SHUTTERSONG TERMS OF SERVICE
Effective As Of July 1, 2015
These Terms of Service constitute an agreement ("Agreement") between our users ("you," "your," or "yourself") and Shuttersong Incorporated ("Shuttersong," "we," "us," or "our"). Please read the following Terms of Service carefully. By visiting or using the website located at www.shuttersong.com (the "Site"), our mobile application entitled Shuttersong (the "App") and/or our services (collectively with the Site and the App, the "Service"), you agree to the practices and policies set forth in these Terms of Service (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the Services.
While we may make these Terms of Service available in other languages, the English text is the sole version for any legal or regulatory matters.
Shuttersong may change these Terms of Service from time to time, so you should review them periodically. You can review the most current version of these Terms of Service at any time at the Site (www.shuttersong.com/terms). Your continued use of the Service after you have been provided with appropriate notice of any changes (which notice may include posting to the Site) constitutes your acceptance of the modified Agreement. This Agreement will continue until terminated by either you or us, or modified or amended by us.
There may be times when we offer a special feature that has its own terms and conditions that apply in lieu of or in addition to these Terms of Service. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Service.
- You must be at least 13 years old to use the Service. Children under the age of 13 cannot use the Service in compliance with the United States Child Online Protection and Privacy Act (COPPA). We impose this restriction on a worldwide basis.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Shuttersong prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Shuttersong upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Shuttersong users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, comments, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Shuttersong.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (also referred to as "spam") to any Shuttersong users.
- You must not use domain names or web URLs in your username without prior written consent from Shuttersong.
- You agree that you will not use any robot, spider, scraper or other automatic device, process or means to access the Site or the App for any purpose, including, but not limited to the automatic creation of accounts, collecting or distributing the URLs to stored content that belongs to other users, creating an ability to search our files, or creating unwanted commercial or harassing communications.
- You agree that you will not take any action that imposes or may impose (in Shuttersong's sole discretion) an unreasonable or disproportionately large load on our infrastructure. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Shuttersong is rendered or displayed in a user's browser or device.
- You may not reverse engineer or decompile the Shuttersong software to create or distribute Shuttersong images by any other means.
You are responsible for any activity that occurs through your account, and you also represent that all information you provide or provided to Shuttersong upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. If your privilege to access the Service has previously been terminated by Shuttersong you may not register for an account.
We prohibit the creation of, and you agree that you will not, create an account for anyone other than yourself. No one else is authorized to access the Service using your user name and password, whether you provided them with that information freely or not, and you are solely responsible for preventing such unauthorized use. Please notify us immediately if you become aware that your account is being used without authorization by sending us an email from your registered email to email@example.com.
Commercial, artistic, journalistic or political users of Shuttersong must register for “verified” account status to use the Service for non-consumer use and to have access to their trademarked usernames. To learn more email us at firstname.lastname@example.org.
Your User Content
The Service enables you to create digital photo images that contain a recorded audio track ("Shuttersongs" and together with all data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials incorporated therein, "User Content"), to upload and store them on servers owned and/or utilized by Shuttersong, and to share your User Content with others either directly through the Site or the App or indirectly through Third Party Services (such as Facebook). You agree not to upload, store, or share any User Content, whether through the Service or any Third Party Services, that:
- Contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- Constitutes, promotes or encourages illegal acts, self-injury, the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
- Has the effect of defaming, stalking, bullying, abusing, harassing, threatening, impersonating or intimidating people.
- Discloses any personal identifying information relating to or images of a Minor;
- Harms or is inappropriate for Minors to view;
- Contains nudity or mature content of any kind;
- Is not otherwise in compliance with these Terms of Service or with any applicable local, state, national or international law, rule, guideline or regulation. Shuttersong reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to store or share, or remove in its entirety, any User Content that Shuttersong believes, in its absolute and sole discretion, may violate any of the above. If your User Content violates these Terms of Service, you may bear legal responsibility for that User Content.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
Service Continuity and Content Storage
Although it is Shuttersong's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Shuttersong reserves the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by Shuttersong, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Shuttersong encourages you to maintain your own backup of your User Content. In other words, Shuttersong is not a backup service and you agree that you will not rely on the Service for the purposes of User Content backup or storage. Shuttersong will not be liable to you for any modification, suspension, or discontinuation of the Service or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
Representations and Warranties
Each time you upload User Content through the Service, you represent and warrant that you have the right to upload such User Content, which means (a) you are the author of the User Content, or (b) the User Content is not protected by copyright law, or (c) you have express permission from the copyright owner to upload the User Content through the Services. You also represent and warrant that the User Content you upload does not violate these Terms of Service.
Deletion of Content
You can request that we delete a Shuttersong that has been uploaded and stored by us to prevent further viewing from our infrastructure. If the Shuttersong was created by you, all that you need to do is open the application, select your profile, select the image you want deleted and tap the ellipsis icon (…) followed by Delete. This will delete all instances of this image on our infrastructure. If someone else created the Shuttersong you can report the image. Select the image you want deleted and tap the ellipsis icon (…) followed by Report/Flag. Keep in mind, however, that once User Content is posted to a Third Party Service, it is impossible for Shuttersong to remove or block that User Content.
It is your choice to share your Shuttersongs through the Site or post your Shuttersongs to a Third Party Service (such as Facebook or Twitter) and you are solely responsible for the User Content you share or post. In certain limited circumstances, Shuttersong may use commercially reasonable best efforts to remove or block User Content from a Third Party Service. Such circumstances may include situations in which the User Content is inappropriate, harassing, bullying, hateful or illegal. While we will use our commercially reasonable best efforts, we cannot guarantee that we can disable the User Content in a timely manner or at all. Keep in mind that once User Content is posted or shared on the Site or through a Third Party Service, it may be copied, distributed or otherwise exploited by other users or third parties, and may be impossible to block or remove. As between you and Shuttersong, you shall be solely responsible for, and Shuttersong shall not be liable with respect to, any such use of your User Content.
Cancellation, Termination, and Expiration of Account or Service
You may cancel or terminate your password, account and/or use of the Service, with or without cause at any time. You can deactivate your account by sending an email to email@example.com and placing “Cancel” the subject line.
Shuttersong reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Service or any component. Shuttersong also reserves the right, in its sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your password, account, and/or use of the Service for any reason whatsoever.
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of the Service, your right to use your account or the Service immediately ceases, you will have no right to any User Content stored through the Service, and Shuttersong may temporarily or permanently block access to, remove, deactivate, delete, and discard all such User Content contained therein. Shuttersong accepts no liability for removed or deleted User Content. You agree that Shuttersong shall not be liable to you or any third-party for any termination of your access to the Service.
Additional Services; Fees
There may be times when Shuttersong offers a special feature that has its own terms and conditions that apply in lieu of or in addition to these Terms of Service, which special terms and conditions may include, without limitation, revised or additional fees. In such cases, Shuttersong will provide you with the opportunity to review such terms and conditions prior to your use of the feature, and such terms will control to the extent there is a conflict with these Terms of Service. In addition, Shuttersong reserves the right to impose or modify fees for certain features offered by Shuttersong now or in the future. In the event that Shuttersong elects to impose and/or modify such fees, Shuttersong will provide reasonable notice of the new or revised fees to you, and any use or continued use of any fee-based feature by you thereafter shall be subject to such new or revised fees.
Shuttersong includes functionality that enables you to purchase additional services, or licenses to additional functionality or content for use within the Shuttersong application. Unless otherwise indicated, these In-App Purchases cannot be transferred among devices, however in the event that a device is damaged or replaced, the In App-Purchases can be restored to the new device, provided it is registered to the same Shuttersong account. Once a purchase has been completed it cannot be cancelled and Shuttersong is not obligated to issue any refunds.
In-App Purchases are completed through a third-party service such as Apple iTunes, and must be authenticated separately from authentication to access the Shuttersong application. All In-App Purchases are subject to the third party service’s terms and conditions. Parents can turn off the ability to make In-App Purchases by setting restrictions on their child’s device.
Shuttersong’s In-App store operates on a credit balance basis. To make a purchase you buy credits that can be applied to any content in the store, now or in the future. If you purchase more credits than you need to make a purchase, those credits will be held in your account until used. Credits do not expire. We reserve the right to issue refunds of credits at our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future.
Any content purchased through the Service is for your personal use and for sharing through third-party services on a non-commercial basis. Any commercial use of the In-App purchased content is strictly prohibited.
You cannot use the Service if you are under 13 years of age. We impose this restriction on a worldwide basis. Pursuant to 47 U.S.C. Section 230 et seq, as amended, Shuttersong hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting material that is harmful to Minors. Information indentifying current providers of such protections is available at the web site America Links Up (http://kids.getnetwise.org/americalinksup/index2.html).
Third Party Services
Third Party Services that are available to you are not under the control of Shuttersong, and we are not responsible for the actions or inactions of the operators or your use of such Third Party Services. The terms of service and practices of those Third Party Services will likely be different from ours.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Shuttersong does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Shuttersong is in no way responsible or liable for any such third-party services or features. If you decide to access any of the Third Party Services, you do so entirely at your own risk.
YOU AGREE THAT IN NO EVENT SHALL SHUTTERSONG OR ANY SHUTTERSONG AFFILIATE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF SUCH THIRD PARTY SERVICES. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Shuttersong has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Shuttersong Parties harmless for activity related to the Application.
Feedback and Suggestions
While we welcome your feedback on our application (both positive and negative) it is Shuttersong’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Shuttersong does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Shuttersong is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
THE MATERIALS AND CONTENT CONTAINED IN THE SITE AND THE APP, AND THE SERVICE PROVIDED BY SHUTTERSONG, ARE PROVIDED "AS IS." SHUTTERSONG, THROUGH AND TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE "SHUTTERSONG AFFILIATES" AND EACH, A "SHUTTERSONG AFFILIATE") MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICE WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE SHUTTERSONG PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY SHUTTERSONG AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY SHUTTERSONG AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF THE SERVICE BY SHUTTERSONG.
YOU AND SHUTTERSONG AGREE THAT THIS SECTION, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SHUTTERSONG. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SHUTTERSONG WOULD NOT PROVIDE THE SERVICE TO YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SHUTTERSONG AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICE, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY SHUTTERSONG AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Ownership of the Site, the App and Shuttersong Content
This Site, the App, and all information and materials available on the Site and/or the App, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics but not including any User Content, is the property of Shuttersong and/or its licensors and is protected by copyright, trademark, patent, trade secret or other laws. Nothing contained on the Site or the App should be construed as granting you, by implication or otherwise, any license or right to use any of the information or materials available on the Site and/or the App without the written permission of the party that owns such information or materials, whether it be Shuttersong or a third party.
Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Massachusetts state or federal court. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any User Content or other material hosted by the Site infringes your copyright, you (or your agent) may send Shuttersong a notice requesting that such User Content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Shuttersong to locate the User Content or other material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the User Content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Shuttersong a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to Shuttersong by email to DMCA@shuttersong.com or by regular mail at 41 Sawyer Road Wellesley, MA 02481. We reserve the right to terminate the account of any user who we believe has infringed the rights of others under United States copyright law.
Please note that you may be liable for damages (including attorney’s fees and other costs) if you misrepresent a claim that User Content or other material is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third party for publication and annotation.
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Shuttersong (including the Site, the App and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between Shuttersong and you with respect to your use of the Site, the App, and the Service, and it supersedes all prior or contemporaneous communications and proposals between Shuttersong and you with respect thereto. Any failure by Shuttersong to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Shuttersong to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Instagram provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.