Terms & Conditions
This agreement applies as between you, the User of the Application and Romain HENRY, the owner of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these Terms and Conditions, you should stop using the Application immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application.
- "Photo-Sort" / "we" / "us" means Romain HENRY, the owner of this Application.
- "Service" means collectively any online facilities, tools, services or information that we make available through the Application either now or in the future.
- "User" / "Users" means any third party that accesses the Application and is not employed by Romain HENRY and acting in the course of his employment.
- "Application" means the iPhone/iPad application "Photo-Sort" developed by Romain HENRY and its associated web site.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Romain HENRY. By continuing to use the Application you acknowledge that such material is protected by applicable intellectual property and other laws.
2.2 Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Application for personal purposes only unless otherwise indicated on the Application or unless given express written permission to do so by Romain HENRY. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
2.2.1 you will not use the Content of the Application for commercial purposes
2.2.2 you will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Romain HENRY.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Application. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Application may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Use of Content Submission
5.1 When submitting Content using the Application you should do so in accordance with the following rules:
5.1.1 you must not use obscene or vulgar language
5.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist
5.1.3 you must not submit Content that is intended to promote or incite violence
5.1.4 you must not include links to other web sites containing any of the above types of Content
5.1.6 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental
5.1.7 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks
5.2 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and/or permissions to use the Content in this fashion
5.3 These terms should be read in conjunction with the Facebook Terms and Conditions.
6. Termination and Suspension
In the event that any of the provisions of Sub-Clause 5.1, above, are not followed, we reserve the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
8.1 We make no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
8.2 No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.
8.3 Commercial use of the Content of this Application is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and we make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
8.4 Whilst every effort has been made to ensure that all descriptions of services available from Photo-Sort correspond to the actual services available, we are not responsible for any variations from these descriptions.
9. Availability of the Application
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
10.2 Nothing in these terms and conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of us.
10.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us by email to [email protected]. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
14. Law and Jurisdiction
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Law and Romain HENRY and you agree to submit to the exclusive jurisdiction of the Courts.
Photo-Sort is committed to protecting and respecting your privacy. This policy shows how we use personal data we collect from you or you provide us. Please read the following points carefully to understand our practices in relation to your personal data and how we will use it.
What information do we collect?
When contacting us, as appropriate, we may keep a copy of that correspondence, and by the way collect the following information about you: your email address and/or your name.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- to provide you assistance
- to send you information, respond to inquiries, and/or other requests or questions
- to keep you informed about app updates or new apps available
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law, or protect ours or others rights, property, or safety.
This policy was last modified on 04/14/2012.