Before you begin setting up your account with Phowd (herein referred to as "we", "us", or "Phowd"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the Phowd service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please click on the "Sign Up" button. This will constitute a binding agreement between you and Phowd. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of our Service to you.
Phowd reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Phowd makes any such changes, you agree to be bound by any such revised Terms.
Phowd provides an online platform that helps connect customers who wish to enhance photo images ("Customers") and retouchers who wish to provide a service of photo image enhancements ("Retouchers"). You will submit certain material to Phowd, including without limitation, photographic images, as part of your use of the Service ("Submissions"). Enhancements are made to your Submissions pursuant to your instructions by independent retouchers. “User” means any user of the Site or Service, and may be a Retoucher or a Customer.
You understand and agree that Phowd assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personalization settings. You are responsible for obtaining access to Phowd's Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access to the Service.
Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:
While Phowd is not responsible for, and does not review or comment on the content of Submissions provided by Phowd users, Phowd reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that Phowd deems necessary relating to use or misuse of the Service. Phowd may request confirmation of the copyright or trademark ownership from the submitter. If Phowd does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Phowd reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Phowd reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.
You hereby grant to Phowd a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. Phowd will not be liable for the content of any Submission and, as further set forth herein, expressly and fully disclaims all liability relating thereto.
Phowd forbids its users from utilizing your Submissions for any purpose other than providing you with the enhanced or modified photographs you request. Although Phowd routinely evaluates its retouchers and may terminate their services for violating Phowd's policies, you understand and agree that Phowd assumes no responsibility for the misdirection or misuse of your Submissions by retouchers.
If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may terminate the services of any retoucher responsible for such misdirection or misuse.
Registration, membership and certain other information about you is subject to our Privacy Policy.
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Phowd of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Phowd cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Phowd reserves the right to close accounts set up for fraudulent purposes.
If you violate any of these Terms, your permission to use the Service will terminate automatically. Phowd reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.
Customers are required to follow these rules,
Retouchers are required to follow these rules,
Phowd does not guarantee the availability of a particular web address. Phowd also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by Phowd to a user as it deems necessary in its sole discretion and, at Phowd's option, to provide users with an alternative web page and address.
You acknowledge that Phowd may establish general practices and limits concerning use of the Phowd service, including without limitation the maximum number of days that Phowd may retain photographic material or other Submissions sent to Phowd. You agree that Phowd has no responsibility or liability for the deletion or failure to store any Submissions. You acknowledge that Phowd reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Phowd reserves the right to modify these general practices and limits from time to time.
Phowd is committed to protecting photographers' copyrights and expects users of the Service to do the same. Each image submitter is required by Canadian law to own the right to, or to obtain permission to, use any image before the image is uploaded or printed at Phowd. At Phowd's discretion and in appropriate circumstances, Phowd may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us.
All of the information, content, and materials we offer are protected by copyright and other applicable laws of both Canada and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the Phowd site and Service is and will remain the exclusive property of Phowd and its licensors. The site and Service are protected by copyright, trademark and other laws of both Canada and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site. Except as expressly authorized by Phowd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content contained on or in this Site, in whole or in part. By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
Customer is eligible for and can request a full refund of it's posting budget (excluding any premium features paid to Phowd and excluding the applicable transaction fee(s)) if:
Customer is eligible for and can request a full refund of it's posting premium features paid to Phowd and excluding the applicable transaction fee(s)) if:
Exceptions - Notwithstanding the above, Customer is not eligible for and will not receive any refund where:
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH Phowd'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
Phowd AND ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT Phowd'S SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Phowd EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Phowd MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Phowd MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH Phowd'S SITE OR ADVERTISED THROUGH Phowd'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Phowd OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Phowd BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF Phowd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, Phowd'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Phowd IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Phowd WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF Phowd TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO Phowd FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold us, our officers, members, managers, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the province of Ontario, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Toronto, Ontario, Canada.
Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
We may assign our rights and responsibilities hereunder without notice to you.
Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between you and Phowd and its affiliates with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Phowd with respect to this Site. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.