PhotoTime Terms of Use

By using PhotoTime, you agree to these terms. Please read them carefully.

PRIVACY

Please review our privacy policy, which also governs your use of the Services and is incorporated into these terms, to understand our practices.

IMAGE RECOGNITION

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.

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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

Subject to your compliance with these Terms of Use, PhotoTime grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by PhotoTime. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PhotoTime. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PhotoTime without express written consent. You may not use any meta tags or any other “hidden text” utilizing PhotoTime’s name or trademarks without the express written consent of PhotoTime. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by PhotoTime terminate if you do not comply with these Terms of Use.

YOUR ACCOUNT

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.

COPYRIGHT COMPLAINTS

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.

DISPUTES

Any dispute or claim relating in any way to your use of any Service, or to these terms or our Privacy Policy will be resolved by binding arbitration, rather than in court,except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

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.

APPLICABLE LAW

By using any Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and PhotoTime.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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.

Copyright Agent
Orbeus, Inc.
111 W Evelyn Ave., Suite 202
Sunnyvale, CA 94086
copyright@orbe.us
408-746-5486

Please note that this procedure is exclusively for notifying Orbeus that your copyrighted material has been infringed.

ADDITIONAL PHOTOTIME TERMS

1.Use of PhotoTime. You may use PhotoTime solely for purposes of enabling you to use and enjoy the Services as provided by PhotoTime, and as permitted by the Terms of Use and these Software Terms. You may not incorporate any portion of PhotoTime into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license PhotoTime or otherwise assign any rights to PhotoTime in whole or in part. You may not use PhotoTime for any illegal purpose. We may cease providing PhotoTime and we may terminate your right to use PhotoTime at any time. Your rights to use PhotoTime will automatically terminate without notice from us if you fail to comply with any of these Software Terms or the Terms of Use. Additional third party terms contained within or distributed with PhotoTime that are specifically identified in related documentation may apply to PhotoTime (or software incorporated with PhotoTime) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Service is the property of PhotoTime and protected by United States and international copyright laws.

2.Use of Third Party Services. When you use PhotoTime, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

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.

4.Information Provided to PhotoTime. PhotoTime may provide us with information relating to your use and the performance of our Services and PhotoTime, as well as information regarding the devices on which you download and use PhotoTime. For example, this information may include the device type, network connectivity, information about when PhotoTime is used, content used through PhotoTime, or occurrences of technical errors. Any information we receive is subject to our Privacy Policy.

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.

6.Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to PhotoTime. If you are a U.S. Government end user, we are licensing PhotoTime to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to PhotoTime are the same as the rights we grant to all others under these Terms of Use.