photoscape-free.com (“photoscape-free.com”) is providing you with this software (the “Software”) on an “As-Is” basis, free of charge, subject to the terms of this End User License Agreement (this “Agreement”). Please read this Agreement in its entirety prior to using the Software.
Section 1. Acknowledgement of Documents Governing Use
Section 2. Representations and Warranties
You represent and warrant that your usage of the Software and our other Services will only be for lawful purposes and will be in accordance with this Agreement, the Terms of Service and all applicable laws generally. You also represent and warrant that you will not use the Software or any of our other Services to violate any law, regulation or ordinance or any right of photoscape-free.com or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to enter into this Agreement. You represent and warrant that all registration information provided by you, if any, in connection with accessing and/or using the Services, such as registration information you provided to third party service providers, is true, accurate, current and complete and you undertake to update all such registration information if at any time during your use of the Services it becomes untrue or inaccurate. You represent and warrant that you are at least 13 years old. If you are a child under the age of 13 you are not permitted to use the Software or any of the Services. If it comes to the attention of photoscape-free.com by substantiated means that a registered user of the Software or any of our Services is a child under the age of 13 years old, photoscape-free.com will act promptly to cancel that user’s account, and no notice shall be required of such cancellation.
Section 3. Use for Lawful Purposes Only
You may use the Services, in whole or in part, for lawful purposes only. Without limiting the generality of the foregoing, you may not use the Services, or any portion thereof, (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, (iv) to falsify your identity or impersonate another person, or (v) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by photoscape-free.com in its sole and absolute discretion.
Section 4. Restrictions on Use
You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute other works with the Software, or any information available on, extracted or derived from the Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Software or the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable or otherwise affect features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product that communicates, accesses, or otherwise connects with the Service or any other instant messaging, Internet, or online service. You further agree to abide by all laws and regulations in effect regarding your use of the Software and, more generally, the Services. Finally, you may not authorize or assist any third party to do any of the things described in this section.
Section 5. Proprietary Rights
photoscape-free.com owns all intellectual property in the Services, including without limitation, the proprietary databases, software, servers, components, and algorithms necessary to operate and provide the Services. Certain of the Services may at times link to or contain content made available from third parties not associated with photoscape-free.com. Any such third party content is owned by such third party and may be subject to applicable copyright and other related intellectual property laws. photoscape-free.com’s formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by photoscape-free.com. In all cases, this Agreement does not operate to grant you any rights to use any of photoscape-free.com’s content or that owned by third parties which appears within, is available through, or is linked to from our Services. Without the express permission of photoscape-free.com, you may not publish, display, transmit, modify, participate in the sale or transfer of, create derivative works from or in any way exploit the content or material of the Services or any portion of it, unless permitted expressly under applicable copyright laws. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use. photoscape-free.com and the photoscape-free.com logo and/or other photoscape-free.com services and products referenced herein are or may be trademarks and/or servicemarks of photoscape-free.com. Nothing in this Agreement grants you any license to use any trademark, servicemark, names or logos of photoscape-free.com. The names of other products and companies contained within our Services may be the trademarks or servicemarks of their respective owners. We respect the intellectual property rights of others. In compliance with 17 U.S.C. § 512, if you believe any content on our Services infringes your intellectual property rights, please contact us (in writing, including your name, address, and telephone number, and providing a description and the location of the alleged infringing material) at the address stated at the end of this Agreement so that we may review any alleged infringement.
Section 6. Posting Materials.
Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services. photoscape-free.com reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services.
Section 8. Information Submission
BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY photoscape-free.com. photoscape-free.com CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL, WITH THE EXCEPTION OF PRIVATE COMMUNICATIONS BETWEEN A USER AND OTHER USERS THAT ARE NOT SUBSEQUENTLY MADE AVAILABLE TO photoscape-free.com. You represent and warrant that you have no rights of any kind to any information or materials that you submit to or through the Services. Furthermore, you hereby grant photoscape-free.com an unrestricted, perpetual, irrevocable license to use, display, perform, reproduce, adapt, modify, transmit and distribute all information and materials that you submit to or through the Services in any and all media. Finally, to the extent you submit to photoscape-free.com any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party.
Section 9. Third Party Services.
Certain portions of our Services contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). photoscape-free.com provides these Third Party Services to you as a convenience only and photoscape-free.com does not, in any way, control or manage such Third Party Services. As such, photoscape-free.com is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Services, photoscape-free.com is not endorsing or warranting such Third Party Services in any way. Furthermore, photoscape-free.com does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever. Without limiting any of the foregoing, portions of the Services offered by photoscape-free.com may contain functionality that allows for the sending, delivering or receiving of information between photoscape-free.com and photoscape-free.com users, as well as between photoscape-free.com users and users of certain Third Party Services, which may be relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by photoscape-free.com (“Third Party Networks”). photoscape-free.com cannot and shall not in any way be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Party Networks or the information sent, delivered, relayed, carried or received through any such Third Party Networks. Notwithstanding anything herein, photoscape-free.com does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Party Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.
Section 10. Disclaimer of Warranties.
ALL OF THE SERVICES OF photoscape-free.comLUDING WITHOUT LIMITATION, THE SOFTWARE, ARE MADE AVAILABLE ON AN “AS IS, AS AVAILABLE” BASIS. photoscape-free.com DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OFFERED BY photoscape-free.comLUDING WITHOUT LIMITATION, THE SOFTWARE, THE WEBSITES AND/OR ANY INFORMATION DELIVERED, SENT, OR RECEIVED BY USERS ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SOFTWARE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. photoscape-free.com DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY PORTION THEREOF, INCLUDING THE SOFTWARE, THE ACCESSIBILITY TO THE SERVICES OR ANY PORTION THEREOF, OR THE INFORMATION PROVIDED IN THE VARIOUS photoscape-free.com DATABASES, LISTINGS DATA, AND DIRECTORIES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE, AND ACCESS TO THE photoscape-free.com SERVERS OR THE VARIOUS DATABASES, LISTINGS DATA, AND DIRECTORIES, IS ASSUMED AND BORNE BY YOU. photoscape-free.com DOES NOT REPRESENT OR WARRANT TO THE ACCURACY, VALIDITY, RELIABILITY, CORRECTNESS, COMPLETENESS OR QUALITY OF ANY INFORMATION OF ANY NATURE INCLUDING WITHOUT LIMITATION USER’S DETAILS PUBLISHED ON OR THROUGH THE SERVICES. photoscape-free.com further does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use the Services. Additionally, and without limiting the generality of the foregoing disclaimers in this Section 10, photoscape-free.com does not warrant or guarantee (i) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else that could result in the proliferation of menacing or destructive code or properties; (ii) that the information available on or through the Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (iii) that the Services provided by photoscape-free.com and the functions or services performed by photoscape-free.com will be uninterrupted or error-free; or (iv) that defects in the Services will be corrected in a timely fashion or at all. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
Section 11. Limitation of Liability.
photoscape-free.com WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES PROVIDED BY photoscape-free.comLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITE AND/OR ANY OF THE VARIOUS LISTINGS AND DIRECTORIES, REGARDLESS OF WHETHER photoscape-free.com SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, photoscape-free.com’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Without limiting the foregoing, in no event will photoscape-free.com’s liability with respect to this Agreement or the Terms of Service in general exceed the greater of (i) the amount you paid (if you paid) to photoscape-free.com for the Services, including the Software, or (ii) the average monthly access fee paid by you to your local telephone company or communication provider, solely and specifically for access to the Services. Furthermore, the entire risk as to the quality and performance of the Services, and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.
Section 12. Indemnification.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless photoscape-free.com and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms of Service, any content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.
Section 13. Security and Privacy Limitations
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient; and (5) that by activating certain features, you may provide third parties with certain limited remote access to certain files on your computer. Activating these features increases the risk that third parties will be able to tamper with your computer.
Section 14. Paid Services.
The Services are provided to you free of charge, unless expressly stated otherwise by photoscape-free.com. If any payments were made by you for any materials, equipment, products or services that bundle or offer any part of the Services, or for accessing the Services through any platform or network, you acknowledge, that such payments were made for the equipment, products, services or access so offered, and not for the actual Services offered by photoscape-free.com. Any telephone or other communications charges incurred by you to access the Services are your responsibility. Since these charges are your responsibility, you should contact your local telephone company or communication provider if you have a question about whether your access carries any long distance charges or other toll charges from your location. In some cases, photoscape-free.com may offer use of or access to certain premium or subscription content or services on or through the Services for which a charge may apply (collectively, “Paid Services). Some Paid Services may require that you agree to additional terms and conditions, which will supplement this Agreement and the Terms of Service in general.
Section 15. European Users.
photoscape-free.com users in the European Union, by using all or any portion of the Services, understand, acknowledge and agree to the processing of their anonymous information in the United States.
Section 16. Termination
photoscape-free.com reserves the right to terminate, suspend, modify, remove, or otherwise alter (i) your account with photoscape-free.com, (ii) the Services you are allowed to access, and (iii) all or any portion of any User Generated Content you may have added to the Services, in whole or in part. photoscape-free.com is not obligated to provide you with any advance notice prior to taking any, some or all of the foregoing permissible actions. The Software can be uninstalled by using the standard Windows Add/Remove functionality. Select “photoscape-free.com” and choose “Uninstall” or “Remove” based on your Windows Operating System.
Section 17. photoscape-free.com Support
Use of the Services is at your own complete risk. photoscape-free.com may provide assistance to its users, in its sole and absolute discretion, but is not obligated to do so and may terminate any assistance at any time without notice to you. photoscape-free.com does not undertake nor is it obligated to provide you with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Services, including without limitation, the Software.
Section 18. Rights and Remedies
Nothing contained in this Agreement is intended to confer upon any person not a party to this Agreement any rights or remedies. Furthermore, you understand and agree that the photoscape-free.com Terms of Service, including without limitation, photoscape-free.com’s enforcement of such Terms of Service, are not intended to confer, nor do they confer, any rights or remedies upon any person other than photoscape-free.com. You acknowledge and agree that, in addition to any other legal remedies that may be available to it, photoscape-free.com may seek and obtain injunctive relief against you in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of photoscape-free.com contained in or accessible through use of the Services, the disclosure of which would give rise to irreparable injury to photoscape-free.com, which could not adequately be compensated in damages.
Section 19. Notices.
Section 20. Construction.
If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties hereto, and the remaining portions shall remain in full force and effect.
Section 21. Assignment.
photoscape-free.com reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a parent, subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
Section 22. Amendments and Modifications.
photoscape-free.com reserves the right, in its sole and absolute discretion, to change, alter, modify, amend or otherwise revise, from time to time, all or any portion of the Terms of Service, with or without a release of new Services, including without limitation new Software. Your continued use of the Services following a notice of change to the Terms of Service has been provided in accordance with Section 20 hereof will be deemed to be your consent to and agreement with any and all such changes, alterations, modification, and/or amendments and they will thereafter be deemed a part of the Terms of Service without further notice to you. Subject to the foregoing, you further agree to be bound by the provisions of the license agreement available on the photoscape-free.com website at photoscape-free.com/eula.html, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
Section 23. Survival.
The provisions of this Agreement addressing usage restrictions, disclaimers of representations and warranties, intellectual property rights and obligations, indemnity obligations, Paid Services, and governing law shall survive the termination of this Agreement for any reason, your use of all or a portion of the Services and your use of or access to Paid Services.
Section 24. Governing Law
This Agreement and the Terms of Service, including any changes undertaken in accordance with Section 23 hereof, shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law rules. Notwithstanding the foregoing, your use of all or a portion of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with photoscape-free.com or relating in any way to your use of the photoscape-free.com Services resides in the courts of Los Angeles, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving photoscape-free.com or its affiliates, parents, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Section 25. Export Control.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to photoscape-free.com any data that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
Section 26. Headings.
The headings and captions used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.
Section 27. References to photoscape-free.com.
Any reference made in this Agreement to “photoscape-free.com” shall be deemed to have been made to photoscape-free.com, and any subsidiaries, successors, assignees, and affiliates, as well as any company that controls photoscape-free.com, directly or indirectly, and any other subsidiary of that controlling company.
Section 28. Violations
If you believe there have been any violations of this Agreement or the Terms of Service in general, whether by you or another, you agree to report it to [email protected] as soon as possible.
Section 29. Comments
If you have comments about the Software, you may contact us at [email protected] or at photoscape-free.com App Team, 483 Greenacres, London, N13 4BS. You understand and agree that any comments you provide may be used by us in our sole and absolute discretion without any compensation of any kind.