Terms of Use

Effective Date: April 20th, 2016

Thanks for using CaptureLife! These terms of use (“Terms”) cover your use and access to the CaptureLife services, client software and websites (“Services”) provided by CaptureLife. These Terms refer to those using our Services as “you” and “your”, and to CaptureLife, Inc. as “we”, “us”, “our”, or sometimes “CaptureLife”. By using our Services, you’re agreeing to be bound by these Terms, including our Privacy and Acceptable Use policies. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. We may change these terms from time to time, and you accept these changes by continuing to use the Services.

Your Content & Your Permissions

When you use our Services, you provide us with things like your images or videos (“Your Content”). Content you personally add to CaptureLife is yours. If digital content is shared with you in CaptureLife by a photography company or other digital content provider, you are bound by their ownership terms and copyrights. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, photo previews, easy sorting, editing, sharing, printing, and searching. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to trusted third parties we work with. Other than that, we will not share Your Content without your permission except when we are required to by law.

Sharing Your Content

Our Services let you share Your Content with others, so please think carefully about what you share. When you share a photo or video, you are allowing other people to copy that content into their own CaptureLife accounts and/or to their computers or mobile devices.

Your Responsibilities

You’re responsible for your conduct, Your Content and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights, like copyrights and privacy rights. Please don’t copy, upload, download, share, or print content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13, and are not a person barred from using these Services by any applicable laws of the jurisdiction where you live or access the Services.

Software

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Except to the extent that the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or encourage or help anyone else to do so. If you do have a legal right to reverse engineer or decompile the Services, you agree not to do so without letting us know first and giving us the chance to provide what you need without making that necessary.

Our Services and Content

The Services are protected by copyright, trademark, and other laws of the United States and other countries. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, or our trademarks, logos and other brand features. We welcome your feedback, and you agree that we may use your comments or suggestions without any restrictions or obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Process (see below). We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Content Storage

Unless otherwise stated in an agreement between us and you, we can remove Your Content from the CaptureLife service.   We will provide you with 30 days notice before removing your content so you have the ability to download and save the content to your computer or mobile device.

Termination

You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice if you’re not complying with these Terms, including the Acceptable Use Policy, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate your free account and delete Your Content if you haven’t accessed our Services for 3 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we delete anything.

CaptureLife is designed to be used by people and organizations willing to follow our Terms, not those who want to use CaptureLife as a commercial media gallery or streaming service, and especially not content pirates. If you’re a person looking to keep your digital memories safe, easy to share and enjoy, then CaptureLife is for you. If you are not following our Terms, particularly our Acceptable Use Policy, then CaptureLife was not built for you and we reserve the right to terminate your account. We will not tolerate anyone using CaptureLife to distribute illegal content or as a streaming service—public or private—for photos or video that they did not create. We take copyright seriously, and we follow the DMCA Policy we’ve outlined here.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTURELIFE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THE WEBSITE. THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT CAPTURELIFE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR CONTENT DUE TO YOUR USE OF THE SERVICES. Some states and countries don’t allow the types of limitations in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPTURELIFE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CAPTURELIFE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES GREATER THAN THE AMOUNTS PAID BY YOU TO CAPTURELIFE FOR THE PAST 12 MONTHS OF THE SERVICES CAUSING THE CLAIM. Some states and countries don’t allow the types of limitations in this paragraph, so they may not apply to you.

Resolving Disputes

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or we shall seek a resolution via binding arbitration, to be conducted under prevailing rules of the American Arbitration Association. You and we shall each be responsible for our own fees and costs and any arbitration award shall be enforceable in any court of suitable jurisdiction. If we cannot resolve the disagreement, any arbitration will take place in the Washington, D.C metropolitan area.

You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration then you and we each agree to waive any right to a jury trial. You and we also agree that either may bring suit in any court with appropriate jurisdiction to enjoin infringement or other misuse of intellectual property rights, regardless of the arbitration requirement.

By using these Services, you agree that the United States Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, USA, without regard to conflict of laws provisions, will govern these Terms and the Services and any dispute of any sort that might arise between you and CaptureLife.

Entire Agreement

These Terms, as they may be revised from time to time, are the entire agreement between you and us with respect to the Services and these Terms, and replace any other prior or simultaneous terms and conditions applicable to the Services or these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Our failure to enforce a provision does not waive our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an arbitrator or court will try to substitute an enforceable term reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to our affiliates or subsidiaries, or to any successor in interest associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Privacy Policy

CaptureLife appreciates and is committed to your privacy and protection needs when using the Services.

In order to provide the Services, we collect and analyze information about your photos and videos, including captions, date, time and location information, and even the camera settings or the name of the hard drive they were stored on. This data is collected anonymously and the CaptureLife team may use the information gathered to provide all of our users with a better experience. With that said, no employee or agent of CaptureLife will ever look at the underlying private photos in your account without your permission to do so except where required by law or a reported DMCA violation.

In order to keep CaptureLife running effectively and securely, we work with a number of highly trusted third parties, including storage providers, analytics providers, messaging services, printing services, publishers and advertising networks (where we advertise the use of CaptureLife), payment processors and helpdesk software providers. When necessary, we may share your information with these parties in order to try to deliver the best possible experience or to complete your requests (e.g. we may share your address with a photo printing service to deliver your digital prints). When it comes to third party providers, we at CaptureLife will always try to maintain your privacy and security. As such, your private account information—including your name, email address, phone number and payment information—will never be sold to third parties. We may however disclose your information to a third party as part of a reorganization, merger, or a sale of the assets of CaptureLife. Any third party to which CaptureLife transfers or sells CaptureLife assets will have the right to continue to use the personal and other information including Your Content that you provide to us for use with the Services.

California law permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request please send an email to help@capturelife.com

Acceptable Use Policy

We’re proud of the trust you’ve placed in CaptureLife. In exchange, we trust you to use our Services responsibly.

Use Restrictions: As a condition of your use of the Services, including this Web Site, you agree that you will not use or try to use the Services for any purpose that is unlawful or is prohibited by these Terms. You may not use the Services in any manner, which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services, including, but not limited to, data mining, robots, or similar data gathering and extraction tools. Specifically CaptureLife may deactivate or suspend your access or account if we find or reasonably suspect that you have violated these Use Restrictions. You also agree to comply with the applicable Google Cloud Platform Terms available at https://cloud.google.com/terms/.

We have no obligation to monitor the materials you post in using the Services. However, we reserve the right to review materials you post and to remove any materials in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in the Services. We do not control or endorse the content, messages or information found in any posted material and, therefore, CaptureLife specifically disclaims any liability with regard to the Services and any actions resulting from your participation in the Services. CaptureLife members are not authorized CaptureLife spokespersons, and their views do not necessarily reflect ours.

Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Digital Millennium Copyright Act (DMCA) Policy

Our policy is to respond to properly prepared notices claiming copyright infringement. We want to clearly describe how to submit a notice of alleged copyright infringement (“Infringement Notice”) but we also want to avoid notices that are fraudulent, incorrect, or difficult to understand or confirm. The Infringement Notice described below is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”) the text of which can be found at the U.S. Copyright Office link http://www.copyright.gov/legislation/dmca.dpf.

Our response to an Infringement Notice may include removing or disabling access to allegedly infringing content. If we remove or disable access to content in response to an Infringement Notice, we will make a good-faith effort to forward your Infringement Notice to the content provider so that they may make a counter notification. We also reserve the right to send a copy of your Infringement Notice (with your personal information removed but your company or organization displayed) to a third-party, which may publish and/or annotate it, such as the Chilling Effects Clearinghouse (http://www.chillingeffects.org).

If you believe that any content available on the CaptureLife website infringes one or more of your copyrights, please notify us promptly by means of an emailed notice (“Infringement Notice”) to us at dmca@capturelife.com the information described below. If we consider it appropriate to take action in response to an Infringement Notice, we will make a good faith effort to contact the party that made such content available by means of its most recent email address, if any. You should be aware that you can be held be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. So, if you are not sure content located on or linked-to the CaptureLife Website really infringes your copyright, you should consider first contacting an attorney.

Infringement Notice

The DMCA requires that a valid Infringement Notice must include the following:

Identification of the copyright you claim was infringed;

A description of the nature and location(s) of the content that you claim infringes your copyright, in sufficient detail to permit us to find and positively identify that content;

Your name, address, telephone number and email address;

The following two statements by you:

“I believe in good faith that the use of the content described above as allegedly infringing is not authorized by law, or by the copyright owner or such owner’s agent.”;

“I swear, under penalty of perjury, that all of the information contained in this Infringement Notice is accurate, and that I am either the copyright owner or a person authorized to act on the copyright owner’s behalf.”; and

A scanned physical signature or an electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;

Please send your completed Infringement Notice to CaptureLife’s Designated Copyright Agent :

Copyright Agent

CaptureLife Inc.

5200 Plain Tree Way, Haymarket, VA 20169

or

dmca@capturelife.com

 

Counter Notification

If you are accused of providing allegedly infringing content, you may make a counter notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. When we receive a counter notification, we may reinstate the content in question.

To file a counter notification with us, you must provide a written communication from the email address associated with your account that sets forth the items specified below. Please note that under the DMCA you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain content you provided infringes the copyrights of others, we suggest that you contact an attorney before sending a Counter Notice.

Each Counter Notification must be sent to our designated agent listed above. If sent via email to dcma@capturelife.com include in the subject line “Counter Notification” and you must include the following:

Identify the specific URLs or other unique identifying information for each item of content that CaptureLife removed or disabled access and the location at which the material appeared before it was removed or access to it was disabled.

Provide your name, address, telephone number, email address, account username, and a statement that you consent to the jurisdiction of Federal District Court for the district in which your address is located (or the Eastern District of Virginia if your address is outside of the United States), and that you will accept service of process from the party who provided the Infringement Notice.

Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”

A scanned physical signature or an electronic signature of the content provider or a person authorized to act on the content provider’s behalf.