fOTOGLIF.com permits you to use the Services solely for your own personal or internal business use, to host and process your own images. You may permit third parties to access and link to the URLs provided to you by fOTOGLIF.com for viewing your images hosted by the Services, and you may access and link to such URLs provided to you by another fOTOGLIF.com user. You may view images published on the Site by other users where such users have made their galleries accessible to the public. You acknowledge that you are responsible for all fees associated with third party marketplaces or other third party websites where you may deploy links to the images you have uploaded to the Site.

Your use of the Services shall be in compliance with all applicable laws and regulations. You shall not upload or transmit through fOTOGLIF.com’s Site any images or other materials that (a) infringe anyone’s copyright, trade-mark, trade secret, patent or other intellectual or industrial property rights; (b) are obscene or contain pornography, hate material or other objectionable content; (c) are defamatory, trade libelous, harassing, insulting, threatening or abusive; (d) are invasive of another’s privacy or contain personal information not belonging to you; (e) you do not have the right to disseminate or transmit; (f) contain viruses, Trojan horses, worms or other computer programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) impose an unreasonable or disproportionately large load on the Services or fOTOGLIF.com’s infrastructure; (h) contain content related to illegal activities; or (i) could give rise to civil or criminal liability. You represent and warrant that you are over 13 years of age and are of legal age to form a binding contract.

fOTOGLIF.com requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to fOTOGLIF.com a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have (i) made your album public, (ii) posted a link to your album or User Content on another website or (iii) otherwise shared a link or the password to your album or User Content.

All software and other materials hosted on, downloadable from or otherwise published on the Site (collectively, the “Materials”), including but not limited to all software, applets, scripts, code, HTML, data files, file formats, design, text, images, photographs, advertisements, databases and names, logos, brands, trade-marks and service marks, are the property of fOTOGLIF.com, its licensors or other third parties and are protected by copyright, trade-mark, patent and other intellectual property laws. Except as expressly permitted in this Agreement, you agree not to use, produce, reproduce, publish, distribute, copy, run, retransmit, communicate to the public by telecommunication, modify, create derivative works from, display, loan, rent, lease, assign, share, sublicense or sell the Materials. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. fOTOGLIF.com reserves all rights not expressly granted in and to the Site and the Materials.

You acknowledge that fOTOGLIF.com does not control the content uploaded by you or others to the Site and does not have any obligation to monitor such content. However, fOTOGLIF.com may choose to monitor such content at any time in its sole discretion. You agree that in the event of your breach of the restrictions set out in this Agreement, fOTOGLIF.com may delete any content uploaded by you and/or terminate your account and your use of the Services.

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise infringed, please provide fOTOGLIF.com with the following information in writing:

1. The signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right that you claim is infringed.
2. A description of the work that you claim is infringed.
3. A description of the material on the Site that you claim to be infringing and its location on the Site.
4. Your address, telephone number, and e-mail address where you may be contacted.
5. A statement that you have good faith belief that use of the material in the manner complained of is not authorized by the owner of the copyright or other intellectual property rights or the law.
6. A statement that the above information provided by you is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can send claims of copyright or other intellectual property infringement to:

355 Adelaide St. West

Suite 100

Toronto, Ontario, Canada

M5V 1S2

Telephone: (416) 203-3111

E-mail: copyright@fotoglif.com

fOTOGLIF.com encourages you to keep back-up copies of all materials uploaded by you to the Site. You acknowledge that fOTOGLIF.com will not be liable to you for any loss of such materials uploaded by you, or any interruption or error in the Services that renders such materials unavailable to you or others.

You shall permit no other persons to access the Services through your account and the User ID(s) and password(s) associated with it. You acknowledge that you are solely responsible for all use of the Services that occurs under your account. You shall keep your password(s) confidential and notify fOTOGLIF.com immediately of any unauthorized use. You shall not attempt to disable or bypass fOTOGLIF.com’s login or other security or access-restricting measures or any features that restrict use of or prevent copying of any Materials.

fOTOGLIF.com may display advertisements in connection with and/or adjacent to the images displayed on the Site, including images that you upload to the Site. fOTOGLIF.com may from time to time offer you opportunities to earn advertising revenue in connection with the images uploaded by you to the Site. Any participation by you in such opportunities shall be subject to the terms and conditions of fOTOGLIF.com’s payment policy, which is available at http://fotoglif.com/payment.html. and is incorporated by reference into this Agreement.

You acknowledge that you consent to the collection, use and disclosure of any personal information that you provide to fOTOGLIF.com in accordance with fOTOGLIF.com’s privacy policy, which is available at [INSERT HYPERLINK], and is incorporated by reference into this Agreement.

THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. FOTOGLIF.COM MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE SERVICES, THE SITE AND ANY SOFTWARE OR OTHER MATERIALS CONTAINED OR HOSTED ON THE SITE, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS. IN ADDITION, FOTOGLIF.COM DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

IN NO EVENT SHALL FOTOGLIF.COM, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE SITE, ANY IMAGES, SOFTWARE, ADVERTISING OR OTHER MATERIALS CONTAINED OR HOSTED ON THE SITE, ANY LINKS PROVIDED ON THE SITE, AND YOUR USER ID OR PASSWORD, WHETHER OR NOT FOTOGLIF.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL APPLY NOTWITHSTANDING A FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES AND THE SITE.

You agree to indemnify and hold harmless fOTOGLIF.com, its affiliates and their respective directors, officers, employees, agents and other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your use of the Site; (b) your use of the Services including transmission or uploading of images and other information by you to the Site; (c) all activity related to your account; and (c) your breach of this Agreement. This provision shall survive the termination of this Agreement.

fOTOGLIF.com may terminate this Agreement and your right to use the Services, and may delete any materials uploaded to the Site by you, at any time and at its sole discretion, including for breach of this Agreement, without notice to you and without fOTOGLIF.com being liable to you. fOTOGLIF.com may change or discontinue, in whole or in part, any aspect or feature of the Services, at any time, without notice to you and without fOTOGLIF.com being liable to you. Any new or changed Services offered by fOTOGLIF.com shall be subject to the terms and conditions of this Agreement.

This Agreement shall not be interpreted as establishing any relationship of partnership, employment, joint venture, agency or franchise between you and fOTOGLIF.com.

This Agreement shall be interpreted in accordance with the laws of the Province of Ontario, without reference to its conflict of law provisions, and the laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.

You agree that no proceeding in respect of any claim or cause of action arising out of or related to this Agreement or your use of the Services may be commenced by you after the first anniversary of the date on which such claim or cause of action arose, and any limitation period that may otherwise apply is hereby shortened to the full extent permitted by law.

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, and the remainder of this Agreement shall continue in full force and effect.

fOTOGLIF.com may assign its rights and obligations under this Agreement. You may not assign your rights or obligations under this Agreement. This Agreement shall enure to the benefit of and be binding on the parties and their respective successors and permitted assigns.

No failure or delay by fOTOGLIF.com to exercise any of its rights under this Agreement shall constitute a waiver of such rights, and fOTOGLIF.com’s single or partial exercise of a right shall not prevent its subsequent exercise of that right or of any other right.

This Agreement, including all materials incorporated by reference into this Agreement, constitutes the entire agreement between you and fOTOGLIF.com with respect to your use of the Site and the Services and supersedes all prior agreements, understandings and representations relating to the Site and the Services. The section headings of this Agreement are provided for convenience of reference only and shall not affect the interpretation of this Agreement.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volontè expresse des parties que la prèsente convention ainsi que tous les documents qui s’y rattachent soient rèdigès en anglais.