Fotoloop

These Terms of Use are effective on January 14, 2016

1. Your Acceptance

This is an agreement between Gin Gindre (the “Provider”, “we”, or “us”), a legal person based in Madrid, Spain, the owner and operator of the Fotoloopapp website (www.fotoloopapp.com), the Fotoloop software, including the Fotoloop application, (collectively, the “Fotoloop Service”, or the “Service”) and you (“you” or “You”), a user of the Service. By using this service, you acknowledge and agree to these Terms of Use, and our Privacy Policy. If you choose to not agree with any of these terms, you may not use the Service.

We are constantly striving to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice within the Fotoloop mobile application.

If you don’t agree with the Terms, you are free to reject them; however, that means you will no longer be able to use the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes.

2. Fotoloop Service

These Terms of Use apply to all users of the Fotoloop Service. Information provided by our users through the Fotoloop Service may contain links to third party websites that are not owned or controlled by the Provider. The Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Provider will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that the Provider shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. Fotoloop Access

A. Subject to your compliance with these Terms of Use, the Provider hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without the Provider’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Fotoloop may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Fotoloop to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You must notify us immediately of any breach of security or unauthorized use of your mobile phone (support@fotoloopapp.com). Although the Provider will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Provider or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “crawls”, “scrapes”, “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, etc., that accesses the Service in a manner that sends more request messages to the Fotoloop servers in a given period of time than a human can reasonably produce in the same period by using the Fotoloop application, and you are forbidden from ripping the content unless specifically allowed. The provider reserves the right to revoke these exceptions either generally or in specific cases. We disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Fotoloop clients. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

D. Your use of the Service is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Service or interact with the Service in a manner that:

A violation of any of the foregoing is grounds for termination of your right to use or access the Service.

4. Intellectual Property

The materials displayed or performed or available on or through the Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including the Provider’s) rights.

You understand that the Provider owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Service.

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

Although the Service may allow you to copy or download certain Content, all restrictions above still apply.

5. User Submissions

Anything you post, upload, share, store, or otherwise provide through the Service is your “User Submission”. Some User Submissions are viewable by other users. In order to display your User Submissions on the Service, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions and your personally-identifiable information.

For all User Submissions, you hereby grant the Provider a license to translate, modify (for technical purposes) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Service and/or produce any product you request, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Fotoloop account, in a manner that is not viewable by any other user except you, you grant us the license above, as well as a license to display, perform, reproduce and distribute your User Submission for the sole purpose of making that User Submission accessible to you and providing the Service necessary to do so and/or produce any product containing such User Submission you request.

If you share a User Submission only in a manner that only certain specified users can view, then you grant the Provider the licenses above, as well as a license to display, perform, reproduce and distribute your User Submission for the sole purpose of making that Submission accessible to such other specified users, and providing the Service necessary to do so and/or produce any product containing such Submission such other specified users request. Also, you grant such other specified users a license to access that Submission, and to use and exercise all rights in it, as permitted by the functionality of the Service and/or produce any product containing such Submission such other specified users request.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your Fotoloop account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Fotoloop’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

You understand and agree that the Provider, in performing the required technical steps to provide the Service to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.

Finally, in the course of fixing or investigating technical errors or server overload or crashes, we and contractors may view User Submissions. We respect our users’ privacy, and will only investigate User Submissions when absolutely necessary. Unless legally obligated to do so, we will not repost, distribute or otherwise share any User Submissions beyond such User Submissions’ intended audience unless directed to do by you.

6. Content responsibility

Any information or content posted or privately transmitted through the Service is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact in using the Service and are not responsible for which users gain access to the Service.

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that the Provider is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.

6. Warranty Disclaimer

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, the Provider disclaims all warranties, express or implied, in connection with the service and your use thereof. The provider makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the the Service. The provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the the Service or any hyperlinked website or featured in any user status submission or other advertising, and We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7. Limitation of Liability

In no event shall the provider be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Fotoloop service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the provider is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that the Provider shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by the Provider from Spain. The Provider makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless the Provider from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. We don’t support or encourage illegal consumption of alcohol or tobacco.

9. Ability to Accept Terms of Service

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Provider without restriction.

11. Pricing

The Service is currently free, but we reserve the right to charge for part or all of the Service in the future. We will notify you before any change in pricing.

12. Account Deletion or Termination

You’re free to delete your account at any time, by contacting us at support@fotoloopapp.com; please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Service.

We are also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms. The Provider has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of the Provider.

If you have deleted your account by mistake, contact us immediately at support@fotoloopapp.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

13. Relating to the Fotoloop App available via the Apple App Store

These Terms apply to your use of the Service, including applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

13. Choice of Law

These Terms are governed by and will be construed under the laws of Madrid, Spain, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Madrid, Spain. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Madrid, Spain.

14. Miscellaneous

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and the Provider agree that these Terms are the complete and exclusive statement of the mutual understanding between you and the Provider, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms 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 these Terms and you do not have any authority of any kind to bind the Provider in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and the Provider agree there are no third party beneficiaries intended under this Agreement.