Terms of Service

Last modified and effective as of April 26, 2018

TERMS OF USE FOR MYPHOTOFAST.COM / BOSQUARES (“WEBSITE(S)”)

  • 1.0 General Terms of Use
  • 2.0 Additional Terms – UGC
  • 3.0 Additional Terms – Posting
  • 4.0 Additional Terms – Chat Rooms
  • 5.0 Additional Terms – Users under 13 years of age

1.0 General Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY, AND THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

These terms and conditions are our “Terms of Use” and represent a legally binding agreement between you and us regarding your use of this Website. These Terms of Use, however, are not the only terms and conditions that apply to you and your legal agreement with us. These Terms of Use includes our Privacy Policy and other terms and conditions that we refer to in these Terms of Use or our Privacy Policy or those that we disclose or notify you when you use or attempt to use some of the features and functions that may be available to you as a user of this Website (“Additional Terms”). This Website include all web pages within the Website and also include backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on this Website, individually and/or collectively as “Content” and when we use the term “Website” it also included Content unless we specifically say otherwise.

MYPHOTOFAST.COM / BOSQUARES, its sponsors, suppliers, agencies, and affiliates, including Futures Without Violence and The Advertising Council, may also be referred to individually and/or collectively as “we”, “us” or “our” and we will refer to users of this Website, our features, functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier.

When you see the word “use” or “using” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through this Website, for any purpose, or if you try to do any of these things.

If you use this Website you are acknowledging you have read and understand the legal agreement you have with us, including these Terms of Use, our Privacy Policy and any Additional Terms and that unless you immediately stop using or trying to use this Website, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use.

WE CAN CHANGE THIS WEBSITE AND OUR TERMS OF USE

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete or modify any or all the terms of the Terms of Use that apply to you, as well as this Website and/or any Content. We will post or display a notice of material changes to any of our Terms of Use on this Website and once we post them, these changes on the effective date specified. If you use this Website after the changes become effective, it means you are agreeing to be bound by the changes. You should check on a regular and frequent basis and review the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.

PRIVACY

We respect your privacy. Our Privacy Policy is incorporated into and forms a part of these Terms of Use and part of our agreement with you. Read it carefully since it describes, among other things, how we collect and use information we obtain when you use this Website.

WHO OWNS THE INTELLECTUAL PROPERTY AND OTHER CONTENT RIGHTS

This Website and, except as described below, all Content, is either our property or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when we use “Content” it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, ‘look and feel’ and arrangement of items and all copyrightable or otherwise legally protectable elements of this Website.

You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms of Use do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or this Website, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us such license. If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.

You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

LINKS TO OTHER SITES

If you see or use any links or conduits on this Website which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, that does not mean we are associated with or have endorsed, reviewed or even know anything about that site or page and we have no obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside this Website, even if a link on our site allowed you to do so. When you leave this Website, you should inquire and confirm from them the terms and conditions, privacy and other policies that apply to you since we neither control, nor have any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another web site or web page has our name, logo or other identification normally associated with us, it may or may not be authorized and you should not assume it is our Website, unless it actually says so and the terms of use that apply to you are these Terms of Use.

ANY LIABILITY WE MAY HAVE IS LIMITED

THIS WEBSITE AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE ANY WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF THIS WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THIS WEBSITE, CONTENT, THESE TERMS OF USE AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

YOU ARE INDEMNIFYING US OF YOUR BREACH

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

WHAT LAW APPLIES?

Our Terms of Use shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

MISCELLANEOUS

Our Terms of Use, together with our Privacy Policy and any Additional Terms that apply to you are incorporated by reference and are part of our Terms of Use as if they were right here. Our Terms of Use is the entire agreement you have with us regarding this Website, Content and other subject matter set forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter.

If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms of Use, including our Privacy Policy, any Additional Terms, this Website, Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

Our Terms of Use can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of the Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to this Terms of Use, including our Privacy Policy, any Additional Terms, this Website, Content or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

2.0 ADDITIONAL TERMS – UGC

These Additional Terms form a part of our Terms of Use and apply to Posting of UGC (as defined below) using this App. “Post” and “Posting” includes Content that is generated, developed, created and uploaded or submitted to this App by you or by someone under your User ID. The following additional provisions apply to content that you create and Post to our App or share with other users through Posting or other facilities we provide. We will refer to that type of Content as “user generated Content” or “UGC”.

YOU GIVE US SOME RIGHTS, BUT UGC IS YOUR RESPONSIBILITY

When you Post UGC you grant us an irrevocable, unconditional, worldwide, royalty-free right and license to use, distribute, modify, adapt and publicly display the UGC you Post, on or in connection with this Website and we can use it to create compilations, adaptations and derivative works. You also understand and agree that other users and third parties, may be able to obtain copies of UGC you Post and that we cannot and do not control them or what they may do or attempt to do with UGC you Post. Consequently, we cannot and do not accept or have any liability or obligations to you with respect to any UGC you Post and you do so at your own risk.

We do, of course, expect all our users to respect the rights of others and if you believe your right or anyone else’s rights are being violated or infringed upon or someone is not complying with our Terms of Use or is violating the law, you should notify us immediately. To report alleged copyright infringement in the United States only, please go to the Section entitled Notice and Procedure for Making Claims of Copyright Infringement included in the Additional Terms – Posting, that are part of our Terms of Use and follow the instructions. Subject to compliance with our legal and regulatory obligations, we reserve the right to take or refrain from taking any action available to us.

3.0 ADDITIONAL TERMS – POSTING

These Additional Terms form a part of our Terms of Use and apply to Posting (as defined below).

POSTING

This Website may provide Registered Users of Facebook with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display Content to us and/or to other users (referred to as a “Post” or “Posting”). Sometimes we provide specific areas on this Website where you can Post information about yourself and others, communicate or upload Content such as photographs or audio-visual works. Posting includes not just Content in the form of files or material you upload to this Website, but also any messages or information you may send in the form of emails, text, SMS, and instant messages (IM), comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums and similar areas of this Website where you may be exchanging information and communicating with others. You should understand we intend the terms “Post” and “Posting” and any variations of these words to be construed as broadly as possible and when we use the term “Content” it includes all of these things and anything else you might Post.

You acknowledge and agree when you Post something, it enters the public domain without reservation of any rights by you or control over its subsequent use. Postings are not only viewable publicly, but others may collect and use what you Post. For example, if you Post your telephone number or your email address, you may receive unwanted calls or unsolicited messages. You agree you will not Post Content that is subject to any copyright, trademark or other intellectual property protections or proprietary rights, including any rights of confidentiality, privacy or publicity, unless you are the owner of such rights or a licensee or authorized agent with permission from the owner to make such Post. Each time you Post, you are representing to us that the Content you Post is in compliance with the preceding sentence and that the act of Posting, as well as the Content you Post, is not in violation of any laws or regulations or any obligations or agreements you may have, including our Terms of Use.

WE CAN USE YOUR POSTINGS

You authorize us to use your Post, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content of any kind or nature and in any manner of our choosing, without notice or attribution. You have no right to require and we have no obligation to pay any fees, charges or royalties for our use or exploitation of your Post and we reserve the right to delete your Posting at any time and in any manner we choose.

DON’T POST PERSONAL INFORMATION

You should never Post Personal Information because, as we note above, anything you Post or that is Posted through the use of your User ID (e.g., if you allow others to use your User ID or you fail to protect the confidentiality of your User ID) may be seen and obtained by others and is or may become publicly available. Postings on this Website may appear on other websites or when someone uses search technology looking for subjects related to or about a Posting. Never assume what you Post will be kept confidential or that other users or third parties will not be able to see or obtain access to your Posts. Neither you nor we can control who may see or obtain Posts. Nor do we control or know what they may do with Postings or for what purpose they may be used. While we ask you not to Post or share Personal Information, if you decide to do so anyway, we urge you to exercise discretion and caution, because you should always assume Personal Information you Post is and will become publicly available and you Post Personal Information at your own risk.

We should also point out that no communications, especially those over the Internet and using the facilities of the World Wide Web, including this Website, can be guaranteed to be secure, and at the risk of repetition, you should assume any Personal Information you share, whether by Posting or otherwise, may be seen and read (and possibly used) by others who you do not know and you do not intend to have it or use it.

BE HONEST, BUT BE CAREFUL

When Posting, you must provide accurate and truthful information about yourself and avoid, being deceitful or Posting false or misleading information, expressly or by implication or omission. If information you previously Posted becomes outdated or changes, it’s up to you to promptly correct the Post or Post a correction, to avoid misleading or being deceptive to others on this Website.

PROTECT YOUR USER ID

Postings made with your User ID are your responsibility, even if Postings are made by someone else. Your User ID is the way you are identified online and if someone else is using your User ID they may have access to information that you didn’t intend to publicly share, they may be able to make changes and take actions that appear to be you – whether you authorized them or not. If you know or suspect someone else is using your User ID or the security of your User ID may have been compromised, you must notify us at sales@myphotofast.com and Facebook immediately because unless and until we receive notice from you, you are responsible for Postings made with your User ID and you will defend and indemnify us (See the Section of our Terms of Use entitled “You Are Indemnifying Us”) for any such Postings.

WE AREN’T RESPONSIBLE FOR YOUR POSTINGS

We aren’t responsible, liable or accountable for Posts. We generally don’t control, monitor, screen or edit user Posts, although we reserve the right to do so and we may start, stop or decide to do so, for a particular reason or for no reason at all, at any time and from time to time in our sole discretion, without notice. We don’t endorse or support any particular opinion, recommendation, information, advice or anything contained in or that might be inferred from a Post. We certainly cannot and do not vouch for or guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on this Website. By providing you and others with the ability to Post, this Website is a passive conduit and we neither undertake nor accept any obligation or liability relating to any Posting or the activities of users.

Don’t send us or Post any original creative ideas, suggestions, information, materials or content of any kind that you wish to maintain as proprietary or confidential, because once you Post or send us anything, subject, of course to our Privacy Policy, we otherwise have an unrestricted right to use it and do anything with it, in any way and for any purpose, without obligation or restriction at all and we have no obligation to pay you or notify you or let anyone know we got it from you.

USERS CAN DISAGREE

Even though this Website allows you to interact, even if we have the capability to monitor your dealings with others; even if we find out about a dispute you are having with another user or third party, you are solely responsible for your interactions with others. We have no responsibility to monitor, resolve or get involved in any dispute or disagreement you have and although we reserve the right to do so, we don’t undertake or accept any liability, whether we do or not.

DON’T RELY ON POSTED CONTENT

Content that is Posted on this Website can never replace or substitute for professional financial, medical, legal or other advice from those you know and trust. While we don’t assume our users intentionally Post inaccurate, false or misleading Content, neither we nor you can ever check the qualifications of those who Post, nor is there any way to know if Postings are made for entertainment or other purposes. Certainly, no online user could ever possibly Post Content relevant to your own personal circumstances or situation and you should never rely on any Postings in making decisions or taking or failing to take specific actions, especially those that could have an effect on you or anyone else. If you have specific concerns or circumstances arise in which you need professional financial, medical or other guidance and advice, you should always consult with a trained and qualified specialist.

TERMINATION OF YOUR RIGHTS

If your Posting violates your agreement with us, including our Terms of Use, these or any other Additional Terms that apply, we can take any action permitted under these Terms of Use, at law or in equity. For example, we can: (i) refuse to allow you to Post; (ii) delete or modify your Postings; (iii) revoke your right to use this Website; and/or (iv) use any technological, legal, operational or other means available to enforce our rights.

GENERAL RULES THAT APPLY TO POSTING

You may never yourself, Post or use, allow or enable others to Post, use this Website or knowingly condone use of this Website to do or attempt to:

  • violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
  • engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive in a manner we or others might find inappropriate, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
  • impersonate any other person, firm or enterprise or any of our or their employees and agents;
  • use this Website for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful Content, or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website;
  • gain unauthorized use of this Website, other users’ accounts, User IDs, personally identifiable information or use this Website in any manner which violates or is inconsistent with the provisions or spirit of our Terms of Use or the law;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of this Website, Posts or any other rights or use and enjoyment of this Website by any other person, firm or enterprise;
  • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
  • engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
  • use this Website or any Content, including Posts, for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or other form of compensation or consideration or by linking with any other website or web pages.

COPYRIGHT INFRINGEMENT

If you believe that any Posting (or any Content on our Website) contains elements that infringe any copyright of yours or anyone else’s, we will act expeditiously to remove infringing Content when we receive notice, as described below, and we will use reasonable efforts to disable use of our Website by anyone who repeatedly infringes the rights of others. To notify us if you believe infringing Content is Posted on this Website, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.

THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:
Service Provider(s): Futures Without Violence
Full Address of Designated Agent to Which Notification Should be Sent
BO15, Inc. 1003 Liberty Industrial Dr, O'Fallon, MO 63366
Telephone Number of Designated Agent: (636) 272-0414
Email Address of Designated Agent: sales@bo15.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

POSTING GUIDELINES TO CONSIDER

DON’T BELIEVE EVERYTHING YOU SEE, HEAR OR READ

Opinions, advice, statements, offers and information are solely those of the authors or originators and you should NOT rely on them as accurate or truthful – we certainly don’t endorse them or have any responsibility for them. We don’t check Postings and there is no way for you to know (and you may never know) if Postings are for entertainment, information or otherwise.

IF YOU DON’T WANT THE WORLD TO KNOW, KEEP IT TO YOURSELF

Assume everything you Post will be seen by everyone – on or off this Website. If there is information you wouldn’t share with strangers or that might embarrass you or others, don’t Post it.

BE CAREFUL JOINING A COMMUNITY, CHAT ROOM OR FORUM

Appearances can be deceiving, especially online. Things are not always what they seem and users may not always be who they say they are.

DON’T LIE

Be truthful when you Post, but be wary of Postings from others. We want and hope everyone avoids being deceitful, but not everyone plays by the rules.

IF A POSTING IS OFFENSIVE, SAY SOMETHING

Always report offensive, harassing or other inappropriate Postings. If someone or something is making you uncomfortable in your interactions, report it immediately. Don’t assume someone else will.

DON’T POST PERSONAL INFORMATION; CONSIDER ANONYMOUS EMAIL

Don’t Post your real name, address, phone numbers or any personally identifiable information – anything that makes it easy for someone you don’t know (or who you may not want to know) to find you. For an added measure of safety, consider using a separate, anonymous e-mail address (which you can get from many third parties) specifically for Posting and interacting with others on this Website, rather than using your personal e-mail or account.

YOUR BEHAVIOR MATTERS

This Website gives you lots of control over what you Post and your online experience. You choose what to Post and share and what to do or not to do in our online environment. What you Post, how you behave and who you interact with has consequences and sharing information with someone else, may give them a degree of control – especially if you choose to interact, communicate or meet offline.

AVOID PROVOCATIVE OR OFFENSIVE USER AND CONTENT NAMES

Using sexually explicit, racial, ethnic, cultural or similarly offensive, provocative, shocking or inappropriate names and labels, attracts the wrong type of attention. You may want to be noticed, but keep in mind that you can control what you choose, you won’t know or control what others think, intend or choose to do as a consequence of your choices.

REPORT ABUSE

Block others who you believe or suspect is behaving in any way that makes you feel uncomfortable. As mentioned above, if offensive behavior, including Posting, is involved, you should report it to us.

4.0 ADDITIONAL TERMS – CHAT ROOMS

These Additional Terms form a part of our Terms of Use and apply to chat rooms, which we will use to refer to any technology we make available on or through this Website that allow or enable you to share information with a group of other users, whether in real time, through instant messaging or full online social environments and when we use the term “chat room” below it means and includes any and all features, functions or portions of this Website that provide that capability, in one form or another.

NO SUBSTITUTE FOR MEDICAL ADVICE

As noted in our Terms of Use, including our Additional Rules applicable to Posting, chat rooms are for exchanging information and communication with others who may have similar experiences, needs or interests, but chat rooms never are and are not meant to be a substitute for qualified professional healthcare advice or counseling.

Remember, everyone’s circumstances are different and what worked or did not work for one person may or may not work for you. You should never use a chat room to diagnose, treat, cure or as a reliable source of information to prevent any illness, disease, medical or other condition. Similarly, you should never change your current medical treatment, delay in seeking medical care or disregard professional medical advice based on a chat room. You should always consult a qualified healthcare professional and if and whenever you need a medical opinion, second opinion, a medical diagnosis, recommended treatment or other information, you should only rely on a qualified healthcare provider, not our or anyone else’s chat room.

NOT THERAPY OR CRISIS INTERVENTION

Our chat rooms are not a replacement for therapy or other professional counseling services. Chat rooms are also not the place to Post threats, hint or talk about taking your own life or harming yourself in any way. Chat rooms are for discussion and support, not for solving crisis situations. If you are experiencing a crisis call or need help urgently, call 911, another emergency hotline or seek emergency or other professional help immediately.

CLAIMS MAY NOT BE WHAT THE APPEAR TO BE

You are not permitted to claim to be a practicing mental health, licensed or unlicensed medical or healthcare professional in our chat rooms. We don’t screen participants in our chat rooms, so neither we nor you can verify, confirm or authenticate who a user is nor the accuracy, truthfulness or completeness of what is being Posted in a chat room.

We remind you that we are not responsible, nor do we have an obligation to monitor any user’s behavior, actions or Posting and under no circumstances shall we be liable for personal injury, emotional or mental distress or any damages resulting from your use of our chat rooms. We draw your attention to the section in our Terms of Use entitled “ANY LIABILITY WE MAY HAVE IS LIMITED.”

5.0 ADDITIONAL TERMS – Users under 13 years of age

This Website is offered and made available only to users 13 years of age or older and you must be at least 13 years old to use this Website. If you are not yet 13 years old, please discontinue using the Website immediately, do not attempt to register, use this Website or any of our Content, nor participate in any features, activities and services that require you to provide any Personal Information. Children under the age of 13 that are unknowingly registered on this Website are in violation of our Terms of Use.

Parents of children under the age of 13 have the right to immediately terminate or cancel their child’s use of our Website and the parent should notify us by contacting us at sales@myphotofast.com and provide verifiable identification that they are the child’s parent.

If we unknowingly send an electronic message to a child (a person under the age of 13 years) who has registered or provided us with Personal Information on the Website in violation of our Terms of Use, which includes these Additional Terms, or Personal Information is unknowingly collected in connection with a contest or sweepstakes from a child that attempts or actually does enter, in violation of our Terms of Use, the child or the child’s parent or legal guardian always has the right to delete Personal Information of the child, as well as opt out from receiving future communications. You may always use the opt out mechanism contained in any message we send you, or you can request deletion of your child’s Personal Information by contacting us at sales@myphotofast.com.

If a parent does not have his or her child’s user name or password, the parent will be required to send an email to our Privacy Administrator at sales@myphotofast.com that includes the parent’s name, address, telephone and email address, in addition to the child’s name and email address as captured by the Website, plus the child’s date of birth. We will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child’s account, registration, delete the child’s Personal Information and prevent further collection and use. The parent must confirm by sending a reply email to the designated return address. We will then terminate the child’s registration, participation or otherwise in connection with our Website and use all reasonable measure to block the child from providing us Personal Information in the future. We will notify the child of the parent’s termination request via email and will identify the name, address and email address of the person making the request.

Please see the section in our Privacy Policy entitled, “YOUR RIGHTS REGARDING PERSONAL INFORMATION” to obtain additional information about how information, including Personal Information and Content, may be changed or deleted.