Blue Lava Technologies, Inc. (Blue Lava) welcomes you to iLovePhotos.com. We hope that you enjoy the services that we provide for processing rich media. On iLovePhotos.com you can upload, catalog, tag, organize, display, distribute and comment on digital media (the "Service"). By accessing or using iLovePhotos.com you agree to be bound by and accept these Terms of Service which may be updated from time to time without notice to you. The most current version of the Terms of Service will be posted here, so please read these terms carefully and check back often.
Use of the Service
Blue Lava grants you permission to access and use the Service for your personal, non-commercial use as set forth in these Terms of Service.
You must be thirteen years of age or older to register for the Service and/or upload/post media, user comments, profile information or any other content (Content) and/or provide personal information. Blue Lava does not knowingly collect personal information from children under the age of thirteen. Any personal information that you submit must be true, complete, current and accurate and kept up to date.
You must safeguard your registration information, including your password. You are fully responsible for all activities that occur under your password or registration. You agree to immediately notify Blue Lava of any unauthorized use of your password or registration information or any other breach of security. Blue Lava reserves the right to require you to change your password if we believe that your password is no longer secure. To help keep your password secure, Blue Lava asks that you completely exit from your account and close your browser at the end of each session. Blue Lava is not and shall not be responsible for any activities, loss or damage resulting from your failure to comply with this section or the Terms of Service.
You acknowledge and agree that use of the Service results in interstate data transmissions.
You agree that you shall not resell the Service or any portion of the Service.
Content
You agree to abide by the User Content Policy which is incorporated into and considered part of these Terms of Service.
You are solely responsible for any and all Content that you upload or otherwise make available using the Service. You warrant that you have the legal right to copy, display, distribute, and make derivative works from the Content that you upload or otherwise make available using the Service, that you have secured all appropriate permissions or releases from individuals appearing in the Content prior to uploading or otherwise making the Content available using the Service, and that you have the legal right to grant Blue Lava the right and license set forth in the paragraph below.
Blue Lava does not claim ownership in the Content you upload, submit or make available using the Service. In order for Blue Lava to make the Service available to you, you hereby grant Blue Lava a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license which may be sublicensed or transferred, to use, display, distribute, reproduce, copy, make derivative works from, modify, adapt, transmit, translate, perform, publish and sell your Content in mediums or formats now known or later developed.
Blue Lava may work with third parties to provide users with the option to purchase DVDs, CDs, photo albums or photo books containing such users' content or other users' submitted Content. Blue Lava does not monitor such purchases or control the ultimate distribution or sharing of such Content by others.
Sharing Permissions
You may set your own sharing permissions for content and information (excluding your full name and password) that you submit on the website.
Your password will not be viewable by others online. Your full name will be viewable in the following ways by anyone who visits the website: (1) When a user searches for a name and types in letters that match your name or a portion thereof, your full name will be viewable as a possible name that the user may be looking for; and (2) When a user places a mouse over a picture of you in an image available online, your full name will be viewable. If the image that contains your picture is one that you submitted and chose a private setting for, then you will be the only user that can see your name when placing a mouse over your picture. If the image that contains your picture is one that another user submitted and chose a closed network or public setting for, then other users will be able to view your full name when they place a mouse over your picture.
There are several sharing permissions available. The sharing permissions are public by default. The references to content and information in the options set forth below exclude your full name and password which will be viewable as set forth above.
Private: All content and information that you submit, including your email address, will be viewable by you only.
Closed Network: You choose which users may view the content and information that you submit, including your email address.
Public: All content and information that you submit, including your email address, will be viewable by anyone that visits the website. This also means that photos you tag of a person are set to be automatically shared with that person.
Submissions
If you submit any ideas, feedback, questions, comments or information relating to the website or the Service to Blue Lava, you do so on a non-confidential basis. Blue Lava shall own exclusive rights to such submissions, including all intellectual property rights, and may use or not use such submissions in its sole discretion for any purpose without compensating you or attributing the submissions to you in any way.
Monitoring of Content
Blue Lava has no duty or obligation to monitor Content available through the Service, but Blue Lava reserves the right to monitor or review Content available through the Service without notice and to take down your Content, refuse to display your Content, deny your access to the Service, or terminate your registration if Blue Lava determines, in its sole discretion, that your Content violates these Terms of Service or if Blue Lava is requested to do so by law enforcement or other government agencies or to comply with legal process. In the event of a take down, refusal, or denial of Content or termination of registration, your Content will not be returned to you. BLUE LAVA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR ANY TAKE DOWN, REFUSAL, OR DENIAL OF CONTENT OR TERMINATION OF REGISTRATION.
Privacy
Your privacy is important to us. Please review the terms of Blue Lava's Privacy Policy which are incorporated into, and considered part of, these Terms of Service. Blue Lava may access your registration information and Content and disclose such information and Content to enforce these Terms of Service, to investigate and respond to claims that your Content violates the rights of third parties, to protect the safety, personal or property rights of others, and when required to do so by law or to comply with legal service or process.
Trademarks and Other Intellectual Property
All product or service names, logos, trade dress and trade names used in this Service which identify Blue Lava or third parties are the trademarks, service marks, trade dress and trade names of Blue Lava or the relevant third parties. Blue Lava expressly prohibits the unauthorized use of its trademarks, service marks, and trade names in domain names. Nothing in this Service shall be deemed to convey a license or right to use Blue Lava's trademarks, service marks, trade dress and trade names. The layout and design elements of the website and underlying software and technology of the website are considered proprietary to Blue Lava and may not be reproduced, copied, distributed or displayed without Blue Lava's express written consent. All content on the website is the proprietary property of Blue Lava, its users or its licensors with all rights reserved. You agree not to infringe the intellectual property or proprietary rights of Blue Lava, its users or its licensors in any way or to permit any third party to do so.
Copyright Complaints
Blue Lava respects the intellectual property rights of others and has implemented a Digital Millenium Copyright Act ("DMCA") Policy which is incorporated into and considered part of these Terms of Service. Blue Lava's DMCA Policy can be found at [insert link to DMCA Policy]. All notifications of alleged copyright infringement that are submitted to Blue Lava in accordance with the DMCA or equivalent priciples of law in other jurisdictions will be handled in compliance with the requirements of DMCA or other applicable law."
Indemnification
You agree to indemnify and hold Blue Lava and its officers, directors, employees, affiliates, partners, agents and licensees harmless from and against any claim or demand from a third party due to or arising out of or relating to your use of the Service, your Content, the uploading of your Content or the making of your Content available using the Service, your violation of these Terms of Service or your violation of the intellectual property rights or other rights of another individual or entity. This indemnification shall include but not be limited to reasonable attorneys' fees and settlement amounts.
Disclaimer of Warranties, Limitation of Liability and Termination
YOU UNDERSTAND AND AGREE THAT THE SERVICE, THIS WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU AS IS WITH NO WARRANTIES WHATSOEVER AND THAT BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS AND LICENSEES ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DELETION OR LOSS OF OR FAILURE TO BACK-UP OR OTHERWISE STORE CONTENT OR FOR TEMPORARY OR PERMANENT MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE. BLUE LAVA RESERVES THE RIGHT TO SET LIMITS REGARDING USAGE OF THE SERVICE AND STORAGE OF CONTENT AND TO TEMPORARILY OR PERMANENTLY DISCONTINUE OR TERMINATE THE SERVICE, IN WHOLE OR IN PART, AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE. YOUR CONTENT WILL NOT BE RETURNED TO YOU UPON DISCONTINUATION OR TERMINATION OF THE SERVICE. ANY ACCESSING OF THE SERVICE OR UPLOADING OF CONTENT OR DOWNLOADING OF CONTENT OR SOFTWARE THAT IS AVAILABLE THROUGH THE SERVICE SHALL BE DONE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS AND LICENSEES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR ANY VIRUSES OR OTHER DAMAGE TO YOUR COMPUTER RESULTING FROM ACCESSING THE SERVICE OR UPLOADING CONTENT OR DOWNLOADING CONTENT OR SOFTWARE THAT IS AVAILABLE THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT AND FOR ANY DAMAGE TO YOUR COMPUTER.
BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS AND LICENSEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES IN CONNECTION WITH THE SERVICE AND THIS WEBSITE AND RELATED PRODUCTS AND SERVICES, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS AND LICENSEES EXPRESSLY DISCLAIM ANY WARRANTIES THAT THE SERVICE WILL BE RELIABLE, SECURE, TIMELY, OR ACCURATE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS AND LICENSEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, GOODWILL, USE OR PROFITS, RESULTING FROM (i)YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE; (ii) ANY RELATED PRODUCTS OR SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF BLUE LAVA AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS AND LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
These Terms of Service constitute the entire agreement between Blue Lava and you regarding your use of the Service. Additional terms and conditions may apply when you purchase Blue Lava products or services or the products or services of third parties. Failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision. If one or more of the rights or provisions set forth in these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the other rights or provisions shall remain in full force and effect.
Assignment
These Terms of Service and any rights and licenses granted hereunder may not be assigned or transferred by you but may be assigned or transferred by Blue Lava, without restriction.
Third Party Licenses
The Service may employ third party software libraries such as the one set forth below. We will post license agreements relating to the third party software libraries in these Terms of Service as required by the various licensors.
Intel License Agreement For Open Source Computer Vision Library
Copyright © 2000, Intel Corporation, all rights reserved. Third party copyrights are property of their respective owners.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistribution's of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistribution's in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
The name of Intel Corporation may not be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Intel or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. All information provided related to future Intel products and plans is preliminary and subject to change at any time, without notice.
