Version:May 3, 2018
By using the SAASphoto.com web site (“Service”), a service of Ortery Technologies, Inc. (“Ortery”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read them carefully.
Ortery reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://saasphoto.com/document/terms-and-conditions
Violation of any of the terms below will result in the termination of your Account. While Ortery prohibits such conduct and Content on the Service, you understand and agree that Ortery cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, company name and any other required information requested in order to complete the signup process.
- Your Account login may only be used by one company – a single Account login shared by multiple companies is not permitted.
- You are responsible for maintaining the security of your account and password. Ortery cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not resell any part of the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- Free accounts are not required to provide a credit card number, but all other terms and conditions apply.
- The SAASPhoto Service is billed in advance on a monthly schedule, depending on which payment interval is chosen by you. The Service has different plans, which have different storage capacity and bandwidth limits and fees.
- Unless the account has been closed / terminated, the service will automatically renew at the end of the term. If the Service changed, the renewal plan will be the one we choose as being the closest to the original Service.
- All payments are nonrefundable and there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- If an Upgrade occurs the upgrade will take effect immediately and the length of Service will be extended.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the SAASphoto Site and payments made by you herein.
Cancellation and Termination
- You are solely responsible for properly discontinuing use of the Service. An email or phone request to remove your payment details from your account is not considered discontinuing use of the Service. To discontinue use of a paid Service, click Hosting Plan, then under Plan Management click the Stop Plan button.
- If your bandwidth or storage usage exceeds the purchased limits of the Service plan purchased, for any reason during the Service term, Ortery reserves the right to temporarily throttle your file hosting, stop distributing your content or disable your Account until the end of the Service term or until you upgrade the Service. We do provide convenient options to satisfy the needs of our customers with Service plans that cover all bandwidth and storage needs.
- All of your Content will be deleted from the Service after 30 days from Account cancellation or suspension. You understand we cannot guarantee your Content can be recovered once it is deleted from the Service.
- If you cancel the Service before the end of your current fully paid-up billing cycle, your cancellation will take effect immediately and you will not be charged again.
- Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms.
- Ortery, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Ortery reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Ortery reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to recurring subscription plan fees to the Service, are subject to change at any time, however pricing changes will not affect the Service during its current term.
- Such notice may be provided at any time by posting the changes to the SAASPhoto Site or the Service itself.
- Ortery shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- Ortery does not pre-screen Content, but Ortery has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- When you upload or otherwise submit content to our Service, you give Ortery (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.
- If you share content, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share content and who may access the Content that you share.
- This license continues even if you stop using our Service. Some Services may offer you ways to access and remove content that has been provided to that Service. You are fully responsible for making sure you have the necessary rights to grant us this license for any content that you submit to our Service.
- You agree that these Terms of Service apply to all content that you have previously submitted and, in the future, will submit.
- We claim no intellectual property rights over the material you provide to the Service.
- If you upload content to the Service that you are not the copyright holder of, then your account may be suspended or terminated and you agree to be liable for all resulting claims, damages, loss of profit, and reasonable (or ridiculous) attorney’s fees.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is available via phone or email.
- You understand that Ortery uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Ortery, or any other Ortery service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ortery.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ortery customer, employee, member, or officer will result in immediate termination of your Account and/or use of the Service. Choose kindness.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam”
- You must ensure that you do not transmit and your content is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
- If your bandwidth or storage usage exceeds purchased Service plan, we reserve the right to stop your content distribution or disable your Account until the end of the Service term or until you upgrade the Service. We do provide convenient options to satisfy the needs of our customers with Service plans that cover all bandwidth and storage needs.
- Ortery does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Ortery shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ortery has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Ortery to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ortery and govern your use of the SAASphoto Service, superseding any prior agreements between you and Ortery (including, but not limited to, any prior versions of the SAASPhoto Terms of Service).
- Questions about the Terms of Service should be sent to contact@Ortery.com.
During the course of this agreement, each party may be given access to confidential and proprietary information of the other party. Each party agrees to keep such information confidential.
As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.
Choice of Forum
Both parties agree to arbitrate any dispute arising out of or from the relationship of these terms of service in Orange County, California.
Choice of Law
These terms of service shall be interpreted under the laws of the State of California.
If any provision of this Agreement is held illegal or unenforceable in any judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
DISCLAIMER OF WARRANTIES; LIMITATION DAMAGES
ORTERY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING ORTERY SERVICES. ORTERY AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. ORTERY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR CLICK FRAUD, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS AGREEMENT, THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE EXTENT ALLOWED BY LAW, EVEN IF ORTERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.