(effective October 1, 2011)
By using this website and/or any software from this website, you agree these Terms of Service and other terms that appear in the Site and are incorporated by reference, are the legal agreement between you and Gen3 Service, Inc. (“Gen3”) covering your use of the Sharetography.com website (“Site”) and the service offered (“Service”) through the Site. Gen3 has the right to change these Terms of Service without notifying you so please regularly review this page so you will know of any changes and how they will affect you. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SITE OR SERVICE.
The Site is owned and operated by Gen3 Service, Inc., an Illinois corporation. Gen3 may change or discontinue the Site at any time and without notice. Gen3 has the right to take any and all action it deems necessary to ensure the integrity of the Site and Service. You may not resell any Service provided on this Site.
Description of Service
Gen3 offers a fun and easy way to share photographs using your mobile device. The Service is offered in two different versions:
- Share2QR allows you to select and upload an image, then creates a unique QR code which, when scanned, downloads the image to the mobile device of the recipient; and
- Sharetography allows you to create an event, invite anyone on your contact list to the event by email or text and, when your guests join the event, photos they take are instantly shared with all the other guests at the event.
You can download and use Share2QR without registering in the Site but to use Share2QR, you must register ("Membership") and become a Member. Membership is available to you if you are at least 13 years of age and submit your name and email address. After you register, Gen3 will issue a password and account designation to you. It is your responsibility to keep your password and account information confidential and you are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Gen3 of any unauthorized use of your password or account or any other breach of security and (b) log off of your account after each session on the Site.
As a Member you will occasionally receive questionnaires, surveys and other requests for information. To continue as a Member, you will need to provide true, current, and complete information about yourself when responding to these requests. Another condition of Membership is logging in to the Service at least once every 365 days. If you do not log in at least once a year, Gen3 may terminate your Membership and your use of the Service, and may remove and discard all the User Content (defined below) that you uploaded or which was otherwise made available by you within the Service.
Digital Image Storage
Gen3 offers a limited amount of free online storage to Member for their photos. The original resolution of your User Content may be affected. Gen3 may down-sample the stored images and may charge Members for storing images based on their resolution or make high resolution images available for purchase as printed photos or other products. Members can store individual User Content uploads for up to 365 days. Gen3 will limit the maximum size of what you can store as User Content, by upload and/or Member as well as the maximum number of times and duration of your access and use of the Services in a given period of time. Gen3 will notify you of these parameters when you register as a Member and later, if and when these limits and prices change.
When you use the Services you understand and agree that your User Content will be uploaded and stored on servers that Gen3 owns or leases. You affirm that all your User Content complies with the requirements in these Terms of Service, and specifically is not improper use of the Site as described below.
You should always preserve your original User Content by making back-up copies on your own computer, external storage device and with online storage providers. The Service is not intended as a back-up or storage service for User Content, only a convenient, temporary repository.
Proper Use of this Site
Gen3 grants you the limited, revocable license to access and use the Site to learn about Gen3 and the Service, and download apps, and use the Service, all subject to your compliance with these Terms of Service. You do not include the right to collect or use information contained on the Site for purposes that Gen3 prohibits or to make any reproductions or adaptations of apps or content in the Site. If you use the Site in ways that go beyond what is authorized in these Terms of Service, Gen3 may revoke your license to use the Site by blocking your access and terminating your Membership without further notice.
Improper Use of this Site
You may only use the Site for lawful purposes and only as Gen3 permit in these Terms of Service. You may not reproduce, duplicate, copy, or otherwise exploit this Site for any commercial purposes. The following rules are not exhaustive and Gen3 may revoke your access to the Site at any time if you violate any of these rules:
You may not submit or transmit through the Site any material or engage in conduct that:
- Violates or infringes the rights of others including intellectual property rights.
- Violates or infringes the rights of others including intellectual property rights.
- Impersonates any person, business or entity, including Gen3
- Contains a virus or worm or permit the unauthorized use of a computer or network
- Encourages conduct that would constitute a criminal offense or creates civil liability
- Interferes with the operation of the Site or anyone else’s use of the Site
- Uses a robot, spider or other device or process to monitor the activity on or copy content from the Site.
- Uses any metatags, search terms, key terms, or the like that contains the Site name, Gen3 or any of its trademarks or service marks.
- Transmits, directly or indirectly, any unsolicited bulk communications (including email and instant messaging) or collects information on Site users for the purpose of sending unsolicited bulk communications.
- Embeds any page of the Site in “frames” running form other web sites.
- Creates client accounts by automated means or under false or fraudulent pretenses.
- Mirrors the Site on any other web site or server.
- Falsely states or implies that you are sponsored or endorsed by Gen3.
Gen3 invites you to participate in Site features that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute User Content to and through the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content").
By using the Service you represent to Gen3 that you took the photos that you store with the Service and that all other User Content you post is wholly original to you and you exclusively own the rights to it, including the right to reproduce, distribute and publicly display it on the Site as well as grant the rights and licenses to Gen3 which are contained in this section of the Terms of Service without Gen3 incurring any obligations or liability.
You grant to Gen3 the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, in any and all formats; on or through any and all media, Service, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable person who appears in your User Content to use the person’s likeness for purposes of using and exploiting the image in a manner consistent with these Terms of Service. If an identifiable person is under the age of 18, you must first get that person’s parent or guardian to authorize use of his or her image in your User Content.
Gen3 has no obligation to accept, display, review, monitor, or maintain any User Content. Gen3 has the right to delete User Content from the Site and Service without notice, for any reason, at any time. Gen3 may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Gen3 reserves the right to treat User Content as content stored at the direction of users for which Gen3 will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth below when violations are brought to Gen3's attention. You acknowledge that you do not rely on Gen3 to monitor or edit the Site and that the Site may contain content which you may find offensive and you hereby waive any objections you might have with respect to viewing such content.
Third Party Intellectual Property Rights
The Site may include links to third-party websites. You acknowledge that Gen3 has no control or liability for the content on any linked third-party site or blog or for any merchandise sold there.
You agree to defend, indemnify and hold Gen3, its directors, officers, employees, franchisees, agents, and advertisers, harmless from any and all liability, loss, claim and expense, including reasonable attorneys’ fees, arising out of User Content or related to your violation (and any violation by your children) of these Terms of Service or any local or federal laws or regulations or for anything that others do in reliance on your postings. You accept full responsibility for complying with applicable laws and regulations. Gen3 reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
TO THE EXTENT PERMITTED BY APPLICALBE LAW, THE SITE, ITS CONTENT, SERVICE AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE MADE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GEN3 DOES NOT GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, OR THAT THE SITE OR SERVICE WILL MEET ALL OF YOUR REQUIREMENTS OR BE ACCESSIBLE AT ALL TIMES THAT YOU WANT IT TO BE. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY IN CERTAIN STATES.
Limitation of Liability
You understand and agree that Gen3, its directors, officers, employees, franchisees, agents, and advertisers, will not be liable to you for any special, indirect, consequential damages or punitive damages arising out of use of the Site or the Service or purchase of any products through the Site, including but not limited to, damages for (a) loss of profits, goodwill, use or data even if Gen3 has been advised of the possibility of such damages; (b) unauthorized access to or alteration of your User Content; and (c) third party statements or conduct.
Gen 3 Copyrights
All the content on this Site which is not User Content, including text, graphics, logos, button icons, images, audio and video clips, animation, downloads, data compilations and Service, is the property of Gen3 or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Gen3. The content on this Site may only be used as Gen3 permits; all other uses, including reproduction, modification, distribution, transmission, republication, public display or public performance, is strictly prohibited.
SHARE2QR and SHARETOGRAPHY and other Gen3 logos and service names are service and trademarks or trade dress of Gen3. These marks and trade dress may not be used in connection with any product or service that is not provided by Gen3 or in any manner that is likely to cause consumer confusion, dilute the marks or in any manner that discredits or disparages Gen3, its directors, officers, employees, franchisees, agents, and advertisers.
By visiting the Site, you agree that the laws of the state of Illinois, without regard to the principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Gen3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising our of or related to use of the Services or the Terms of Service must be filed in an arbitration complaint within 1 year after the claim or cause arose or it will be barred.
You agree that any disputes or claims that you may have against us will be submitted to confidential arbitration in DuPage County, Illinois before a single arbitrator in accordance with the commercial rules of the American Arbitration Association. However, if you have in any manner violated or threatened to violate our intellectual property rights, Gen3 may file an action seeking injunctive relief and any other available remedies in any court of competent jurisdiction and you consent to the person jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the Circuit Court for the Eighteenth Judicial Circuit in Wheaton, Illinois and the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. The arbitrator’s award shall be final, binding and conclusive except that it may be appealed pursuant to the Federal Arbitration Act. The arbitrator’s decision shall be in writing supported by written findings of fact and conclusions which shall set forth the award and may be entered as a judgment in any court of competent jurisdiction. In rendering the decision, the arbitrator shall follow Illinois law and not use equitable principles which would permit the arbitrator to ignore these Terms of Service or the law. Any award is subject to all dollar and other limitations in these Terms of Service. To the fullest extent permitted by applicable law, no arbitration shall be joined to one involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site, Service or these Terms of Service must be brought within 1 year after such claim or cause of action accrues or it will be barred.
Should any part of these Terms of Service be held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure to enforce any of these terms shall not be deemed a waiver of such provision nor the right to enforce such terms. Gen3 reserves the right to change these Terms of Service without notice. You agree that your account is not transferable and any rights to your password and User Content terminate on your death. Upon receipt of a copy of a death certificate, Gen3 may terminate your account and all User Content in it will be permanently deleted.
Gen3 does not provide any personally identifiable information about you to any third parties without your prior consent, unless those third parties have agreed to our confidentiality provisions and use the information only to help us provide the Service to you, or as we are required by law to disclose such information, such as to comply with a legal process or respond to claims that our content has violated any third party rights.