Summary
Please note that while our terms may change from time to time, you will always find the most recent version here.
You control who sees your photos. PhotoUnity.com is designed to provide a private, secure place for you to store and share your wedding photos. Only you and your wedding guests that you choose to invite have access to your wedding photos.
Your personal information is protected. Your privacy is important to us and we take great care to protect it. Please see our Privacy Policy for details.
We will communicate with you via email. PhotoUnity.com intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon receipt.
Age: You must be at least 13 years of age to sign-up for PhotoUnity.com.
For more information on how the PhotoUnity.com service works, click here.
Full Terms and Conditions
Welcome to PhotoUnity.com! PhotoUnity.com provides members a fun, safe and easy way to print, store and share your
photographs. However, before you enter the PhotoUnity.com site (the "Site") or use any of the PhotoUnity.com services, it is important
that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out
additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any
time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. 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 PhotoUnity.com that you will use the Service only in a
manner that is consistent with the Terms. If you have questions about the Terms, please contact us at
service@PhotoUnity.com.
Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with
the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service.
I. Terms of Membership
PhotoUnity.com membership (referred to as "Membership") is available to you if you are at least 13 years of age and you submit certain
requested information to PhotoUnity.com, including (but not limited to) your name and correct email address. In addition, by becoming
a Member, you agree to provide PhotoUnity.com with true, accurate, current and complete information about yourself when such
information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).
PhotoUnity.com Services are for personal use only.
Before you can use the Service for developing and digitization of photographs, we will ask you to provide a valid credit card
number (including expiration date and billing address). This will allow us to efficiently facilitate the Postage and Packing
charges associated with sending you your photographs.
A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as purchasing photo merchandise (including reprints and enlargements) through the PhotoUnity.com Service at least once every 365 days. If your Member account is inactive for a period of over 365 days,
PhotoUnity.com may terminate your Membership (or any part thereof) or use of the Service, and remove and discard any content,
including but not limited to any and all information, communications, postings, albums, image files or any other content within the
Service. Please refer to
"Termination" for more terms affecting your Membership.
II. Digital Image Storage
As long as you are an active participant in the PhotoUnity.com service, PhotoUnity.com offers free, unlimited storage of your online photos that you upload to your account. There is no limit to the number of digital photos you can upload.
See the section "Terms of Membership" for more information on maintaining an active PhotoUnity.com membership. Please refer to the section "Termination" for more terms affecting the storage of digital images.
III. Member Conduct
We are committed to ensuring that our Service remains a fun and safe place to print, store and share photographs
and other content. Members are encouraged to use the Service to post creative material,
photographs, digital images, links, and comments (the "Content"). To this end, we require that every user of the Service,
whether or not such user is a Member, agrees not to use this Service to upload, store, share or otherwise
obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:
a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or
any other content, which may compromise the PhotoUnity.com Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.
PhotoUnity.com has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service
may be subject to examination from time to time. You acknowledge that although PhotoUnity.com does not and will not examine and
review all Content submitted or transmitted to the Service, PhotoUnity.com has the absolute right (but not the obligation) to
delete, move, and edit materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content
(whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for
posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by
viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such
exposure. Finally, you acknowledge that PhotoUnity.com in no way guarantees the accuracy, quality or appropriateness of Content
available on the Site. In no event shall Aardvark Business Solutions. ("PhotoUnity.com") (including its officers, directors, employees, affiliates
and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available
on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a
result of use of such Content.
IV. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the
Service for any commercial purposes.
V. Third Party Software
As a convenience to our Members, we may make third-party software available through the Service. To use the third-party software,
you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely
between you and the third party provider.
By downloading third party software, you acknowledge and agree that PhotoUnity.com does not guarantee that any software downloaded
through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. PhotoUnity.com makes no
representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded
through the Service. In no event shall PhotoUnity.com (including its officers, directors, employees, affiliates and agents) be liable
for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the
Service.
VI. Privacy Policy
We respect your privacy and have taken specific steps to protect it. Please see our
Privacy Policy.
VII. Copyright
What You License to PhotoUnity.com
When you join our Service, you become a participant in an online community of people who enjoy taking and sharing photographs.
In order for us to make your photos available to you and your invitees, as well as to use images to offer you our special variety
of online services, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms,
of course). Accordingly, as a condition to your Membership, you hereby grant PhotoUnity.com a perpetual, universal, nonexclusive
right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the
Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the
Service and as a condition to Membership, you represent and warrant to PhotoUnity.com that you
are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner
to submit such Content.
Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by our Service are protected by UK and international
copyright laws and by other applicable laws. You understand that PhotoUnity.com is unable to provide you with permission to copy,
display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your
Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the
copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the
Service. PhotoUnity.com has the absolute right to terminate your membership or exclude you from the Site if you use our Service
to violate the intellectual property rights of third parties.
VIII. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AARDVARK BUSINESS SOLUTIONS. ("PhotoUnity.com"), (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS,
INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
IX. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PHOTOUNITY.COM WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO
YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR PRINT(S) ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED,
PHOTOUNITY.COM'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR PHOTOUNITY.COM TO REPRINT THE PHOTOS AT NO EXTRA COST.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTOUNITY.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOUNITY.COM MAKES NO WARRANTY THAT
(I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR
SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR
REQUIREMENTS. PHOTOUNITY.COM MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY
OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOUNITY.COM'S SITE OR THAT ARE ADVERTISED ON PHOTOUNITY.COM'S
SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
X. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, PHOTOUNITY.COM WILL HAVE NO OBLIGATION OR
LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH
RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING
LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
XI. Termination
You agree and acknowledge that PhotoUnity.com, in its sole discretion, may terminate your Membership (or any part thereof) or use of
the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings,
albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not
limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by PhotoUnity.com elsewhere on the Site;
b. Conduct that PhotoUnity.com believes is harmful to other PhotoUnity.com users, the business of PhotoUnity.com, or other third party
information providers;
c. Failure to continue Active Participation; and
d. Conduct that violates the letter or spirit of these Terms.
Further, you agree that PhotoUnity.com shall not be liable to you or any third-party for any termination of your access to the Service.
XII. Choice of Law
In the event of any dispute between us, these terms and conditions will be governed by English law and heard before the English Courts.
XIII. Modification of Terms
You agree that PhotoUnity.com reserves the right to amend the Terms at any time, for any reason, and without notice, including the
right to terminate the Service or any part of the Service. Any amendments or modifications made by PhotoUnity.com shall be prospective
only.
XIV. Entire Agreement
These Terms constitute the entire agreement between you and PhotoUnity.com and govern your use of the Service, superseding any prior
agreements between you and PhotoUnity.com. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use
affiliate services, third-party content or third-party software.
The failure of PhotoUnity.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms 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 the other provisions of
the Terms remain in full force and effect.
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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XV. Reporting Violations
You can report abuse of these Terms to
missuse@PhotoUnity.com. |
