I. Terms of Membership
You must reside in the United States and be at least 18 years old to order merchandise from von Selfies LLC. In addition, by becoming a von Selfies LLC customer, you agree to provide von Selfies LLC with true, accurate, current and complete information about yourself when such information is requested by the Services (whether by questionnaires, surveys, registration forms or other informational requests).
II. Digital Image Storage
von Selfies LLC does not offer storage of your online photos from digital photos that you upload to your account.
III. Customer Conduct
We require that every user of the Services refrain from uploading, posting, sharing or otherwise using the Site to process "Prohibited Content." Generally, Prohibited Content includes (without limitation) any of the following:
a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the von Selfie LLC Services.
e. Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others ("phishing").
f. Content that harms minors in any way.
g. Any links to the above.
Von Selfies LLC has the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Services may be examined at any time. You acknowledge that although von Selfies LLC does not and will not examine and review all content submitted or transmitted to the Services, von Selfies LLC has the absolute right (but not the obligation) to review, delete, move, and edit materials for any reason, at any time, without notice. In the event of a dispute pertaining to any content, von Selfies LLC may disclose content to parties to the dispute (including their agents and governmental authorities).
Notwithstanding the above, when you access the Site and/or use the Services, you acknowledge and agree that all content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to content that you consider offensive and you take sole responsibility for such exposure. Finally, you acknowledge that von Selfies LLC in no way guarantees the accuracy, quality or appropriateness of content available on the Site. In no event shall von Selfies LLC (including its officers, directors, employees, affiliates, suppliers and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Services, including (without limitation) errors or omissions in such content, and loss or damages incurred as a result of use of such content.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services, or access to the Services for any commercial purposes.
IV. No Resale of Service
As a convenience to our Members, we may make third-party software available through the Services. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider
By downloading third party software, you acknowledge and agree that von Selfies LLC does not guarantee that any software downloaded through the Services will be free of viruses, worms, or Trojan horses or other forms of corruptive code, even if the software is provided by a von Selfie LLC supplier. Von Selfies LLC makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Services. In no event shall von Selfies LLC (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
V. Third Party Software
What You License to von Selfie LLC
When you join our Service, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photos and von Selfie LLC Services available to you and anyone you authorize to see your images, we need the rights to make use of all content on the Services (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your Membership, you hereby grant von Selfies LLC a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you, solely for the purpose of providing the Services. In no event will von Selfies LLC print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, posting on line, etc.). You remain the owner of all content that you submit to the Services and as a condition to Membership, you represent and warrant to von Selfies LLC that you are the owner of the copyright to content you submit to the Services or that you have written permission from the copyright owner to submit such content.
Copyright Protection for Content on the Services
All information, images, content, software and materials offered on or posted to von Selfies are protected by U.S. and international copyright laws and by other laws. Von Selfies LLC is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit as a result of your activities, even if the violation is unintentional. Von Selfies has the absolute right to terminate your von Selfie membership or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, von Selfies LLC has a process in place to respond to your concerns. Please contact us at firstname.lastname@example.org
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VON SELFIES LLC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. VON SELFIES LLC WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR PRINT(S) ARE DAMAGED, OR ARE OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, VON SELFIES LLC SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR VON SELFIES LLC TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCT PURCHASED FROM VON SELFIES LLC, OR (II) REPLACE THE PURCHASED PRODUCT AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT PRODUCT.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, VON SELFIES LLC ON BEHALF OF ITSELF AND ITS SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VONS SELFIES LLC MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICES, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. VON SELFIES LLC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH VON SELFIES’ SITE OR THAT ARE ADVERTISED ON THE VON SELFIES SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IX. Limited Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, NEITHER VON SELFIES LLC NOR ITS SUPPLIERS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
X. LIMITATION OF LIABILITY
You agree and acknowledge that von Selfies LLC, in its sole discretion, may terminate your von Selfies membership or use of the Services, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by von Selfies LLC elsewhere on the Site;
b. Conduct that von Selfies LLC believes is harmful to other von Selfies Site users, von Selfies LLC Members, von Selfies LLC, the business of von Selfies LLC, or other third party information providers;
c. Failure to continue Active Participation; and
d. Conduct that violates the spirit of these Terms.
Further, you agree that von Selfies LLC shall not be liable to you or any third-party for any termination of your access to the Services. We urge you to make personal copies of all content you download on the Site.
The state and federal courts of Delaware shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of Delaware.
XII. Choice of Law
You agree that von Selfies LLC reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Services or any part of the Service.
XIII. Modification of Terms
These Terms constitute the entire agreement between you and von Selfies LLC and govern your use of the Services, superseding any prior agreements between you and von Selfies LLC. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of von Selfies LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XIV. Entire Agreement
You can report abuse of these Terms by contacting Customer Support Team at email@example.com