September 6, 2013
Agreement Update. PhotoInPress reserves the right to update and change, at any time, this Agreement and all documents incorporated herein by reference. You can find the most recent version of this Agreement at www.friendstrip.com. Your continued use of the PhotoInPress Service after any such changes constitutes your acceptance of the new Agreement.
Business address. The application is owned and operated by PhotoInPress, a Québec Corporation with a place of business at 1751, Richardson, suite 8137 Montréal, Québec, Canada, H3K 1G6.
Account. You agree to be fully responsible for activities or transactions that relate to your account. You must notify PhotoInPress immediately if you learn of an unauthorized use of your account.
Monitoring. PhotoInPress reserves the right to anonymously monitor a User's activity in order to insure compliance with this Agreement.
Limitation of Liability
Limited liability. Your exclusive remedy, against PhotoInPress if any, shall be limited to the amount you paid to obtain Scenarios. This remedy is open for a period no longer than six months. PhotoInPress is not responsible for any loss or the non-availability of the content stored, communicated or processed on PhotoInPress servers.
Third Parties. The management of Third Parties operation is beyond the control of PhotoInPress, and therefore PhotoInPress is not responsible for any loss or the non-availability of the content stored, communicated or processed by a Third Party.
Disclosure. PhotoInPress assumes no liability with respect to any disclosure or use of confidential or proprietary information uploaded to our Site.
Content. PhotoInPress expressly disclaims any and all liability in connection with any Content that is created through the Application.
Disclaimer of Warranties
No Warrantie. All PhotoInPress Services, including without limitation, the Application software, the Web Site, all Scenarios are provided as an “as is” and “as available” basis without warranty of any kind, either express or implied
Third Parties. The use of the services, the uploading of image content or the downloading or other acquisition of any materials or content through PhotoInPress Application or from any Third Parties is done at your own risk.
Indemnification. You agree to indemnify and hold PhotoInPress, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any Third Party due to or arising out of your actions.
Consent. The PhotoInPress Service enhances your ability to create FriendStrip Multimedia Scenarios (“FriendStrip”). By installing or using FriendStrip Application (“Application”), you signify that you have read, understood, and agree to be bound by this End User License Agreement (“Agreement”). If you disagree with any of the terms below or any future modification to the Agreement, PhotoInPress does not grant you a license to use the PhotoInPress Service, and you may not use (or continue to use) the Application.
Purchases. Every Registered User will have the opportunity to buy a variety of photographic scenarios created by PhotoInPress (“Scenarios) that can be customized. Each Scenario can be bought via the Application and will be charged to the user before download. Once you bought a Scenario you can create as many FriendStrip as you would like without having to pay for it.
Conduct Related to the Use of the Application
Permited Use. You agree to use the Application only for the intended purpose on which is was conceded.
Content You agree to follow all applicable rules in using the FriendStrip Application, and agree that you are responsible for the contents that you submit or communicate through the Application, including, word, image, sound and video or any (or any combination thereof.
Prohibited Acts. You will not upload, share, or otherwise distribute any Content that is considered illegal in your jurisdiction and in PhotoInPress’s jurisdiction. Without limiting the generality of the foregoing, you are strictly prohibited to upload, share, or otherwise distribute Content that:
are unlawful, threatening, harassing, defamatory, fraudulent, invasive of another's privacy, or impersonate another person;
contain explicit or graphic descriptions or accounts of pornographic acts, or in any way violate child pornography laws;
victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitute unauthorized solicitation;
contain software viruses or any other computer code, designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
Notice. If you would like to notify us of content which you believe does not comply with this Agreement, please fill out our feedback form. Make sure to include both a visual proof of the non-complying content, and the reasons you believe it does not comply. You understand that in using the Application, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against PhotoInPress arising from your exposure to such materials.
Integrity. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, update in full or in part or create derivative works of the Application or any Scenarios. Any attempt to do so is a violation of the rights of PhotoInPress If you breach this restriction, you may be subject to immediate termination of your account without prejudice to any law prosecution in damages.
Third Party Sites and Information
Storage in the Cloud. You acknowledge that PhotoInPress will store communications and process your FriendStrip and all other information in the cloud with Third Parties providers. You shall have the right to ask, though PhotoInPress Application to delete every information saved in your account. Every photographic scenario data will be kept for a maximum of one year, following the last modification of said scenario. PhotoInPress reserves the right to change these general practices and limits at any time and at its sole discretion.
PhotoInPress’s Intellectual Property
PhotoInPress Property. PhotoInPress is the owner and retains all proprietary rights to the Application, the services provided by the Application, all Scenarios and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Application and its content only as specifically authorized by this Agreement.
Your Intellectual Property
Your Property. PhotoInPress deeply respects your intellectual property rights that may be implicated in creating FriendStrip. Therefore, PhotoInPress recognizes that you own copyrights over your pictures in any Content produced through the Application.
You warrant that all Content uploaded by you, is either created or owned by you, or you have the necessary licenses, rights and permissions to use it.
You hereby grant to PhotoInPress a royalty-free, perpetual license to use, copy, create, modify, display and host your scenarios.
Intellectual Property Infringement, Inappropriate Content and Other Abuse
Please notify us immediately if you believe any of your intellectual property rights have been infringed by a User of FriendStrip, inappropriate content has been posted or any other type of abuse has been committed, in relation to the use of FriendStrip.
Photo In Press will promptly process and investigate notices of alleged infringement, inappropriate content or other abuse and will take any actions, in its sole discretion, it deems appropriate.
This notification must be sent by email to firstname.lastname@example.org and should include:
(a) your name, postal address, email and telephone number;
(b) identification of the material claimed to have been infringed and the material that is claimed to be infringing and information sufficient to permit us to locate both, or identification of the content claimed inappropriate or abusing;
(c) a statement to the effect that use of the material in the manner complained of is not authorized by the intellectual property owner, agent, or the law.
If you fail to comply with all the above requirements, your notification may not be valid.
You agree that upon receipt of this notice and investigation, we may contact the alleged infringing User(s) and, upon confirmation of infringement, inappropriate content or abuse, we may remove the identified materials from FriendStrip and our Services without liability.
International Use. Although the Application may be accessible worldwide, we make no representation that the Application is appropriate or available for use in your territory. Also, PhotoInPress makes no specific representation about legal compliance of the Application in any foreign jurisdictions.
Embargoes. PhotoInPress does not distribute the Application in any U.S. embargoed countries. Therefore, you are solely responsible to look if you are residing in a country with is embargoed, and if it is the case, PhotoInPress does not allow you to download the Application.
Termination of Use
Termination. We may terminate or suspend your use of the Application at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Loss of information. Upon termination or suspension, regardless of the reasons therefore, your right to use the services will immediately cease. You acknowledge and agree that PhotoInPress may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files
Governing Law and Arbitrage
Governing Law. The laws of Québec and Canada will apply to all matters relating to this Agreement, the use of the Application and/or services provided to you.
Arbitrage. All disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, in Montreal, Canada, in the French language, by one arbitrator appointed in accordance with the said Rules.
Notice. All notices to a User or to PhotoInPress shall be in writing and shall be made either via email or via our facebook account. Notices to us must be sent to the attention of Customer Service at support@ friendstrip.com.
Assignment. You agree that this Agreement may be assigned by PhotoInPress, in its sole discretion, to any Third Party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Entire Agreement. This Agreement form an integral part thereof, constitutes the sole and entire Agreement between PhotoInPress and you as regards the matters covered therein.
Residual. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
It is now your turn to create amazing FriendStrips.