These Terms constitute a binding agreement between You and Photojojo, Inc. ("Photojojo"), and are deemed accepted by You and Photojojo. Your access to or use of the Website indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Website. Photojojo reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms, because they are binding on You.
You agree and warrant that You will not use the Website in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Website in a manner that Photojojo deems objectionable. Photojojo reserves the right to restrict, suspend, or terminate Your access to the Website without notice for any reason.
You agree that You will access the Website only through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Website, take any actions that damage the Website or its security, or interfere with other users' use of the Website.
The Website is protected under patent, copyright, trademark, and/or other laws. The Website and all Website contents are the property of Photojojo or its licensors. The compilation, collection, arrangement, or assembly of all content on the Website is the exclusive property of Photojojo and protected as well.
Unauthorized use of the Website may violate applicable laws and is strictly prohibited. You may not copy the Website or any part thereof without Photojojo’s prior written authorization. Any code or software code that Photojojo creates to generate or display the Website are also protected by Photojojo's copyrights, and You may not copy or adapt such code.
TO THE FULLEST EXTENT POSSIBLE BY LAW, PHOTOJOJO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY PHOTOJOJO PRODUCT WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND PHOTOJOJO’S SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, PHOTOJOJO IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND THE PHOTOJOJO PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. PHOTOJOJO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOTOJOJO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITE. PHOTOJOJO MAKES NO WARRANTY WITH REGARD TO ANY OF THE PHOTOJOJO PRODUCTS.
IN NO EVENT SHALL PHOTOJOJO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOTOJOJO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PHOTOJOJO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR PHOTOJOJO PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO PHOTOJOJO FOR THE PHOTOJOJO PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHOTOJOJO AND YOU.
You agree to defend, indemnify, and hold harmless Photojojo, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any improper use of the Website, or (ii) Your breach of these Terms. Photojojo shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms will remain in full force and effect while You are a User of the Website. Photojojo reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Website and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by Photojojo, upon any breach by You of these Terms. Even after You are no longer a User of the Website, the provisions of these Terms will remain in effect.
If there are any questions regarding Photojojo or this Policy, please contact Photojojo at:
766 Valencia St.
San Francisco, CA 94110
1 (855) 843-5656