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.
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.
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.
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:
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.
Your use of the Service may be for personal purposes only. You will not
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.
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.
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.
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
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.
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:
ZoomFoot will not be liable to you or any third-party for any termination of your access to the Service.
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.
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.
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.