ZoomFoot Terms

ZoomFoot provides Users an easy way to share photos over the Internet. Before you use any of the ZoomFoot software or services (collectively, "Service(s)"), you must carefully review the Terms and Conditions set out below (the "Terms"). These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.

By using the ZoomFoot Service, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and ZoomFoot that you will use the Service only in a manner consistent with these Terms. Your use of the ZoomFoot Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

I. Terms of Usership

ZoomFoot Usership ("Usership" or "User") is available to you if you are at least 13 years of age and submit certain requested information to ZoomFoot, including your correct email address. When you become a User, you must provide ZoomFoot with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).

The Service is for personal use only.

II. Digital Image Storage

ZoomFoot offers limited storage of online photos to Users for free, and additional storage of online photos with ZoomFoot Premium.

You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.

III. Member Conduct

ZoomFoot is committed to ensuring that the Service remains child friendly and a safe place to view photographs. Users of the Service may not use the Service to distribute Prohibited Content. Generally, Prohibited Content includes Content or other material that ZoomFoot believes:

1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Comprises copyrighted material used without the express permission of the owner;
3. Violates or otherwise encroaches on the rights of others;
4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");
5. Advocates illegal activity;
6. Harms anyone, including minors; or,
7. Provides a link to any of the above.

ZoomFoot has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although ZoomFoot does not and will not examine or otherwise review all Content submitted or transmitted to the Service, ZoomFoot may delete, move, and edit Content for any reason, at any time, without notice.

All Content that is used, processed or distributed by the Service is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure. ZoomFoot in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.

IV. No Resale of Service

Your use of the Service may be for personal purposes only. You will not

1. reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or
2. use or access the Service for any commercial purpose.

V. Representations

ZoomFoot makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such service or software.

VI. Privacy Policy

We respect your privacy. Please see our privacy policy.

VII. Copyright

As a condition to Usership, you represent and warrant to ZoomFoot that you either own your Content or have written permission from the copyright owner to make such Content available to the Service. The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

VIII. Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS ZOOMFOOT, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "ZOOMFOOT AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

IX. Limited Warranty

1. No Liability for Content. IN NO EVENT WILL ZOOMFOOT OR ZOOMFOOT AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO
   1. CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR
   2. LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
2. Exclusive Remedy. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ZOOMFOOT WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, ZOOMFOOT'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR ZOOMFOOT TO EITHER
   1. REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR
   2. REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.
3. Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ZOOMFOOT AND ZOOMFOOT AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZOOMFOOT MAKES NO WARRANTY THAT
   1. THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
   2. THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
   3. THE SERVICE WILL MEET YOUR REQUIREMENTS.
   ZOOMFOOT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

X. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, ZOOMFOOT WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM

1. USE OR INABILITY TO USE THE SERVICE,
2. COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES,
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES,
4. THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR
5. ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

XI. Termination

ZoomFoot may, in its sole discretion, terminate your Usership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including:

1. conduct that violates these Terms or other policies or guidelines set forth by ZoomFoot elsewhere within the Service,
2. conduct ZoomFoot believes is harmful to other ZoomFoot users, the business of ZoomFoot, or ZoomFoot Affiliates, or
3. failure to maintain Active Participation in the Service.

ZoomFoot will not be liable to you or any third-party for any termination of your access to the Service.

XII. Choice of Law

The state and federal courts of Colorado are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Colorado.

XIII. Modification of Terms

ZoomFoot may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by ZoomFoot will be prospective only.

XIV. Entire Agreement

These Terms constitute the entire agreement between you and ZoomFoot governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use ZoomFoot Affiliate services, third-party Content, or third-party software.

The failure of ZoomFoot to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.