Effective date: April 15, 2021

Your Acceptance

By using or visiting the Photo Vault website or any Photo Vault products, softwares, data feeds, and services provided to you on, from, or through the Photo Vault website, you signify your agreement to these terms and conditions. If you do not agree to any of these terms please do not use the Service. This Service is provided by Photo Vault on an “AS IS” and “AS AVAILABLE” basis and Photo Vault reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree to be bound by such modifications. Photo Vault is and will not be liable to you for any modification, suspension or discontinuance of the Service.


Service

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” may include the text, software, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Photo Vault, including but not limited to all products, software and services offered via the Photo Vault website and mobile devices applications. The Service may contain links to third party websites that are not owned or controlled by Photo Vault. Photo Vault has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Photo Vault will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Photo Vault from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.


Photo Vault Premium Subscription

With an Photo Vault Premium subscription, you have access to all features, Photo Vault Premium subscription is billed annually at the rate corresponding to the selected plan. Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. To cancel your subscription, you can go to your device Settings> iTunes & App Store, tap your Apple ID, tap View Apple ID, tap Subscriptions, click on ‘Cancel Subsciption’ for the app. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. All fees and charges are non-refundable. If you would like to cancel your subscription, switch to another premium service package, please contact us. You are responsible for the content you publish and distribute on Photo Vault. You warrant that you own or have necessary licenses, rights, consents and permissions to publish the contents. You agree not to publish and create any premium listings for contents that violate our Terms of Service. Photo Vault has the right to remove the listings without any prior notice and fees or charges will not be refunded. You understand that your subscription or access to contents of the Site will be suspended if you violate the Terms of Service. Suspended accounts will not be restored and fees or charges will not be refunded.


General Use of the Service

Photo Vault hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Service or the Content without Photo Vault’s prior written authorization, unless Photo Vault makes available the means for such distribution through functionality offered by the Service. You agree not to alter or modify any part of the Service. You agree not to access Content through any technology or means other than the download page of the Service itself or other explicitly authorized means Photo Vault may designate. You agree not to use the Service for any of the following commercial uses unless you obtain Photo Vault’s prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Photo Vault appears on the same page and is of sufficient value to be the basis for such sales. Prohibited commercial uses do not include: uploading an original material to Photo Vault, or maintaining an original profile on Photo Vault, to promote your business or enterprise; any use that Photo Vault expressly authorizes in writing. You agree not to create posts, publish or distribute contents to Photo Vault of any kind that is, within the sole dicretion of Photo Vault, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that: Infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secrets, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights. Files/contents should not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Photo Vault all of the license rights granted herein; Promotes the infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.; Contains improper, incorrect and fake contents in any way that contents are with a different preview and incorrect title; Is duplicated or contains the same files and contents that already exist on Photo Vault; Contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party; Is offensive, abusive, threatening, harassing, stalking, promoting violence, racism, harm, hatred or bigotry against any group or individual; Is libellous, defamatory or promotes information that you know is false or illegal; Violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent; Solicits information from anyone under the age of 18; Is pornographic, sexually explicit or contains nudity; Is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose; Is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling). In your use of the Service, you will comply with all applicable laws. Photo Vault reserves the right to discontinue any aspect of the Service at any time.


Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. All brand, product and service names used in this Service which identify Photo Vault or third parties and their products and services are proprietary marks of Photo Vault and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Photo Vault or any third party with respect to any such image, logo or name. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Photo Vault on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Photo Vault or the respective licensors of the Content. Photo Vault and its licensors reserve all rights not expressly granted in and to the Service and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Photo Vault is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Photo Vault with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Photo Vault, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.


Content and Conduct

As a Photo Vault account holder you may submit Content to the Service. You understand that Photo Vault does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Photo Vault all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. You retain all of your ownership rights in your Content. However, by submitting Content to Photo Vault, you hereby grant Photo Vault a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Photo Vault’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Photo Vault may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Photo Vault all of the license rights granted herein. Photo Vault does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Photo Vault expressly disclaims any and all liability in connection with Content. Photo Vault does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Photo Vault will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Photo Vault reserves the right to remove Content without prior notice. Photo Vault has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.


Account Termination

Photo Vault will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Photo Vault reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity. Photo Vault may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.


RevenueCat

Photo Vault can use different services to validate the receipt for subscription status. The service we have implemented is RevenueCat. Photo Vault uses RevenueCat to fetch products, make purchases, and check subscription status.


Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.


Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Photo Vault without restriction.