The owner and operator of Pomoto.com, and its affiliates and suppliers (collectively "Pomoto") provide their media hosting and related services and software (the "Services") to you subject to the following conditions. If you visit or purchase at Pomoto.com, you accept these terms and conditions.
Pomoto provides its media hosting services on a subscription basis. By subscribing to Pomoto, you agree to pay all charges to your account in accordance with the selected level of service, and the billing terms in effect when payment is due. Pomoto reserves the right to modify or add additional fees and billing terms, upon prior notice to the member on our website. Information about Pomoto's current subscription services and fees is available here. Pomoto may change the Services it offers at any time.
Unless you terminate your account prior to the end of each period, your subscription will renew automatically, and the PayPal account with which you have subscribed will send payment for the next period to Pomoto.
If you have cancelled your subscription or if PayPal is unable to process payment, your account will be terminated at the end of its current term.
Pomoto agrees to terminate your account at any time upon notice from you. Pomoto may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at Pomoto's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Pomoto, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Pomoto deems appropriate to enforce its rights and pursue all available remedies.
Upon your termination of your account, you will not recieve a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to Pomoto on your account, you will be liable for all attorneys' and collection agency fees.
If you are a resident of the European Union, you understand and agree that Pomoto stores and processes your information on computers located in the United States, and by providing any data to Pomoto, you consent to the transfer of such information to the United States.
You acknowledge and agree that Pomoto may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Pomoto, its employees, users and third parties, and the public.
When you visit the Pomoto website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Pomoto, or its subscribers who upload photographs or other media, or its content and software suppliers and is protected by United States and international copyright laws. Pomoto's selection, coordination and arrangement of all content on this site is the exclusive property of Pomoto, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services is the property of Pomoto or its software suppliers and is protected by United States and international copyright laws.
Pomoto grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Pomoto. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pomoto. Any unauthorized use terminates the permission or license granted by Pomoto.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Pomoto pages so long as the links do not portray Pomoto or its suppliers or their products or services in a false or misleading manner.
If you subscribe to Pomoto's hosting service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify Pomoto of any unauthorized use of your account or any other breach of security known to you.
Pomoto uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the Pomoto website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.
Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Pomoto reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
Pomoto does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). Pomoto will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the Pomoto site, you grant Pomoto a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.
You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that use of the Content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify Pomoto for all claims resulting from Content you supply. Pomoto has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that Pomoto takes no responsibility and assumes no liability for any Content posted by you or any third party.
Pomoto respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Pomoto's agent for notice of claims of copyright or other intellectual property infringement. Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Pomoto site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address;
- Your physical or electronic signature.
Pomoto's Agent will forward this information to the alleged infringer.
Pomoto makes no predefined definition of what is obscene. You may upload any content that is deemed legal under United States, German and local laws. However, Pomoto reserves the right to delete immediately and without notice any content which Pomoto deems as unsuitable for public display.
For normal uses of sharing with friends and family, Pomoto is an unlimited service. This mean you can upload as many photos as you like. Likewise, there are no limits on the number of times your site can be visited.
However, we do reserve the right do remove any galleries that we deem abusive. An example of abuse would be using Pomoto as a hosting platform for high-traffic, commercial pornography. Removing a gallery is a last resort, and we will take every action possible to communicate and work out a solution with you if we find your usage to be abusive.
If you have more specific questions about usage, please do not hesitate to contact us directly.
THIS SITE IS PROVIDED BY Pomoto ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pomoto MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Pomoto DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, Pomoto DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Pomoto ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL Pomoto BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE Pomoto WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Pomoto WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE Pomoto WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Pomoto WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Pomoto CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Pomoto, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Service or violation of any representations or warranties contained in these Terms. You also agrees to hold Pomoto harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on Pomoto.
By visiting Pomoto.com, you agree that the laws of Germany, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Pomoto.
It is possible that as we continue to develop our website and our business, Pomoto's Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Pomoto may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
We reserve the right to make changes to our site, policies, and these Terms of Service at any time. Should you object to any terms and conditions of these Terms of Service or any subsequent modifications thereto or become dissatisfied with Pomoto in any way, your only recourse is to immediately: (1) discontinue use of Pomoto and (2) terminate your Pomoto subscription. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.