You retain all your rights to any Content you submit, upload or display on or while using our service. This means that you own all the Content you post and are responsible for it. At the login prompt the portal will automatically add a image above your user name and once completed your content is then considered private, and not visible to other users or the public.
It is considered a misuse of the Service to provide your user credentials publically and doing so may result in termination of your account and removal of your content. If required, we can change your login details at no charge.
By allowing your camera to upload photos, you are confirming that the Content is yours—no one else’s and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others’ rights or are using Content that is not yours, We have the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
We may moderate Content. However, we are not responsible for what you have uploaded and we are under no obligation to modify or remove any inappropriate Content. If you stop using the Services, your Content may remain on the Site unless you actively remove your Content . However Photos will be purged when or if required after a 30 day retention period when no longer in use.
In order to continue to improve the Site we may use software and other things on the Site that we own or that have been licensed to us (“Portal Software”). We also created the look, feel and architecture of the Site and have posted certain images and video (“Content”). Together the Content and Portal Software are the “Portal Materials.” Portal Materials are ours and remain ours. Except in viewing the Site, you agree that you will not copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Portal Software.
Our Webmaster and IT technicians reserve the right to investigate issues or problems on our server during the course of normal operation. This may mean that your content is visible to us during the diagnosis of said problems. We will take every precaution to maintain the privacy of your content at this time. If you are involved in a technical issue with the site software, it may be necessary to study your account settings and content during the diagnosis of the issue.
Limits on Use and Liability
It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other Users’ enjoyment of the Site or Portal Services or use the Site to deceive, harass or solicit people.
It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
It is up to US whether to terminate your use for violation of these prohibitions or similar activities.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE, IF ANY, BY YOU TO US FOR THE PORTAL SERVICE DURING THE TERM OF MEMBERSHIP.
Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Us, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Portal Service in violation of that and/or arising from any Content that you post on or through the Site and Portal Service.
Some Obligations Continue Even After You’ve Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and Portal Service. Obligations you owed to us and Users of the Site, which by their nature are intended to survive closing or termination, will survive.