Terms of Service

Last Modified: June 28, 2018


Thank you for using PhotosynQ! These Terms of Service ("Terms") covering your use of our software, instruments, website and services (the "Services"). The Services are provided by PhotosynQ LLC ("PhotosynQ"), located in Michigan, United States.

By using our Services, you are agreeing to these terms. Please read them carefully. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

PhotosynQ may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Additional terms may be available with the related Services provided by PhotosynQ, and those additional terms become part of your agreement with us if you use those Services.

General Conditions

  1. In order to use the Services offered by PhotosynQ you must be at least 13 years old.
  2. You may not use the Service for any illegal, unlawful, or unauthorized purpose. You agree to comply with all laws, rules and regulations, including any applicable federal, copyright, state, local, municipal and provincial law that may affect your use of the Service and your Content (defined below).
  3. You agree that you will not solicit, collect or use the login credentials of other PhotosynQ users.
  4. You agree not to collect any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses with your collected data.
  5. You agree not to send unwanted emails or comments ("spam") to any PhotosynQ users.
  6. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical, works of authorship, application, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  7. You are responsible for keeping your password secret and secure. This includes regularly updating your password in order to ensure the safety of your information.
  8. Your agree that you are responsible for all additional charges that might incur through the use of the Service.
  9. Any violation of these Terms of Service may, in PhotosynQ's sole discretion, result in termination of your PhotosynQ account without any prior notice of termination. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
  10. We reserve the right to refuse access to the Service to anyone for any reason at any time.

Software

Our Services allow you to download client software for your desktop computers and mobile devices, as well as firmware installed on instruments ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as PhotosynQ's other services.

Content

You agree that PhotosynQ is not responsible for, and does not endorse, Content posted within the Service. PhotosynQ does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content, and you will not hold PhotosynQ liable for any of your posted Content and indemnify PhotosynQ for any lawsuit against us as a result of your posted Content.

PhotosynQ reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by PhotosynQ, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, PhotosynQ encourages you to maintain your own backup of your Content. In other words, PhotosynQ is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. PhotosynQ will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.

Links

PhotosynQ has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PhotosynQ of the site. Use of any such linked website is at the user's own risk.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranties

Instruments sold by PhotosynQ have a limited warranty of 6 months. All prices shown exclude sales tax, shipping and handling. The Customer will be responsible for all import duties, tariffs, and charges.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Third Party Services

You expressly acknowledge and agree that PhotosynQ is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY AND AT YOUR OWN RISK.

Availability of Services and Security

Although it is PhotosynQ'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. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Data Ownership

PhotosynQ does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to PhotosynQ a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here https://photosynq.org/privacy, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy. If you desire for your content to be erased following termination, we will remove the personal data within a commercially reasonable time.

Confidentiality

Except as otherwise described in the Service's Privacy Policy, available at https://photosynq.org/privacy, as between you and PhotosynQ, any Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with PhotosynQ is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place PhotosynQ in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of PhotosynQ, and PhotosynQ will not be liable for any use or disclosure of any Content you provide.

Permitted use

Permission is granted to temporarily download one copy of the materials (information or software) on PhotosynQ's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on PhotosynQ's website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PhotosynQ at any time under its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Disclaimer

The materials on PhotosynQ's website are provided on an "AS IS" basis. PhotosynQ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, PhotosynQ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall PhotosynQ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on PhotosynQ's website, even if PhotosynQ or a PhotosynQ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on PhotosynQ website could include technical, typographical, or photographic errors. PhotosynQ does not warrant that any of the materials on its website are accurate, complete or current. PhotosynQ may make changes to the materials contained on its website at any time without notice. However, PhotosynQ does not make any commitment to update the materials.

Territorial Restrictions

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: (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) 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.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with PhotosynQ must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Contact Us

If you have any questions about these Terms, please contact us at support@photosynq.org.