Last updated 2 september 2016
These Terms of Use (Terms) govern your use of our website located at https://push.photo (including subdomains), the Push.photo Service, and any applications provided by us.These Terms should be read in conjunction with our Privacy Policy.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. You can contact us email support@push.photo
By registering to use or using the Service you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Service.
These Terms apply to all users of the Service, whether you are using the Service on your own behalf or on behalf of another individual or organisation. If you are using the Service on behalf of an organisation with their authorisation, these Terms bind you in your personal capacity and the relevant organisation.
We may update or change the Terms at any time at our discretion. Actual Terms are always available at https://push.photo/terms/
If we change the Terms, we will notify you by e-mail.
If you do not agree to the updated Terms, you must not continue to use the Service.
If these Terms are contrary to your law, please refrain from using the Service.
We grant you a non-exclusive, worldwide, non-transferable, revocable right to use the Service in accordance with these Terms.
You may access and use the Service (including any incidental copying that occurs as part of that use) in accordance with these Terms. You may also print one copy of any page within the Service for your own personal, non-commercial use.
By logging into the Service and inputting your Instagram account details into the Service, you grant us the right and appoint us as your agent to use any information or content provided by you to conduct actions on your behalf, at your direction (such as posting that content to Instagram) in providing you the Service.
You acknowledge and agree that the Service is not affiliated with or authorised by Instagram, and any access to Instagram (including via the Service) is governed by Instagram’s Terms of Use.
The Service contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
We do not have any obligation to monitor, edit or remove content provided by our users to the Service.
You acknowledge and agree that:
You must not add any content to the Service:
You must not:
You acknowledge and agree that:
Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Service.
We acknowledge that as between you and us, you own all intellectual property rights in the content that you provide to the Service or otherwise provide to us for the purpose of providing the Service.
By posting or adding any content to the Service, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) to provide you with the Service.
We may sub-licence the licence to third party service providers who assist us in providing the Service.
You consent to any act or omission which would otherwise, but for this clause, constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
The licence will survive any termination of these Terms.
You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this clause 5.
You represent and warrant to us that:
You are liable for any loss or damage directly or indirectly caused by any breach of your obligations under these Terms. You indemnify us for any loss or damage we suffer as a result of your breach of these Terms (including the warranties you give us under these Terms), or any wilful misconduct, unlawful acts or negligence in your use or misuse of the Service.
To the full extent permitted by law, we exclude all liability for all claims, expenses, loss, damage and costs made against or incurred by you directly or indirectly arising out of or in connection with your use of the Service or your inability to use the Service, including in respect of economic loss, loss of data, interruption of business or any consequential or incidental damages.
Our total liability to you for breach of contract under these Terms, for tort (including negligence), or for any other cause is limited to an amount equal to the total aggregate fee that you paid for the Service for the one month period immediately preceding the day upon which our liability arose.
To the full extent permitted by law, we exclude all terms, representations, warranties, conditions, guarantees or obligations (whether express or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied terms, representations, warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any breach of a term, condition or warranty implied under any law which cannot be excluded to, at our option:
These Terms terminate automatically if, for any reason, we cease to operate the Service.
We may otherwise terminate or suspend your access to the Service immediately, on notice to you, if you have breached these Terms in any way.
You may cancel the Service at any time by notifying us support@push.photo
All rights granted to you in these Terms cease upon termination.
You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
These terms are governed by the laws of Alaska, USA and each party submits to the jurisdiction of the courts of Alaska, USA.