Last Updated: January 11th, 2024

1. Acceptance of Terms

Legally Binding Agreement

These Terms constitute a legally binding agreement between you ("user" or "you") and photodump.com. You represent that you are at least 13 years of age (or the minimum legal age in your jurisdiction). If you are using our Services on behalf of an entity or organization, you represent that you have the authority to bind that entity or organization to these Terms.

Additional Policies

Your use of the Services is also governed by our Privacy Policy, which is hereby incorporated by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.

Modifications

We reserve the right to modify or update these Terms at any time. We will indicate the date of the most recent changes at the top of this page. Your continued use of the Services after such changes have been posted constitutes your acceptance of the revised Terms.

2. User Accounts

Registration

To use certain features of our Services, you may be required to create an account. You agree to provide true, accurate, current, and complete information as prompted by the registration form and to keep such information updated.

Account Security

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Account Termination

We may suspend or terminate your account at our sole discretion, without liability, and without prior notice if we reasonably believe you have violated these Terms or engaged in fraudulent or illegal activity.

3. User Conduct and Responsibilities

Prohibited Activities

You agree not to use the Services to:

Upload or share any unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable content.
Infringe upon or violate the intellectual property rights of any person or entity.
Engage in any form of unauthorized advertising or solicitation.
Disrupt or interfere with the security or proper functioning of the Services, servers, or networks connected to the Services.
Collect or harvest any personal information of other users without their consent.
Use the Services in any manner that violates applicable local, national, or international laws.

User-Generated Content

Ownership: You retain ownership of any content ("User Content") you upload or submit to the Services. By uploading or submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform such content for the purpose of operating, promoting, and providing the Services.

Responsibility: You are solely responsible for the User Content you post. You represent and warrant that you own or have the necessary rights to upload such User Content, and that such content does not violate these Terms or the rights of any third party.

Monitoring: We reserve the right, but have no obligation, to monitor User Content and remove or disable access to any content at our sole discretion, without notice.

Compliance with Laws

You agree to comply with all applicable laws, rules, and regulations when using our Services. If you are located in a jurisdiction where the use of the Services is illegal, you must not use the Services.

4. Intellectual Property Rights

Company Content

All content provided by us through the Services, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Company Content"), is owned or licensed by us and is protected by intellectual property and other laws. You agree not to reproduce, distribute, or otherwise use the Company Content without our express written permission.

Trademarks

All trademarks, service marks, and trade names (collectively, the "Marks") displayed in the Services are our property or the property of third parties. You may not use any Marks without the prior written permission of the owner of such Marks.

5. Payment and Fees (If Applicable)

Fees

Certain features of our Services may require payment. You agree to pay all fees, charges, and taxes in a timely manner in accordance with the applicable pricing schedule and payment terms.

Billing

If you provide payment information, you warrant that you are authorized to use the payment method and you authorize us (or our third-party payment processor) to charge your payment method. You agree to promptly update your payment information if it changes.

Refunds

Except as required by law or explicitly stated otherwise, all sales or fees are final and non-refundable.

6. Third-Party Links and Services

Our Services may contain links to third-party websites or services that we do not own or control. We do not endorse or assume any responsibility for any such third-party websites or services. If you access a third-party website from our Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

7. Disclaimer of Warranties

"As Is" and "As Available"

The Services, including all content, functions, and information made available through the Services, are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

No Guarantees

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any information on the Services.

Your Responsibility

You acknowledge that your use of the Services is at your sole risk. We are not liable for any damage to your computer or mobile device system or loss of data resulting from your use of the Services.

8. Limitation of Liability

Exclusion of Damages

To the maximum extent permitted by law, photodump.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Services.

Aggregate Liability

To the maximum extent permitted by law, our total liability to you for any cause whatsoever shall not exceed the amount paid by you to us (if any) for access to or use of the Services during the six-month period immediately preceding the event giving rise to the claim.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations or exclusions may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless photodump.com, its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms;
Your User Content;
Your violation of any third-party rights, including intellectual property rights; or
Your violation of any applicable laws or regulations.

10. Termination

By You

You may discontinue your use of the Services at any time by deleting your account or ceasing to access or use the Services.

By Us

We may terminate or suspend your access to all or part of the Services, without notice, for any or no reason, including but not limited to violation of these Terms.

Effect of Termination

Upon termination of your account, your right to use the Services will immediately cease. Any provisions of these Terms which by their nature should survive termination shall survive, including intellectual property, limitation of liability, indemnity, and governing law provisions.

11. Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the jurisdiction in which photodump.com is located, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including their interpretation, breach, termination, or validity, shall be resolved through good faith negotiations between the parties. If such dispute cannot be resolved amicably, it may be submitted to the competent courts in the jurisdiction in which photodump.com is located.

Class Action Waiver

You agree that any disputes against photodump.com shall be conducted only on an individual basis. You hereby waive any right to litigate any claims as a plaintiff or class member in any purported class or representative proceeding.

12. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and photodump.com regarding the use of our Services, superseding any prior agreements between you and us relating to the Services.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without our prior written consent. We may assign these Terms without restriction.

Relationship of Parties

No joint venture, partnership, employment, or agency relationship exists between you and photodump.com as a result of these Terms or your use of the Services.

Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, fires, natural disasters, and strikes.

13. Contact Us

If you have any questions about these Terms or if you need to provide any notices to us, please contact us at:

Email: legal@photodump.com

Disclaimer

This Terms of Service document is provided for general informational purposes only and does not constitute legal advice. If you have any legal questions or concerns regarding these Terms, we encourage you to consult with a licensed attorney.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not access or use our Services.