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Effective date: January 1, 2017.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “SIGN UP” or "FACEBOOK LOGIN" OR OTHERWISE ACCESSING OR USING THE APP(S) OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS,  By accessing or using our Service, you agree to be bound by all of the terms and conditions described in the Terms. If you are not eligible or do not agree to all of the Terms, do not use our Service.

You acknowledge and agree to the following:

  • The App(s) are licensed, not sold to you, and you may use the Service only as set forth in the Terms;

  • When you first create an account using your mobile number, we verify your account by text message and any applicable text messaging fees of your mobile network operator (the “Carrier”) will apply;

  • Your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of the Carrier, which are your sole responsibility;

  • The Service is provided “as is” without warranties of any kind and PhotoHala’s liability to you is limited;

  • Disputes arising hereunder will be resolved by binding arbitration. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge. Please review the Dispute Resolution and Arbitration provision below for the details regarding your agreement to arbitrate any disputes with PhotoHala;

USE OF THE SERVICE

Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App(s) from a legitimate marketplace (such as Apple’s App Store or Google Play) to your mobile device, and to access and use the Service, in each case, for your own personal use.

You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.

Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising, including Adchoices, on our Service or in connection with the display of content or information on our Service. 

Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.

In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. or Google (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. PhotoHala is not responsible for any act or omission of any Service Provider. PhotoHala does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must change the password or notify PhotoHala immediately to prevent illegitimate use.

You must be at least 13 years old to use the Service.

You may not post violent, discriminatory, unlawful, infringing, racist, hateful photos or other content.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, then you must immediately notify us at photohala@gmail.com.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

PAYMENT

Access to the Service, or to certain features of the Service, may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider.

CONTENT SUBMISSIONS

Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you make available to the Service, including without limitation its legality, reliability, and appropriateness. You retain any and all of your ownership rights to any Content you make available on or through the Service and you are responsible for protecting those rights.

We ask that you respect our on-line community and other users when posting Content and using the Service. You agree not to:

Submit material that violates a third party’s proprietary rights, including without limitation privacy and publicity rights, or that otherwise violates any applicable law;

  • Publish falsehoods or misrepresentations that could damage us, our users or any third party;

  • Publish any private information of someone, like their address, phone number, email address, and similar information without their permission;

  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • Post advertisements without prior consent or contract with us ;

  • Impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals, including without limitation by use of our trademarks, service marks, logos, branding or names without express written authorization from us;

  • Solicit a user’s password or other account information; or Harvest user names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service.

Since the Service may not always be available and your Content on the Service may not always be available, you agree not to rely on the Service for the purposes of Content access, storage or backup. PhotoHala will not be liable to you for any modifications, suspension or discontinuation of the Service or the loss of any Content.

CONTENT OF SERVICE

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, including relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. If notified by a user or content owner that Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.

COPYRIGHT POLICY

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:

  • ​​An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of the material that you claim is infringing and where it is located on the Service;

  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

TERMINATION

If you breach any of the provisions of the Terms, your permission to use the Service will terminate automatically. There is no tolerance for abusive users, users who violates children policy or users who share/post objectionable content. User account would be blocked temporarily  or permanent depending on user behaviour or objectionable content. Additionally, we have the right in our sole discretion to suspend or disable your access to or use of the App(s) and/or Service or to terminate your Account and the Terms at any time, with or without notice. You may terminate the Terms at any time, with or without notice, by deleting your Account and discontinuing all access to and use of the Service. 

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