Photodrop Terms of Use

1. Terms

By accessing the Photodrop web site, services, or applications, you are agreeing to be bound by these web site Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

The focus of our Site and Service is to enable you to share photos after trips, events, and get-togethers.

Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. The customer hereby represents and warrants that it is duly licensed to do business, and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of Photodrop and otherwise capable of and authorized to enter binding contracts for the customer.

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services.

2. Use License

You bear responsibility for all activity that happens on your account.

Permission is granted to temporarily view one copy of the materials (information or software) on Photodrop's web site for personal, non-commercial transitory viewing only.

This is the grant of a license, not a transfer of title, and under this license you may not:

You may simply browse the Site or Services (a “Visitor“), or you may become a member of Photodrop (“Member”). Certain areas of the Site or Services, including organizing multiple galleries and storing photos through the Services, are restricted for Members only. In the event you provide us with information on the Site or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Visitors agree not to attempt to access Member areas of the Site.

We can terminate your account for violating any of these terms, or at our reasonable discretion.

You agree that you will not:

  1. Use the service for any commercial purposes (e.g. advertising) unless approved in advance. If you would like to use the Site or Services for commercial purposes please contact us at hello@photodrop.com. Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Site or Services; (b) your use of the Site or Services, or (c) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you;
  2. Conduct or promote any illegal activities while using the Site or Services;
  3. Upload, distribute or print anything that may be harmful to minors;
  4. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  5. Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
  6. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  7. Use the Site or Services to generate unsolicited email advertisements or spam;
  8. Use the Site or Services to stalk, harass or harm another individual;
  9. Take any action that may undermine the feedback or ratings systems;
  10. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
  11. Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
  12. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  13. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  14. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Photodrop at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You understand and acknowledge that all purchases made are subject to all terms and conditions laid forth herein. No refunds will be provided under any circumstances. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

3. Disclaimer and Limitations

In no event and under no circumstances will Photodrop be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Photodrop under this provision, (ii) any compromise of the confidentiality of your Account Credentials, and (iii) any unauthorized access to or use of your Account Credentials. Please notify us immediately if you become aware that your Account Credentials are being used without authorization.

The materials on Photodrop's web site are provided "as is". Photodrop makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Photodrop does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. In no event shall Photodrop or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Photodrop's Internet site, even if Photodrop or a Photodrop authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You agree to defend, indemnify and hold harmless Photodrop, officers, directors, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other Photodrop policies, terms and conditions.

The materials appearing on Photodrop's web site could include technical, typographical, or photographic errors. Photodrop does not warrant that any of the materials on its web site are accurate, complete, or current. Photodrop may make changes to the materials contained on its web site at any time without notice. Photodrop does not, however, make any commitment to update the materials.

THIS SITE AND SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVIES ARE PROVIDED BY PHOTODROP “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTODROP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES, OR THE CONTENT MADE AVAILABLE THROUGH THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

4. Links & Content

Photodrop has not reviewed all of the media or sites linked to its Internet web site and is not responsible for the contents. The inclusion of any media (photo, video, or other) or link does not imply endorsement by Photodrop of the site. Use of any such linked web site is at the user's own risk.

You will be entirely responsible for each individual item of Content that you post on the Site or through the Services. As between you and us, you retain ownership and any intellectual property rights in the Content you post or otherwise make available through the Site or Services. By transferring images to Photodrop you understand that other people may access the unique the link and view/download those images and upload to the gallery. Further, you understand that by sharing the link, anyone that has the link can upload/download images from the gallery or share the link with other people. Do not post content that you consider your intellectual property because links to galleries are public and there is a risk that your gallery content will be viewable and downloadable by a large audience. We respect copyright law, if you believe that any content has been posted violates copyright law or your intellectual property rights, please email us at hello@photodrop.com.

You shall be solely responsible for your own uploaded data and the consequences of submitting and publishing your data on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Photodrop all patent, trademark, trade secret, copyright or other proprietary rights in and to such data for publication on the Service pursuant to these Terms of Service.

You retain all of your ownership rights of your content. However, by uploading data to Photodrop, you hereby grant Photodrop a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, and display the uploaded data.

You bear full responsibility and sole liability for any lost or irrecoverable data, Photodrop isn’t a backup service. You understand and agree that Photodrop reserves the right to delete, move, and archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.

You understand that you may be exposed to offending Content and waive your right to any damages. Content from other Members, suppliers, advertisers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content.

You represent and warrant that you will not post or use any Content in any manner that:

You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not. Photodrop will actively assist and cooperate with law enforcement agencies and government authorities in tendering information about a visitor’s illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING OTHER VISITORS, USERS, OR MEMBERS.

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services you agree we may use the Feedback to modify our Services or create new Services and that you will not be due any compensation. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

Customer has sole responsibility and liability for the data it stores on Photodrop's servers. The customer controls its data through its generated link. Photodrop encourages the customer to archive its data regularly and frequently; the customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data.

Your use of Photodrop is at your own risk.

5. Privacy

Your privacy is important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Photodrop reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

We may use your information to:

We may disclose certain Personal Information:

6. Governing Law

Any claim relating to Photodrop's web site shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.

7. Site Terms of Use Modifications

Photodrop may revise these terms of use for its web site or applications at any time without notice. By using the Photodrop web site or applications you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Please report any violations of these Terms of Use to feedback@photodrop.com.

LAST UPDATED: November 6, 2014