Image.
- We also reserve the right to remove any approved Image at any time without written notice or reason.
User acknowledges and agrees Photocrops may make any modification or termination of any and all services without notice and may delete data and files in the User's account at any time and prohibit further access to such files or the Service. User agrees that Photocrops will not be liable to the User or any third party for any modification or discontinuance of the Service.
Photocrops may deny or terminate service based on its own polices which may change time to time and is not required to divulge the basis for such decision.
Photocrops is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
Photocrops will take reasonable steps to keep information submitted by you confidential with the understanding that such information may be released due to error or a failure of the system or the unauthorized actions of others. Therefore it is highly recommended that you refrain from including proper names, addresses or identifying information nor make confessions or admissions nor input highly personal, sensitive or incriminating information.
DISCLAIMER OF WARRANTIES
The User expressly agrees that use of the service is at the User's sole risk. The service is provided on an "as is" and "as available" basis. Photocrops expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Photocrops makes no warranty that the service will meet User's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Photocrops make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Photocrops makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by the User from Photocrops shall create any warranty not expressly stated herein.
LIMITATION OF LIABILITY
The User agrees that Photocrops shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of User's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Photocrops has been advised of the possibility of such damages. The User further agrees that Photocrops shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
The User agrees that Photocrops is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold Photocrops harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to Photocrops, its affiliates, directors, officers and employees. Photocrops reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Photocrops.
Any controversy or claim arising out of or relating to this Agreement or Photocrops services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, California, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or Photocrops may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Los Angeles, California, necessary to protect the rights or property of the User or Photocrops pending the completion of arbitration. This arbitration clause does not prohibit either Photocrops or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Los Angeles, California.
The Agreement and the relationship between the User and Photocrops shall be governed by the laws of the State of California without regard to its conflict of law provisions.
If Photocrops fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that Photocrops has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any section titles in the Agreement are for convenience only and have no legal or contractual effect.
Photocrops 533 2nd St., Encinitas, Ca 92024