Updated: December 8, 2014
Thanks for using FotoSwipe!
The following terms and conditions (the “Agreement”) govern all use of the “FotoSwipe” application (“Application”). The Application is owned and operated by FotoSwipe, Inc. (“FotoSwipe”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
FotoSwipe reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following email notification of any changes to this Agreement constitutes acceptance of those changes. This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
1. AGE RESTRICTION. User hereby certifies to FotoSwipe that if User is an individual (i.e., not a corporation) User is at least 14 years of age. User also certifies that it is legally permitted to use the Application.
2. LICENSE. Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferable, non-sublicensable to access download and use the Application solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.
3. RESTRICTIONS. User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, FotoSwipe shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
User shall not (i) submit false information to the Application, or (ii) use the Application for any purpose that is unlawful or prohibited by this Agreement.
4. FILE SHARING AND USER CONTENT. The Application allows Users to store, sync and share documents, files, materials, content, data and any other information User submits to, or through, the Application (User’s “Content”). USER ACKNOWLEDGES AND AGREES THAT BY UTILIZING ANY OF THE AFOREMENTIONED FEATURES, USER CONSENTS TO FotoSwipe AND ITS AGENTS AND PROVIDERS (I) ACCESSING YOUR DEVICE FOR SUCH PURPOSES, AND (II) STORING, SYNCING AND SHARING USER’S CONTENT AS INDICATED/REQUESTED BY USER THROUGH USER’S USE OF THE APPLICATION. USER HEREBY GRANTS TO FotoSwipe ALL NECESSARY RIGHTS AND LICENSES (SUCH AS THE RIGHT AND LICENSE TO USE, COPY, MODIFY, TRANSMIT, DISTRIBUTE, STORE AND CACHE SUCH CONTENT) AS REASONABLY NECESSARY FOR FotoSwipe TO ACHIEVE SUCH ACTIVITIES.
User is solely responsible for maintaining and protecting all Content that is stored, retrieved or otherwise processed by or in connection with the Application. Without limiting the foregoing, User will be responsible for all costs and expenses that User or others may incur with respect to backing up, and restoring and/or recreating any Content that is lost or corrupted as a result of User’s use of the Application. User access/uses/relies on the Content of other Application users at User’s own and sole risk.
With respect to all Content, User represents and warrants that (i) User the full right and authority to do so, (ii) no such Content will infringe or misappropriate or otherwise violate the rights of any third party, (iii) no such Content will violate any law or regulation, and (iv) no such Content will damage or otherwise adversely affect the Application or any of the systems used by or on behalf of FotoSwipe to host or otherwise provide the Application.
5. INDEMNIFICATION. User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless FotoSwipe, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with User’s (i) access to or use of the Application, (ii) Content, or (iii) violation of this Agreement.
6. WARRANTY DISCLAIMER. THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FotoSwipe MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE APPLICATION WILL NOT DAMAGE OR ALTER CONTENT, OR (III) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL FotoSwipe, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DAMAGE CAUSED TO ANY CONTENT BY THE APPLICATION OR OTHERWISE, OR (IV) FOR MATTERS BEYOND FotoSwipe’S REASONABLE CONTROL. USER UNDERSTANDS THAT THE APPLICATION MAY CONTAIN BUG OR THE LIKE, OR MAY FOR OTHER TECHNICAL REASONS SUCH AS FORMAT COMPATIBILITY, CAUSE ALTERATION OR DAMAGE TO CONTENT – AND USER ACCEPTS SUCH RISK. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. TERMINATION. FotoSwipe may terminate User’s access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. User may terminate User’s account at any time through User’s account page. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
10. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FotoSwipe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FotoSwipe’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with FotoSwipe’s prior written consent. FotoSwipe may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind FotoSwipe in any respect whatsoever.