Terms of Service
Posted and effective as of: August 17, 2018
We're so happy that you've chosen us to help you manage your photos! This is our Terms of Service — it outlines the rules of using Group Photo to ensure safe use for you and all of our other users.
The following Terms of Service ("Terms") cover your use and access to Group Photo Software Inc.'s (“Our”, "We", "Group Photo") services, client software, and websites ("Services"). By using our Services, you are agreeing to be bound by these Terms, including those found in our Privacy, Acceptable Use, and DMCA Policies. We may update these Terms from time to time, and will post those updated documents on our website. Substantive changes to our Terms of Service may be published in a way that requires our users to affirmatively assent to those Terms prior to continuing use of our Services. Your continued use of our Services will constitute binding acceptance of those changes. If any modification is unacceptable to you, your only recourse is to not use Group Photo's Services. You may also contact us at [email protected] to voice your disapproval. We want to create fair terms, so we genuinely welcome your feedback.
1. Group Photo's Services
- We provide a number of Internet-based services through our websites and through our desktop and mobile applications, including media backup, media sharing and curating, media publishing, and chat. These Services are provided “as-is”, and we reserve the right to make modifications to the Services we provide from time to time.
- You need to be at least 13 years old to register for and use the Service.
- If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. Resetting your password will also log out all sessions of your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
4. Your License to Use Our Services
- Upon download and installation of our client software, a limited, non-exclusive, non-transferable, revocable license to use that software is granted, solely for the purpose of accessing our Services.
- Our Services are built on certain technology and intellectual property that we either own or license, and your license to use our Services does not grant you any rights to, title to, or interest in that technology or property. You agree to under no circumstance attempt to reverse engineer or decompile any aspect of our Services, nor collect or use information contained in our Services, nor make use of any of our trademarks or other intellectual property for reasons not expressly allowed for in these Terms.
5. Intellectual Property
6. Account Subscriptions
- In order to make use of our Services, you must subscribe to either a Free Plan or a Standard Plan. Users on a Free Plan subscription are granted access to our Services and a limited amount of storage at no cost. Users on our Standard Plan have access to the same Services and an additional amount of storage, but under the terms of the Standard Plan subscription agree to be charged by Group Photo either monthly or annually.
- Users on a Standard Plan subscription are required to maintain a current and valid payment method at all times. Should that payment method fail for any reason at the end of a billing period, we reserve the right to limit access to or restrict usage of the account until the outstanding balance is paid. We additionally reserve the right to terminate a Standard Plan account, and permanently delete its contents, if its subscription status remains unpaid for 12 months.
- Should you subscribe to our Standard Plan, you also agree to the automatic upgrade of that Plan to the next tier of storage should your account exceed that Plan's limit. The terms of this Automatic Upgrade, including storage limits and pricing for the next tier, are defined through the Standard Plan's signup process.
- You can downgrade your Standard Plan account to a Free Plan account at any time; however, you are solely responsible for the removal of media occupying storage above your Plan's limit. Our support staff are available to help in this process but are unable to affect a change to your monthly or annual subscription amounts until your account's used storage falls under the Free Plan's threshold.
- Any Plan downgrades or cancellations initiated by you are not eligible for a pro-rata refund based on the number of months or days remaining on the term. Account cancellations initiated by us will only eligible for such refund at our sole discretion. However, if you feel that you're entitled to a refund, please contact us at [email protected] and we do our best to arrange for a fair compromise. Any refunds issued are done so at our sole discretion.
7. Your Personal Data, and Data Shared by Others
- Rights to all of the photos, videos, and other media content files that you choose to upload to our servers are retained exclusively and in perpetuity by the owner of the account those files are uploaded into. Our Terms do not give us any rights to your media files except the limited rights we require in order to enable us to offer our Services to you and your social network.
- We uphold the intellectual property rights of others and respond to alleged copyright infringement via the means defined in our DMCA Policy. Images, videos, and audio files you did not create yourself or otherwise own rights to legally belong to someone else. Please respect those rights. Our Services are not provided as a means to share copyrighted material; any users of our Services determined to show a pattern of copyright infringement will be deemed in violation of these Terms. We reserve the right to delete content or disable accounts for that reason without warning and at our sole discretion.
8. Acceptable Use
- In addition to the provisions in these Terms defining limits on media you do not own or have rights to, these Terms also define what we consider “Acceptable Use” of our Services, and the actions we reserve the right to take against users found to be in violation of those Terms. Your use of our Services represents agreement to the Terms presented herein, and also in our Acceptable Use Policy.
9. Use Restrictions
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions. You agree that you will not under any circumstances:
- Collect or harvest any personal data of any user of the Site or the Service
- distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user's account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- use multiple free plan accounts in an attempt to bypass having to pay for the standard plan;
- circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user's browser or computer.
10. Posting and Content Restrictions
- When you create your own personalized account, you may be able to provide photos, videos, audio, and chat messages (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
- The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may remove user content that is in breach of these Terms.
11. Online Content Disclaimer
- Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
- We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
- You may terminate your Group Photo account at any time by submitting an email request to [email protected]
- Group Photo reserves the right to terminate your account at any time, without prior notice, should you breach any terms of this service agreement.
13. Password-Restricted Aspects of Our Service
- Your personal media is protected by the password you configure and your text message phone account when activating your Group Photo account for the first time. Anyone in possession of your login password, or who is able to correctly guess your login password, and who has access to your phone or your phone's account, will have full and complete access to your personal media. For that reason, it is essential that you both choose a password that is sufficiently complex and keep that password safe. You should also contact your telephone supplier and place a password on your telephone account to prevent unauthorized persons from transferring your phone account to a different SIM card. Furthermore, through use of our Services, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree to reset your password at https://groupphoto.com/forgot-password immediately, in such an event. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you. Please notify us at [email protected]
14. General Terms
- You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Arbitration and Jurisdiction
- By using Group Photo's Service, you agree that the Commercial Arbitration Act, applicable Canadian federal law, and the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any sort that might arise between you and Group Photo.