Last Updated: November 12, 2019

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. THIS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND PHOTILES.COM.AU ("PHOTILES," "WE" OR "US") FOR THE USE OF THE PHOTILES APPLICATION (THE "APP") AND ANY RELATED PHOTILES WEB OR MOBILE SITES WHICH LINK TO THESE TERMS (THE "SITES"). THE APP AND THE SITES WILL COLLECTIVELY BE REFERRED TO AS THE "SERVICE." BY DOWNLOADING, ACCESSING OR USING THE APP OR OTHERWISE ACCESSING ANY PORTION OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS EULA.

Changes to Terms: To the full extent permitted by applicable law, we reserve the right to change or modify any of the terms and conditions contained in these Terms or any related policy or guideline, at any time and in our sole discretion by providing notice these Terms have been modified. Such notice may be provided by sending an email, by posting a notice in the App or the Sites, by posting the revised Terms in the App and on the Sites and revising the date at the top, or by such other form of notice as we may determine is appropriate. Your continued use of the App following the posting of the revised Terms or other notice of such changes will constitute your acceptance of such changes or modifications.

1. Copyrigh (a) The App contains the valuable proprietary content of Photiles and is protected by copyright and other intellectual property laws and treaties. You agree not to use the App except in its intended manner in accordance with these Terms. (b) Subject to the terms, conditions and limitations set forth in these Terms, Photiles grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use the App on any mobile device that you own or control and to access and use the Sites, solely for your personal, noncommercial use. The terms of the license will also govern any upgrades we provide that replace and/or supplement the original App. We reserve the right to terminate this license at any time in our sole discretion.
2. License Limitations. You agree not to do, or authorize or permit any third party to do, any of the following: (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the App or the Sites (except to the extent any such restrictions are prohibited by applicable law); (ii) modify, alter or create any derivative works of the App or the Sites; (iiii) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App or the Sites; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) use the App or the Sites other than for their intended purpose or in a manner that interferes with the use and enjoyment of the Service by other users. If you violate any of the foregoing restrictions, your use of the Service will be unlicensed and will infringe our copyright and other rights, which may subject you to prosecution and damages. We reserve all rights not expressly granted to you herein.
3. User Content and Conduct. You are solely responsible, and assume all liability, for all photos, graphics, and other content or materials ("User Content") that you upload using the Service, or that are posted or transmitted using your account, as well as for your conduct and the conduct of anyone using your account. You agree that Photiles is not in any way responsible for any User Content, or for any loss or damage thereto, or for the conduct or content of other users that you may encounter as a result of using the Service. Company is also not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Service is at your own risk.

   You agree that the User Content you upload using the Service will not infringe or violate the rights of any third party (including copyrights, trademarks and rights of privacy or publicity), violate any applicable law, rule or regulation, and will not be unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, abusive, inflammatory, false, misleading, or fraudulent or contain any viruses, corrupted data or other harmful, disruptive or destructive files. If you post any third-party materials, such as professional photographs, you must first obtain permission from the copyright owner in such materials to do so.

   You further agree that you will not do any of the following in connection with your use of the Service:

   • Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the App or that could damage, disable, overburden, impair or circumvent the intended the functioning of the App in any manner;
   • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
   • Use or attempt to use another user's account, or access or view another user's information, without authorization;
   • Compromise the security of the Service or attempt to circumvent any security or identification features or techniques we employ;
   • Use the App or the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity; or
   • Violate the publicity, privacy, or data-protection rights of others.

   Enforcement of these user content and conduct rules is solely at our discretion, and these rules do not create any private right of action on the part of any third party or any reasonable expectation that the App will not contain any content or conduct that is prohibited by such rules. As a provider of interactive services, Photiles is not liable for any statements, representations or User Content provided by its users in connection with the Service. Although we have no obligation to do so, we reserve the right to remove, screen, or disable access to any User Content at any time and for any reason without notice, and you are solely responsible for creating backup copies of any User Content you transmit through the Service.

4. Ownership and Use of User Content. You retain all ownership rights in your User Content. However, by submitting User Content, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to publish, reproduce, distribute, transmit, store, adapt, translate, publicly perform, publicly display and otherwise use your User Content in any manner or media in connection with providing the Service and as otherwise described in these Terms.

   You represent and warrant that (a) you own and control all of the rights to the User Content that you upload or you otherwise have the right to upload such User Content to the Site and grant the rights you grant in these Terms; (b) your use of the User Content does not violate these Site Terms; and (c) neither your use of any User Content, nor the use thereof by Photiles, will not infringe upon or violate any rights of, or cause injury to, any person or entity.

5. Feedback. You agree that any feedback, suggestions, ideas, or other information or materials regarding the App or the Service that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Photiles. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive and assign to us any rights you may have to the Feedback (including any copyrights or moral rights).
6. Refunds. If you are not completely satisfied with your order due to our mistake or because your order(s) have arrived damaged, you may request a refund by sending us proof picture of the damaged items. Subject to applicable law, we will not refund any amounts if your dissatisfaction with the product is due to a mistake on your part or simply because you have changed your mind.
7. Third Party Applications and Services. Portions of the App and/or Services may involve linking to or using web sites belonging to third parties. The App may also provide you with links to access the sites of third-party vendors including, without limitation, for the purpose of reviewing or using their services. We have no control over third-party sites and/or mobile applications, and all use of third-party sites and/or mobile applications and services is at your own risk. Additionally, Photiles cannot accept responsibility for any payments processed or submitted through such third-party sites and/or mobile applications, or for the privacy policies of any such sites. Photiles is not responsible for content or services available by means of such sites and/or mobile applications. Photiles does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
8. Termination or Modification of Service. Photiles reserves the right to terminate your account or disable or suspend your access to the App at any time without notice. In no event will Photiles be liable for the removal of or disabling of access to the App or any portion or feature thereof or your User Content. Photiles may also at any time upon notice impose time limits, files size limits, conditions or fees with respect to all aspects or features of the Service
9. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Photiles has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Indemnification. You agree to indemnify, defend, and hold harmless Photiles and each of its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of the App or the Services, including any Image uploaded to the App or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
11. DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PHOTILES HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENPHOTILESMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

    PHOTILES CANNOT AND DOES NOT WARRANT THAT THE APP WILL FUNCTION CORRECTLY AND WITHOUT DELAYS OR DISRUPTIONS, WILL AT ALL TIMES BE SECURE, ERROR FREE AND PREVENT UNAUTHORIZED ACCESS, OR THAT ALL DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENTS, INFORMATION, GUIDELINES OR ADVICE GIVEN BY PHOTILES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.

12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTILES BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND OTHER USER CONTENT, EVEN IF PHOTILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL PHOTILES'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP EXCEED THE GREATER OF TEN DOLLARS OR THE TOTAL LICENSE FEE, IF ANY, THAT YOU HAVE PAID TO PHOTILES FOR USE OF THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.