o0up0o.com (the "Site"), which is an image sharing service that allows Users (as defined in the following paragraph) to store images and share them across the internet and create unique personal profiles online. o0up0o allows Users to upload images and associate them with a unique URL to create online access to the images for themselves and others, on the site and on other websites where a User posts the URL ("the quick link feature"). The services offered by o0up0o include the Site, image sharing (including the quick link feature), other features (for example, image editor, links to partner providers), and any other features, content, mobile services, o0up0o branded URLs or applications offered from time to time by o0up0o in connection with o0up0o's business (collectively, the "o0up0o Services") The o0up0o Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the o0up0o Services. Use of the Site is also governed by the o0up0o Privacy Policy, which is incorporated into this Agreement by this reference. By using the o0up0o Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the o0up0o Services without being registered) or you are a "Member" (which means that you have registered with o0up0o). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the o0up0o Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the o0up0o Services immediately. If you wish to make use of the o0up0o Services, read this Agreement and reaffirm your acceptance during the registration process.
This Agreement includes o0up0o's policy for acceptable use of the o0up0o Services and Content (as defined in Section 6.1 below) posted on or through the o0up0o Services and your rights, obligations and restrictions regarding your use of the o0up0o Services and Content posted on or through the o0up0o Services. In order to participate in certain o0up0o Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from o0up0o. Unless otherwise provided by the additional terms and conditions applicable to the o0up0o Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: admin@o0up0o.com, Subject: Terms of Use Agreement.
o0up0o may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by o0up0o on the Site. Your continued use of the o0up0o Services after o0up0o posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the o0up0o Services and that you make available directly or indirectly to other Users. Your o0up0o profile and any Content that you upload to o0up0o may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other o0up0o Users (for instance, in their profile or images) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and o0up0o assumes no responsibility or liability for this material. If you become aware of misuse of the o0up0o Services by any person, please click on the "Report Offensive Material" link on the image view pages.
o0up0o reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including images) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the o0up0o Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. o0up0o expressly reserves the right to remove any or all of your images, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the o0up0o Services if o0up0o determines, in its sole discretion, that you have violated this Agreement or pose a threat to o0up0o and/or its Users.
1. Eligibility. Use of the o0up0o Services and/or registration to be a Member for the o0up0o Services ("Membership") is void where prohibited. By using the o0up0o Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the o0up0o Services does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the o0up0o Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. o0up0o may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the o0up0o Services is terminated, this Agreement will remain in effect in its entirety.
3. Fees. You acknowledge that o0up0o reserves the right to charge for any portion of the o0up0o Services and to change its fees (if any) from time to time in its discretion. If o0up0o terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify o0up0o immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Users. The o0up0o Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by o0up0o. o0up0o reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the o0up0o Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images and/or Member profiles without notice or explanation and may result in termination of Membership privileges. o0up0o reserves the right to take appropriate legal action for any illegal or unauthorized use of the o0up0o Services.
6. Proprietary Rights in Content on o0up0o.
6.1 o0up0o does not claim any ownership rights in the text, files, images, photos, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the o0up0o Services. By displaying or publishing ("posting") any Content on or through the o0up0o Services, you hereby grant to o0up0o and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content will be publicly available, and o0up0o and other Users may copy or display Content outside of the o0up0o Services through the quick link feature or through any other display mechanisms.
6.2 You represent and warrant that: (i) you own the Content posted by you on or through the o0up0o Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the o0up0o Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the o0up0o Services.
6.3 The o0up0o Services contain Content of o0up0o ("o0up0o Content"). o0up0o Content is protected by copyright, trademark, patent, trade secret and other laws, and o0up0o owns and retains all rights in the o0up0o Content and the o0up0o Services. o0up0o hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the o0up0o Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the o0up0o Services.
6.4 The o0up0o Services contain Content of Users and other o0up0o licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the o0up0o Services.
6.5 o0up0o performs technical functions necessary to offer the o0up0o Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the o0up0o Services.
6.6 Although the Site and other o0up0o Services are normally available, there will be occasions when the Site or other o0up0o Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of o0up0o. Also, although o0up0o will normally only delete Content that violates this Agreement, o0up0o reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by o0up0o in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, o0up0o encourages you to maintain your own backup of your Content. In other words, o0up0o is not a backup service. o0up0o will not be liable to you for any modification, suspension, or discontinuation of the o0up0o Services, or the loss of any Content.
7. Content Posted.
7.1 o0up0o may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of o0up0o violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. o0up0o assumes no responsibility for monitoring the o0up0o Services for inappropriate Content or conduct. If at any time o0up0o chooses, in its sole discretion, to monitor the o0up0o Services, o0up0o nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the o0up0o Services, and any material or information that you transmit to other Users and for your interactions with other Users.
8. Content/Activity Prohibited. You must use the o0up0o Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the o0up0o Services. o0up0o reserves the right to investigate and take appropriate legal action against anyone who, in o0up0o's sole discretion, violates this provision, including without limitation, removing the offending Content from the o0up0o Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of o0up0o:
8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from o0up0o such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph of another person that you have posted without that person's consent; or
8.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the o0up0o Services. o0up0o reserves the right to investigate and take appropriate legal action against anyone who, in o0up0o's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.16 criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid scemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.17 advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the o0up0o Services. You may not transmit any chain letters or junk email to other Users.
8.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the o0up0o Services;
8.19 forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or o0up0o Services to send altered, deceptive, or false source-identifying information;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 interfering with the access of any User, host or network to the Site;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any o0up0o page via HTML/CSS or any other means;
8.23 including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
8.24 any automated use of the system, such as, but not limited to, using scripts to send images;
8.25 interfering with, disrupting, or creating an undue burden on the o0up0o Services or the networks or services connected to the o0up0o Services;
8.26 impersonating or attempting to impersonate another User, person or entity;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the o0up0o Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the o0up0o Services on behalf of that person;
8.31 deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
8.32 using any meta tags or other hidden text or metadata utilizing a o0up0o name, trademark, URL or product name without o0up0o's express written consent;
8.33 attempting to probe, scan or test the vulnerability of any o0up0o Service or breach any security or authentication measures;
8.34 collecting or store personal data about other users without their express permission;
8.35 impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or
8.36 using the o0up0o Services in a manner inconsistent with any and all applicable laws and regulations.
9. Member Disputes. You are solely responsible for your interactions with other Members. o0up0o reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
10. Disclaimers. o0up0o is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the o0up0o Services, whether caused by Users of the o0up0o Services or by any of the equipment or programming associated with or utilized in the o0up0o Services and such Content does not necessarily reflect the opinions or policies of o0up0o. Profiles and third-party applications created and posted by Users on the Site may contain links to other websites. o0up0o is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by o0up0o. Inclusion of any linked website on the o0up0o Services does not imply approval or endorsement of the linked website by o0up0o. When you access these third-party sites, you do so at your own risk. o0up0o takes no responsibility for third-party advertisements or third-party applications that are posted on or through the o0up0o Services, nor does it take any responsibility for the goods or services provided by its advertisers. o0up0o is not responsible for the conduct, whether online or offline, of any User of the o0up0o Services. o0up0o assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. o0up0o is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the o0up0o Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the o0up0o Services. Under no circumstances shall o0up0o be responsible for any loss or damage, including personal injury or death, resulting from use of the o0up0o Services, from any Content posted on or through the o0up0o Services, or from the conduct of any Users of the o0up0o Services, whether online or offline. The o0up0o Services are provided "AS-IS" and as available and o0up0o expressly disclaims any warranty of fitness for a particular purpose or non-infringement. o0up0o cannot guarantee and does not promise any specific results from use of the o0up0o Services.
13. Limitation on Liability. IN NO EVENT SHALL o0up0o BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE o0up0o SERVICES, EVEN IF o0up0o HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, o0up0o'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO o0up0o FOR THE o0up0o SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the o0up0o Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the o0up0o Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and o0up0o agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the o0up0o Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold o0up0o, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the o0up0o Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the o0up0o Services causes o0up0o to be liable to another.
17. Protecting Copyrights and Other Intellectual Property. o0up0o respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. o0up0o has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the o0up0o Services in a way that constitutes copyright infringement, please follow the procedures set forth in the Photobucket Copyright and IP Policy.
18. Other. This Agreement is accepted upon your use of the Site or any of the o0up0o Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and o0up0o regarding the use of the o0up0o Services. The failure of o0up0o to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: admin@o0up0o.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
