1. Introduction

Freephotoframes is a photo discovery platform for free to use, high-definition photos. We (Freephotoframes Inc., a Canadian corporation) operate the Feephotoframes website at Freephotoframes.com (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Freephotoframes to be bound by the terms and conditions in these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), unless you live in the United Kingdom or the European Union, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 18 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.

2. Eligibility

The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.

3. Limited License to Use the Service (but not the Photos)

Conditioned on your continued compliance with these Terms, we grant you permission to access the Service only for your personal use.

4. User Content

YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.

• At a High Level. The Service lets you upload and post your Photos, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.

• Limited License to Us. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your Photos and that your Photos will be made available to the public for their use without providing you attribution or compensation.

• Authority. When you upload Photos to the Service, in addition to the license that you grant us to post the Photos publicly and permit other Freephotoframes users to download and use them, you also authorize us under your copyrights to enforce any violations of the sublicenses we grant in the Photos to others. In other words, if an Feephotoframes user misuses one of your Photos downloaded from the Service, you authorize us to enforce your copyrights in the Photos on your behalf. If you are interested in learning more about this, please see our FAQs.

• Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:

  • You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6; and
  • Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.

• Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.

5. Digital Millenium Copyright Act

We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our Designated Agent at:

E-mail: [email protected]

Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;

• a statement from you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

• a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.

6. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

• Use the Service for any illegal purpose or in violation of any laws or regulations;

• Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;

• Upload, post, or publish any User Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

• Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);

• Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);

• Perform fraudulent activities, such as impersonating another person or lying about your date of birth;

• Sell copies of Photos without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Photos beyond simple retouches, resizing, or other minimal changes so long as they are not done by automated means (i.e., selling unaltered, slightly altered, or altered by automatic script copies of the Photos), including selling them as prints or printed on physical goods;

• Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;

• Except for use of the Feephotoframes API in accordance with our API Terms, access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);

• Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Photos to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;

• Transfer your rights to use the Service or to view, access, or use any Materials; or

• Attempt to do, or assist anyone else to do, any of these things.

7. Privacy Policy and Additional Requirements

• We take privacy seriously, and we want you to know what information we are collecting from you and how we are using it. Please read our privacy policy (the “Privacy Policy”) carefully. The Privacy Policy is incorporated into these Terms as part of our agreement.

• Additionally, we may notify you of additional requirements that you need to follow when using the Service, including the Feephotoframes License (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.

8. Disclaimer, No Warranties

WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.

EXCEPT AS PROVIDED IN SECTION 16 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.

THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.