PhotoScramble.com is owned and operated by Wedding Details, Inc. ("the Company" or “we” or “us”). We provide services under certain terms and conditions that we call Terms of Service ("Terms"). We may update these from time to time, without notice to you. It is your duty to check these when you use the site to insure that you comply with the current Terms. There may be other rules, terms, and conditions posted throughout the site which you will be required to observe.
1. ELIGIBILITY TO USE SITE. By using this site you certify that you are 16 years of age or older, or you are between the ages of 13-16 and you have parental consent to use PhotoScramble, you agree that any information that you provide to us (or others through this site) is true, accurate, current and complete information, and you agree to maintain and promptly update the your data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.
2. WHAT WE DO. We currently provide users with photo contest resources (herein the "Service"). In particular, we enable hosts to sponsor a photo contest, participants to enter such photo contest, and users to vote for the photo contest winner(s). We assume no responsibility for information posted on this site originated by others, including, but not limited to hosts/sponsors, participants, users and advertisers. You are responsible for any and all costs associated with accessing this site; however, no purchase is necessary to participate in a contest and a purchase will not increase your chances of winning should you indeed participate. We do not screen postings and have no way of independently verifying the information or photos posted by a user on our site. Please be aware that this site may contain adult or mature content.
This Service allows third-parties to host photo contests and related activities (“Contest Hosts”). This Service also allows third-parties to upload and display photographs, graphics and other digital information (“Media”) into contests run and operated by Contest Hosts (“Contestants”). This Service also allows third-parties to vote (“Voters”) for particular photos, which may or may not require we collect payment or donation of monetary funds.
This Service also allows Contestants and/or Contest Hosts to use third party printing services to Print Media. This Service also allows Contestants and/or Contest Hosts to offer their Digital Media for sale to the general public. This Service offers related and unrelated services to the above, and such Service is subject to change from time to time.
3. CLAIMS OF COPYRIGHT INFRINGEMENT. We have adopted and comply with the Digital Millennium Copyright Act (DMCA) and its safe harbor requirements. This policy provides for the removal of material that is determined to be in violation of the Act and the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to the DMCA, notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:
Wedding Details, Inc. d/b/a PhotoScramble.com
Attn: Michael Smith
10850 E Traverse Hwy, Ste 2225, Traverse City, MI 49684.
Telephone Number: 231.932.0855
Facsimile Number: 888.503.7620
E-Mail Address: email@example.com
To be effective, the DMCA requires that a takedown notification must be a written communication that includes the following: (1) A physical or electronic signature; (2) Identification of the copyrighted work; (3) Identification of the allegedly infringing material and information reasonably sufficient to permit Company to locate the material; (4) Information reasonably sufficient to permit Company to contact the complaining party; (5) Statement that complaining party had a good faith belief that use of the material is not authorized by law; and (6) Statement that the notification is accurate under penalty of perjury. Please be aware that Company may be required to reinstate the removed materials if a counter-notice is received. Company will take all steps required to comply with the DMCA requirements. If you have additional questions about the DMCA or other copyright questions, please consult with your own advisors.
4. YOUR OBLIGATIONS. All users of the Service are subject to these Terms, including without limitation Contest Hosts, Contestants, and Voters.
a. CONTEST HOSTS. For Contest Hosts, payment terms are those listed on the web site. There are no refunds for use of the Service after payment is received. Contest Host is fully responsible for complying with these Terms and for complying with any and all laws, including without limitation contest laws, that may apply. Contest Host is required to create all contest rules and guidelines which will apply to their Contest, including, without limitation, securing copyright licenses between Contest Host and Contestant or any other user uploading or submitting content to the contest. It is further the Contest Hosts’ sole responsibility to determine the official rules (“Official Rules”) for each contest and disclose any all all information related to the payment of, collection of, handling of, and tax implications and consequences, including without limitation charitable donations, of any payment or donation of monetary funds. All contest agreements, contracts and their respective rights are strictly between the Contest Host and the Contestant. Contest Hosts and Contestants agree that any disputes arising between them related to the Services will be handled and resolved between them, without including or naming the Company, its employees, agents, contractors, vendors, successors or assigns or any related company as a party to any proceeding, lawsuit, arbitration or other dispute resolution scheme.
Contest Hosts further agree not to re-sell opted-in email addresses to ANY third party service obtained from Contestents or Voters. In the event that email addresses are resold without the permission of Contestents or Voters, you could be subject to penalty by law and Company reserves the right to terminate your account without refund. You agree to only use these emails in such a way that the Contestents or Voters have agreed to, and only for the particular type of service that Contenstent or Voter has opted-in for. You also agree that Company is not liable for any legal action that may be taken by a Contestent or Voter in the event that you use the email in any other way that was not agreed to by the Contenstent or Voter obtained via opt-in.
b. CONTESTANTS. Contestants who enter a contest by submitting a photo warrant and represent that: (a) you own all rights to the photo, including, without limitation, the right to reproduce, adapt, publish, and display; (b) to the extent the photo depicts any individual, you are the individual pictured, or alternatively, that you have obtained permission, in writing, from each person appearing in the photo to grant the rights to Company and/or Contest Host; and (c) the photo complies with all requirements of the Official Rules, as set forth by Contest Host.
c. VOTERS. Voters shall personally vote for a photo in a contest in a legitimate way and not use improper means to automate or otherwise fraudulently submit votes. Voters understand and agree that they are solely responsible for any and all payments or donations to and through Contest Hosts. Voters expressly understand and agree that Company’s Services may include, and/or third parties may provide services related to, the processing of such payment or donation, and that Company or third-party service providers may earn a fee for providing the same.
5. YOUR ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account, and you are responsible for all activities that occur under your account. You agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely liable for any loss or damage arising from your failure to comply with this Section and Terms of this Agreement.
6. YOUR CONDUCT. You understand that we do not provide all the information on the site and that all publicly posted or privately transmitted information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Services and this site. Since we do not control the Content posted on the site or sent to you from information gleaned from the site, we cannot and will not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to NOT use the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant: a. that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable; b. that you will not harm minors in any way; c. that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. that you will not forge headers or otherwise manipulate identifiers in order e. disguise the origin of any Content transmitted through the Service; f. that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); g. that you will not upload, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, or other proprietary rights ("Rights") of any party; h. that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; i. that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; j. that you will not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; k. that you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; l. that you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. law or treaty, any rules of any national or soveriegn and any regulations having the force of law; m. that you will not "stalk" or otherwise harass another; or n. that you will not collect or store personal data about other users. You acknowledge that we do not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the site. We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on this site could gain access to it.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE. We DO NOT OWN any of the Content submitted by our users and you are NOT TRANSFERRING TO US any copyright ownership in your content. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free, irrevocable, perpetual and non-exclusive license(s) only for use in DISPLAY, PROMOTION AND MARKETING our property(s): With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, edit, modify, adapt, publicly perform and publicly display such Content and the right to sublicense the Content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license grant is from you to Company and does not pertain to any license between Contest Host and Contestant, Voter, or any other third party, which remains the sole responsibility of the Contest Host consistent with Paragraph 4 above.
9. INDEMNITY. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available to us.
10. NO RESALE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including Content.
11. GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it. We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE. We have the right to modify or discontinue this service at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION. We may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.
14. DEALINGS WITH ADVERTISERS. Your dealings with advertisers found on or through our site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.
15. LINKS. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the content or functionality of such sites. Furthermore, the existence of a link on our site does not imply an endorsement of that site, the owners or content thereon. You agree to be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
16. OUR PROPRIETARY RIGHTS. You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the anything found on our site.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW): a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY ACTIONS OR INACTIONS OF CONTEST HOSTS, CONTESTANTS, OR VOTERS, INCLUDING, BUT NOT LIMITED TO, CONTEST HOSTS FAILURE TO AWARD A PRIZE.
19. NOTICE. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION. PHOTO SCRAMBLE (Reg. No. 3800862), PhotoScramble.com, the PhotoScramble.com logo, and all other registered and common law trademarks and service marks, along with other logos and marks on the website, are the property of, or licensed to, the Company (the "PhotoScramble.com Marks"). Without the Company's prior written permission, you agree not to display or use in any manner, the PhotoScramble.com Marks.
21. GENERAL INFORMATION. These Terms constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You also may be subject to additional terms and conditions provided by Contest Hosts that may apply when you use the Service. These Terms and the relationship between you and the Company shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Grand Traverse County, State of Michigan. You acknowledge that the Company shall have the right to take legal action against you if your actions violate the Terms and such violation results in damage to the Company or any of its affiliates. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
22. VIOLATIONS. Please report any violations of the Terms to our customer support team by using our Contact Us link at the bottom of this page.
23. JURISDICTIONAL AND VENUE ISSUES. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed, and that venue properly lies, only in the State of Michigan, and you hereby consent and submit to the personal jurisdiction of such state or federal courts located therein, consistent with Paragraph 21, for the purposes of litigating any such action. We make no representation that the Service is appropriate or available for use in any particular location.