Terms of Service

  1. Acceptance.

By using the Photatobug website, you acknowledge that you are accepting the Terms of Service and thereby entering an agreement with Photatobug. Your use of the website, regardless of what tool or part, and whether you are a member or nonmember, will obligate you to this Agreement. Photatobug reserves the right to change the Terms of Service, at any time. The changes will be posted on the Photatobug website. You agree with each usage, to be bound by the terms then contained on the Photatobug website. Therefore, it is in your best interest to check the Terms of Service with each use.

  1. Description of Service.

Photatobug provides a method which allows the user to upload pictures, sequentially organized and displayed, while playing selected background music for website use only and store the product on the Photatobug website for future use and sharing. The Photatobug methodology is unique and can provide the user with a dynamic presentation of photographs. You acknowledge and understand that the services provided by Photatobug are “as-is” and that Photatobug assumes no responsibility for the processes occurring on the website, including deletion, failure to store, loss or damage to any photographs which you provide. You assume the risk of loss by using the website. Photatobug may, from time to time, allow advertisers use of space on the website, which you accept.

  1. Age Restriction.

You are restricted from using this website if you not at least 14 years of age. The Photatobug website is not intended for use by children. Photatobug does not make any attempt to review, censor or screen photographic content provided by users. Photatobug, however, has specific restrictions which, by agreement, any user of the website agrees shall not occur. In the event there is a violation of the agreement by a user, the offending material will be deleted by Photatobug and, if a member provides the offending content, the membership will be cancelled immediately. For legal purposes of entering into this Agreement with Photatobug, you must be 18 years of age or older to be a member or maintain a free or paid Account.

  1. Registration for Service.

    1. Accounts. Photatobug provides two accounts: free (“Free Account”) and paid (“Paid Account”). (i) The Free Account includes 50 photos and the standard Photatobug theme. You can make one (1) slideshow and share it with an unlimited number of people which will be stored by Photatobug subject to reasonable storage policies. The Free Account is limited to one (1) Free Account use from any individual or any IP address. (ii) The Paid Account is available at a cost of $3.79 per month, or $39.99 per year. The Paid Account provides the member with unlimited use of the Photatobug website, unlimited use of Photatobug themes and storage of an unlimited amount of pictures for so long as the membership is in good standing. However, you may not assign your membership to another person, under any circumstances.

    1. Billing. By providing Photatobug your credit card information, you agree that Photatobug may bill your credit card provider on the day you register and on the same day each successive month thereafter, $3.79 and you authorize your credit card provider to pay the amount billed. If you select a one year’s membership, your credit card will be billed $39.99. You will be entitled to one year’s prepaid membership. At the end of one year, you authorize Photatobug to bill your credit card company the amount then required for an annual membership by Photatobug. Photatobug reserves the right to increase or decrease the monthly and annual fee for Paid Accounts at any time, in which case the fee change will be posted on the Photatobug website. You authorize your credit card company to pay Photatobug membership fee after posting of a new fee on this website. However, you will always have the right to cancel your membership.

    1. Termination by You. You may terminate this at any time by clicking on the “cancel” button or by notifying Photatobug by e-mail. After notification, your membership will continue only for the month for which you have paid. Thereafter, your membership terminates and your credit card will not be billed. If you have paid for one year’s membership, your annual fee will be refunded on a prorata basis to your credit card.

    1. Disposition of Pictures. The pictures which you have stored on the Photatobug website can be retrieved by you, at any time. In the event you do not retrieve you pictures within thirty (30) days after termination of service, all but 50 pictures and your last slide show will be deleted from the Photatobug archive and your status will change to a Free Account. If you share your pictures with others, you assume full responsibility for the transmission, use, re-use, and dissemination by others.

  1. Use Restrictions.

You agree that you will not use the Photatobug website for any of the following purposes:

    1. transmitting or storing any explicit adult material;

    1. transmitting or storing any code of a destructive nature, such as worms or viruses;

    1. interfering or disrupting the website or use of website by other;

    1. obtaining personal data or information of any users of the website;

    1. attempting to decompile or disassemble, reverse engineer, or discover source code used on the Photatobug website;

    1. using the website for any illegal purpose or breaking any state or federal law;

    1. uploading or storing any picture or engaging in any conduct that is unlawful, harmful, threatening, harassing, defamatory, vulgar, obscene, libelous, hateful, racially, or ethnically or otherwise objectionable;

    1. forge headers or otherwise manipulate identifying information to disguise the origin of pictures provided to the website;

    1. uploading, or storing any pictures that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    1. using, transmitting, downloading or storing any copyrighted music available on the Photatobug website in any manner other than for use and archiving on the Photatobug website.

  1. Privacy.

Photatobug maintains a Privacy Policy that can be reviewed by you by clicking here. You acknowledge that you accept the terms and conditions of the Privacy Policy. Photatobug may be required by law to disclose your private information but will not do so unless it is necessary for compliance purposes.

  1. Registration Identification. All rights which are related to your registration identification are your responsibility. If you share your registration identification with others, you take responsibility for anyone else’s behavior who is using your registration identification. It is therefore recommended that you safeguard and protect your registration identification and not allow use by others. It is your responsibility to change your registration identification in the event of inappropriate use. Photatobug reserves the right that in the event your registration identification is, in the opinion of Photatobug, obscene, abusive, or could cause Photatobug public disparagement or scorn, to require you to change your registration identification or deny you access to the Photatobug website until you provide an appropriate registration identification. Additionally, any registration identification may not be transferred or assigned by you for any purpose.

  1. Restrictions.

    1. You agree that you will not store or display any photographic content which violates civil or criminal law. You further specifically agree that you will not display any photographic content which may be defined as “adult” in nature, including obscene, offensive, repugnant, disparaging, defamatory, abusive, harassing, or intimidating. Photatobug reserves the right, in its absolute and sole discretion, and at any time, to delete content which you store or display contrary to the terms of this Agreement, and to restrict access and use of the Photatobug website to you, or anyone who has access to your registration identification, for any reason and by any mechanism it chooses.

    1. In the event you provide your registration identification to another, for access to your archived photographic content, you are responsible for anyone who uses your registration identification and their subsequent redistribution. The terms of this Agreement shall apply to all who use your registration identification, whether you voluntarily, or involuntarily, provide access through your registration identification. You are therefore solely responsible for anyone who uses your registration identification and you agree that you will take appropriate precautions to prevent others violating any civil or criminal law who may use your registration identification.

  1. Ownership of Materials.

By using the Photatobug website, you are at risk that others may access materials which you own and use them for their own purpose. Photatobug has taken steps to prevent this use but cannot guarantee this will not occur. You agree that Photatobug is not responsible for protecting any intellectual property rights which you may have in the material which is displayed or stored on the Photatobug website. Photatobug will not provide any intellectual property notices or marking on any material which you provide and you are responsible to provide such markings on your material, if you choose. You represent to Photatobug that any materials which you display or store on the Photatobug website is not protected by another’s intellectual property rights and that you are in no way infringing upon the intellectual property right of another. Therefore, you agree to indemnify, defend and hold Photatobug harmless for any infringement of any rights of others caused by your use of the Photatobug website.

  1. License.

When you accept this Agreement, by using this website, Photatobug grants to you a non-exclusive, non-transferable, revocable license which allows you access and use of the Photatobug website, only in accordance with this Agreement. Photatobug may revoke this license, in its sole and absolute discretion, at any time, especially in the event that you violate any of the terms and conditions contained in the Agreement. You specifically and unequivocally agree that Photatobug retains all ownership rights, the title and interest in and to this website, the software, products, and related properties provided through the website, except for photographic materials lawfully submitted by members which are the member’s property.

  1. Indemnification.

You agree to defend, indemnify, and hold Photatobug harmless from any and all claims, causes of action, liens, judgments, suits, costs, including attorneys’ fees, arising from or related to your use of Photatobug website, the material which you store or display, another persons use of your registration identification, your breach of any of the terms and conditions of the Agreement, or your violation or infringement of the rights of any other person.

  1. Termination by Photatobug.

Photatobug reserves the right, in its sole and absolute discretion, to terminate your ability to access or use the Photatobug website and to remove, immediately and without notice, any material which you have provided or stored on the website, for any reason, especially in the event that Photatobug believes that you have violated any of the terms of the Agreement. In the event Photatobug terminates your access to the website, it also will terminate this Agreement. In the event of termination of the Agreement, Sections 9, 11, 15, 16, 18, and 19 will survive termination of the Agreement.

  1. Certain Limitations.

Photatobug may establish certain practices and limitations regarding your use of the website, including maximum amount of data available for storage and a maximum available space for any member of the website in its archives. You agree that Photatobug has the right to modify these general limitations and practices, at any time, without notice to you, and may modify, delete, and add to the terms and conditions, in its sole and absolute discretion, by posting on the website which will be effective from the date of posting and thereafter govern the relationship between you and Photatobug.

  1. Suspension of Services.

Photatobug reserves the right, as it deems necessary, to either temporarily or permanently modify or discontinue services provided on this website, with or without notice to you. You understand and agree that Photatobug shall not be liable to you, or any other person, for any modification, discontinuance, or suspension of the website or services provided herein.

  1. Photatobug Proprietary Rights.

You agree that the Photatobug website and related software contain proprietary and confidential information that is owned by Photatobug and is protected by intellectual and other property right and the law. You further agree that the website contains protected copyrights, trademarks, patents, as well as other proprietary rights which are protected by law. You agree, except as allowed by the Agreement, not to sell, distribute, lease, change, or create derivative work based upon the website or related software, in whole or in part. The license granted to you by Photatobug is for your use on a single computer. However, you are restricted from copying, modifying, creating a derivative work from, reverse engineering, reverse assembling, or otherwise attempting to discover any source code, or sell, transfer, assign, sublicense or otherwise transfer any ownership interest or right in the website related software. You further specifically agree that you shall not modify, in any manner, any of the Photatobug website related software, or otherwise access the Photatobug website by any means other than through appropriate registration identified for normal accessing.

  1. Limitation on Use of Music.

    1. You may use the music which is available on the Photatobug website only as background music to your material on the website and no other place. You may not reproduce, copy or distribute by any means, method or process whatsoever any of the musical compositions contained on the Photatobug website, including transferring or downloading any such musical composition to a computer hard drive or other storage medium which is not available through the Photatobug website.

    1. You may not reproduce, copy, distribute or perform publicly, by any means or method, any sound recording embodied in any of the musical compositions contained on the Photatobug website.

    1. You may not publicly perform, by any means, method or process whatsoever, any of the musical compositions contained on the Photatobug website including, but not limited to any transmission, retransmission or further transmission of any of the musical compositions contained on the Photatobug website.

    1. The use of music contained on the Photatobug website is limited to non-dramatic performances on the Photatobug website only. You may not use any musical composition for any public performance of any opera, operetta, musical comedy, play, or like production, in whole or in part.

  1. Agreement to Obtain Permission.

You agree to that if for any reason you violate the terms of this Agreement and store, transmit, or allow public performance of the musical compositions contained in this website, that you directly obtain required authorization for performances of the copyrighted musical compositions from Ascap, which has licensed the use on this use of all musical compositions.

  1. Limitation on Warranties.

You agree that you use the Photatobug website and the related software at your own risk.

The products and services and related software provided through the Photatobug website are provided “as is” and without warranty of any kind or nature. To the maximum extent allowed by applicable law, Photatobug expressly disclaims any and all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular use and any warranty of non-infringement, security, reliability, timeliness, accuracy. To the fullest extent permitted by law, Photatobug disclaims any warranties for viruses or other harmful components in connection with Photatobug website. Some jurisdictions do not allow the disclaimer of implied warranties. If you live in such a jurisdiction, some of the foregoing disclaimers may not apply to you in so far as they relate to implied warranty.

  1. Limitation on Damages.

Under no circumstances shall Photatobug be liable to you for any consequential, incidental or special damages (including damages for loss of business profit, business interruption, loss of business information) arising from the use or inability to use products, (including errors and omission of any product). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the website or related products and services, from the inability to use the services, or from interruption, suspension, or termination of the services. In the event you live in a jurisdiction which does not allow the exclusion or limitation of liability for incidental or consequential damages, these limitations and exclusions may not apply to you.

  1. Additional Terms.

This Agreement is the entire and only agreement between you and Photatobug. Photatobug has made no other representations or warranties to you which is not contained in this Agreement. Photatobug may modify the terms and conditions of this Agreement at any time and any such modifications shall replace any prior terms and conditions in this Agreement, between you and Photatobug, and shall be effective upon posting on this website. This Agreement shall be governed and construed according to the laws of the State of Utah. Photatobug may assign this Agreement, at its sole discretion, in the event of an acquisition, merger or sale. If any term or condition in this Agreement is adjudicated, illegal, unenforceable, or invalid, then the balance of the Agreement shall remain enforceable, to the maximum extent available. It is intended between the parties that this Agreement shall control the relationship; therefore, anything contained on the website which is inconsistent with this Agreement, a copy shall be subordinate to the terms of this Agreement. You agree that any action related to this Agreement may only be brought within Salt Lake County, Utah. Photatobug’s lack of enforcement of any term or condition of this Agreement shall not be deemed a waiver of such term or condition of the Agreement nor the right to enforce such term or condition.

  1. Procedure for Making Claims, Copyright or Intellectual Property Infringement.

In the event you believe that you have intellectual property rights which have been infringed upon or violated through the use of the Photatobug website, please provide Photatobug Copyright Agent the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    1. a description of the copyrighted work or other intellectual property that you claim has been infringed;

    1. a description of where the material you claim is infringing is located on the site;

    1. your address, telephone number, and e-mail address;

    1. the statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

    1. the statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The agent for the notice of claim can be reached at:

By mail: Copyright Agent

c/o Photatobug

426 South 500 East

Salt Lake City, UT 84102

By e-mail: legal@photatobug.com