Phereo 3D Photo Player Terms of Service
By using Phereo 3D Photo Player ("Service"), or any services of Phereo Ltd. ("Phereo"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Phereo reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Phereo prohibits such conduct and Content on the Service, you understand and agree that Phereo cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. Your Account
To access the Services, you must create an account associated with a valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 3.
2. Payment, Refunds, Upgrading and Downgrading Terms
2.1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
2.3. An upgrade of a plan will immediately bill you. The unused part of paid period is subtracted from the payment for the first month of usage of a new plan.
2.4. For any downgrade in plan level, you will be charged the new rate on your next billing cycle.
2.5. Fees for additional impressions above limit of the active plan are calculated monthly. You will pay us the applicable fees and charges for additional impressions above limit using one of the payment methods we support within 30 days after fees are calculated. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding.
2.6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
2.7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Phereo does not accept any liability for such loss.
3. Cancellation and Termination
3.1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the "Cancel recurrance" button on the bottom of the change plan section. The Account screen provides a simple no questions asked cancellation link.
3.2. Phereo stops providing the Service immediately upon cancellation. This information can not be recovered once your account is cancelled.
3.3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
3.4. Phereo, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Phereo service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Phereo reserves the right to refuse service to anyone for any reason at any time.
4. Modifications to the Service and Prices
4.1. Phereo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
4.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Phereo 3D Photo Player Site (photoplayer.phereo.com) or the Service itself.
4.3. Phereo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Copyright and Content Ownership
5.1. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for:
(a) the technical operation of Your Content, including ensuring that your content is prepared in accordance with Content Preparation Guide;
(b) compliance of Your Content with the law;
(c) any claims relating to Your Content; and
(d) properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
5.2. You shall defend Phereo against any claim, demand, suit or proceeding made or brought against Phereo by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Phereo for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Phereo in connection with any such claim, demand, suit or proceeding; provided, that Phereo (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Phereo of all liability); and (c) provides to You all reasonable assistance, at Your expense.
6. General Conditions
6.1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
6.2. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
6.3. You understand that Phereo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
6.4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Phereo, or any other Phereo service.
6.5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Phereo.
6.6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Phereo customer, employee, member, or officer will result in immediate account termination.
6.7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.8. Phereo does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
6.9. You expressly understand and agree that Phereo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Phereo has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
6.10. The failure of Phereo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Phereo and govern your use of the Service, superseding any prior agreements between you and Phereo (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
6.11. Questions about the Terms of Service should be sent to firstname.lastname@example.org.