Last updated: December 2nd, 2022

 

1. Introduction.

These Mobile Application Standard Terms Of Use (these “Terms” or these “Terms Of Use”) contained herein on this webpage, shall govern your use of Photomates, including all pages within this Photomates mobile application (collectively referred to herein below as this “Photomates”). These Terms apply in full force and effect to your use of Photomates and by using Photomates, you expressly accept all terms and conditions contained herein in full. You must not use this Photomates, if you have any objection to any of these Terms Of Use. Photomates is not for use by any minors (defined as those who are not at least 17 years of age), and you must not use this Photomates if you are a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on Photomates, under these Terms, Photomates and/or its licensors own all rights to the intellectual property and material contained in Photomates, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on Photomates,

3. Restrictions.

You are expressly and emphatically restricted from all of the following:

1. publishing any Mobile Application material in any media;

2. selling, sublicensing and/or otherwise commercializing any Mobile Application material;

3. publicly performing and/or showing any Mobile Application material;

4. using Photomates in any way that is, or may be, damaging to Photomates;

5. using Photomates in any way that impacts user access to Photomates;

6. using Photomates contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Mobile Application, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Photomates, or while using Photomates;

8. using Photomates to engage in any advertising or marketing;

9. using Photomates in a way it is not intended to be used;

10. sharing information in attempt to circumvent a paid subscription;

11. spamming users, publishing obscene content or abusive behaviour;

Certain areas of Photomates are restricted from access by you and Photomates may further restrict access by you to any areas of Photomates, at any time, in its sole and absolute discretion. Any user ID and password you may have for Photomates are confidential and you must maintain confidentiality of such information.

Photomates reserves the right to terminate a user's account for a violation of these Terms Of Use.

4. Your Content.

In these Terms Of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on Photomates. With respect to Your Content, by displaying it, you grant Photomates a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. Photomates reserves the right to remove any of Your Content from Photomates at any time, and for any reason, without notice.

5. No warranties.

Photomates is provided “as is,” with all faults, and Photomates makes no express or implied representations or warranties, of any kind related to Photomates or the materials contained on Photomates. Additionally, nothing contained on Photomates shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall Photomates, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of Photomates, whether such liability is under contract, tort or otherwise, and Photomates, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Photomates.

7. Indemnification.

You hereby indemnify to the fullest extent Photomates from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

Photomates is permitted to revise these Terms at any time as it sees fit, and by using Photomates you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Photomates.

10. Assignment.

Photomates shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on Photomates, constitute the entire agreement between Photomates and you in relation to your use of Photomates, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Ontario for the resolution of any disputes.