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MyPhotos Terms of Use

Welcome to My Photos (the "Services and Products")! Our Services and Products are provided subject to the following terms and conditions. The website is owned and operated by Art.com, Inc.

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Privacy and Other Terms

You should review our Privacy Policy to understand our privacy practices. Your use of the Services and Products is also subject to our Terms of Use and Terms of Sale.

User Content

The term "User Content" shall refer to any materials you upload, post, or otherwise transmit to this website (the "Site"), including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.

User Content Guidelines

Users of My Photos must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.

  • Intellectual property violations. Users must honor the intellectual property rights of others. Users shall not post or distribute content to which they do not own the copyright. In addition, users shall not post or distribute images or other content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party’s rights of privacy or publicity.
  • Illegal Acts
  • . Users shall not post or distribute content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.
  • Hate and social intolerance. Users shall not post or distribute content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.
  • Illicit drugs and drug paraphernalia. Users shall not post or distribute content that displays illegal drugs or the paraphernalia used for them.
  • Language. Users shall not post or distribute content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.
  • Pornography. The Site is not a place for erotica or adult content that crosses the line from art into pornography. We understand that our users may be interested in all varieties and types of images that may include nude figures and affectionate activity. These are legitimate subjects of artistic portrayal. However, under no circumstances shall users post or distribute X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn or any paraphernalia involved with this type of activity.
  • Violence. Users shall not post content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
  • Other harmful or offensive materials. Users shall not post content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to our site.
  • Misrepresentation. Users may not falsely state or otherwise misrepresent their affiliation, or affiliation of their content, with any other person or entity in any way.
  • Commercial activity. Users shall not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations.

The list above is not an exhaustive list of unacceptable content. Rather, it is a set of guidelines for our users to follow. We will determine, in our sole discretion, whether content is in compliance with our User Content Guidelines.

User Content Rights

You will retain ownership rights to any User Content you upload, post, or otherwise transmit to the Site that consists of images in any form ("Image Content"). However, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable right and license to use the Image Content as we deem necessary to enable you to use the Services and Products, purposes which include but are not limited to processing and fulfilling your orders. For all other User Content, including but not limited to reviews, comments, and other communications, you hereby grant to us, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

We reserve the right to preserve and/or disclose any and all User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect the rights of Art.com. Inc., its users or the public.

Access to Uploaded Images

My Photos is NOT an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded images. The images you upload will be accessible to you on the Site for periods ("Accessibility Periods") in accordance with the following terms:

  • For an image that is uploaded, but for which Services have not yet been purchased (“Unpurchased Image”), such Unpurchased Image will be accessible to you on the Site for thirty (30) days from the date the image was uploaded or the last date you returned to the Site to modify, update, or otherwise interact with such image, whichever period is longer. 
  • For an image that is uploaded and for which Services have been purchased (“Purchased Image”), such Purchased Image will be accessible to you for ninety (90) days from the date of the purchase (or repurchase).  If during the ninety (90) day period, you return to the Site to modify, update, or otherwise interact with such Purchased Image, the image will be accessible to you either for the time remaining on your ninety (90) day “Accessibility Period” or for an additional thirty (30) days from the date of any such interaction, whichever period is longer.

Trademarks

For users without an account, we use cookies to track your session.  Accordingly, if you upload an image and later access the Site from a different computer or if you clear the cookies in your browser, you will not be able to access such previously uploaded image.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, Comments and Question

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to questions@art.com.  By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

Disclaimer of Warranties

THE SITE AND SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "As available" basis without warranties of any kind, express, or implied. To the fullest extent permissible by law, WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that use of the site and the services AND products is at your sole risk. You understand that it is your sole responsibility to back up your Content.

Limitation of Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, OR DATA, RESULTING FROM ANY USE OF THE SITE AND/OR THE SERVICES AND PRODUCTS (REGARDLESS OF WHETHER WE SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE), IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE USE OF THE SITE AND/OR THE SERVICES AND PRODUCTS EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO USE OR ACCESS THE SITE AND/OR THE SERVICES AND PRODUCTS. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

Indemnity

By using the Services and Products, you agree to defend, indemnify and hold harmless Art.com, Inc. and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, "Art.com") from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney's fees) (together, "Indemnification Costs") related to any action, suit, claim or proceeding made, brought or threatened by a third party against Art.com arising out of or in connection with any content you upload, post, or otherwise transmit on or through the Site, your conduct, your violation of the these My Photos Terms of Use or your violation of the rights of any third party. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.

Applicable Law

By visiting the website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these My Photos Terms of Use and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Alameda County, California, and you consent to exclusive jurisdiction and venue in such court.

Subject To Change Without Notice; Severability

We reserve the right to make changes to our site, policies, and these My Photos Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.



Updated September 21, 2012