By using PhotoTime, you agree to these terms. Please read them carefully.
PhotoTime allows you to submit photos to us for analysis, including for detection, recognition, tagging, categorization, and sorting of people, objects, and scenes in the photos. We use facial recognition technology to identify people in photos. When you submit photos to us via the app, you are directing us to analyze, process, copy, store, and create excerpts of those photos on your behalf. You grant us all rights necessary use your photos as contemplated by these terms. You may only submit photos in which you have all necessary copyright and other rights. You must obtain the prior consent of all individuals in each photo you submit to the analysis and use of the photo as contemplated by these terms.
When you use PhotoTime, or send e-mails or other communications from PhotoTime to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, push notices, or by posting notices and messages on this site or through other Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PhotoTime and protected by United States and international copyright laws.
LICENSE AND ACCESS
PhotoTime requires you to create an account to access and use the Services. We may allow you to use an existing login to a third-party service, such as a social network, to create your account. If you do so, we may link your account to that third-party service and receive information about you from the third-party service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. The Services are not intended for children under 13. If you are under 13, you may not use the Services. If you are under 18, you may use the Services only with involvement of a parent or guardian. PhotoTime reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
When permitted by a Service, visitors may post comments and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin any content. PhotoTime reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
PhotoTime respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
THIRD PARTY MATERIALS
The Services may display, include or make available third-party content (including information, applications, products, services, and materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). We are not responsible for examining or evaluating, and we do not warrant, these Third Party Materials. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at your own risk. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY PHOTOTIME ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PHOTOTIME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOTIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTOTIME DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, PHOTOTIME’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PHOTOTIME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOTIME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Orbeus, Inc., 111 W. Evelyn Ave #202, Sunnyvale, CA 94086 USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Orbeus will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that materials hosted by PhotoTime infringe your copyright(s), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) identification of the copyrighted work claimed to have been infringed;
- (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PhotoTime to locate the material;
- (d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
- (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that PhotoTime may not respond to complaints that do not meet these requirements.
Notices for claims of copyright infringement should be sent to the Orbeus agent identified below.
111 W Evelyn Ave., Suite 202
Sunnyvale, CA 94086
Please note that this procedure is exclusively for notifying Orbeus that your copyrighted material has been infringed.
ADDITIONAL PHOTOTIME TERMS
3.No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, PhotoTime, whether in whole or in part, or create any derivative works from or of PhotoTime.
5.Updates. In order to keep PhotoTime up-to-date, we may offer automatic or manual updates at any time and without notice to you.