ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY THE COLLAGEBERRY WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH COLLAGEBERRY AND USE OF THE SERVICES PROVIDED THROUGH THE COLLAGEBERRY WEBSITE. YOU ARE HERERBY ASKED TO ACCEPT THESE TERMS OF SERVICE AND MAY USE THE SERVICES PROVIDED THROUGH THE COLLAGEBERRY WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE COLLAGEBERRY WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE COLLAGEBERRY WEBSITE, OR SERVICES.
Acceptance of Terms of Service
These Terms of Service (the “TOS,” or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“You,” “Your,” or “User,”) and CollageBerry, Inc., a company organized under the laws of the Commonwealth of Virginia (“CollageBerry,”) regarding use of this website (the “Website”) and the Services, as defined below. CollageBerry makes available this website, located at https://www.collageberry.com/ (the “Website,”) including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, (collectively, the “Services”) available for Your use subject to the Terms of Service as set forth in this document. By accessing and using the CollageBerry Website and Services You agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If You do NOT agree to all these terms and conditions contained in these Terms of Service You should NOT use this Website, or CollageBerry’s Services. If You do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website, or Services, then You should NOT use the part of the Website, and should NOT use the Services which contain such Content or through which such transactions may be concluded. Also, when You use any current or future CollageBerry Services or visit the Website or the website of CollageBerry’s partners or affiliates, or obtain any products or services therefrom, whether free of charge or for payment, You will be subject to the guidelines and conditions applicable to such products or services, and not those of CollageBerry.
These Terms of Service may be amended by CollageBerry by displaying such changes on its Website. If You continue to use the Website after the changes have been posted for thirty (30) days, You will be considered to have accepted the changes. Also specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service, or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service. Please check these Terms of Service regularly to ensure that You are aware of all terms governing Your use of the CollageBerry Website and Services.
CollageBerry reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. CollageBerry also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever at its sole discretion.
The following restrictions and conditions apply to the use of Service and creating and maintaining the Account:
a. You shall not create an account in connection with the Service (an “Account”), or access Service if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
c. You shall not create an Account or use Service if you are a convicted sex offender;
You shall not use Service if
you are located in a country embargoed by the
e. Unless otherwise agreed to by CollageBerry, You shall use your Account only for non-commercial purposes;
f. Unless otherwise agreed to by CollageBerry in writing, you shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to any other user or third party;
g. You shall not have an Account or use Service if you have previously been removed by CollageBerry or previously have been banned from using any of CollageBerry’s Services or use of other CollageBerry products;
h. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without CollageBerry’s written permission;
i. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without CollageBerry’s consent;
j. You shall not use your Account to engage in any illegal conduct; and
k. You shall not create multiple Accounts linked to the same individual, by means of, including, without limitation, linking separate Accounts to multiple email address controlled by the same individual to circumvent CollageBerry’s verification procedure.
Notwithstanding the foregoing, CollageBerry may refuse to provide Services to any person for any reason or no reason whatsoever. Specifically, if you create numerous non-downloadable free collages, CollageBerry may refuse or abridge your future ability to create online non-downloadable collages, or even deactivate your Account.
You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.
During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify CollageBerry and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are solely responsible for any unauthorized use of your Account.
CollageBerry reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party’s rights.
Description of Services
Services provided through the Website include providing products and services relating to photo collages or picture mosaics made from users’ pictures or stock photographs.
Use of Credits and Coupons
CollageBerry allows You to create collages for free on the Website using Your images or those from CollageBerry’s collection of cell-images. Once You create a collage that You want to purchase, You must do so by using CollageBerry’s credits (“Credits”) under the conditions and prices set forth on the Website. Credits can be purchased using any payment method made available to You by CollageBerry from time to time. The Credits that You purchase will be credited to Your Account at the time of purchase and can be redeemed at any time following the purchase. Credits can also be bought with coupons (“Coupons”) and such Coupons will be redeemable at the time of purchase in the same manner as Credits.
CollageBerry makes no warranty or guarantee that You will be able to use Credits to purchase all the Services available on the Website. CollageBerry reserves the right to remove or amend the available payment methods at its sole discretion. CollageBerry further reserves the right to change the purchase price for Credits at any time and at its sole discretion, as well as the ways in which Credits can be used.
When You purchase Credits through the Website You will be entitled to a cancellation period (“Cancellation Period”) of ten (10) days during which time Your purchase price will be refunded, provided that You have not used any Services in any way, in which case the Cancellation Period will be extinguished and Your purchase of Credits will not be cancelled or refunded.
The Cancellation Period and refunds do not apply to services or products purchased via a third party partner of CollageBerry and CollageBerry will not provide refunds for purchases of services or products made through third party partners.
If You have a balance of unused Credits for the period of time set forth by Your state, country, or other governing body in its unclaimed property laws, or if You delete Your account and leave a balance of unused Credits, or if CollageBerry deactivates Your account and You do not meet any conditions set forth by CollageBerry necessary to reinstate it within six (6) months, CollageBerry may process Your balance in accordance with its legal obligations under Federal and state unclaimed property laws.
Warranties and Disclaimers
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COLLAGEBERRY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLAGEBERRY OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
The Website may contain references to specific CollageBerry Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such Services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services contained therein, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.
IN NO EVENT SHALL COLLAGEBERRY OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF COLLAGEBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST COLLAGEBERRY PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND PROVIDED TO COLLAGEBERRY IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.
YOU HEREBY WARRANT THAT: (i)
However, CollageBerry reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Materials that CollageBerry learns may be illegal, that violate or potentially violate third party rights, or that may violate the terms of these Terms of Service, although it has no obligation to do so. CollageBerry’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive CollageBerry’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation, and CollageBerry may remove in its sole and absolute discretion any and all content, whether posted by CollageBerry or by any of its users.
Any and all products downloaded or
purchased from this Website may be subject to
Use of the Services by You
You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that are provided by CollageBerry. You agree not to access or attempt to access any of the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
The term of these Terms of Service shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by CollageBerry by written notice. CollageBerry expressly reserves the right to change, suspend or discontinue the Services or portions thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this term will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of the term, You must immediately cease using the Website and the Services including without limitation any use of CollageBerry’s trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
This Website may provide links to other websites and/or third party products and services that are not under the control of CollageBerry (together, “Third Party Materials.”) CollageBerry shall not be responsible in any way for the content of such Third Party Materials. CollageBerry provides such links only for the convenience of the users of this Website, and the inclusion of any link to any Third Party Materials does not imply endorsement by CollageBerry of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Language of the Terms of Service
Where CollageBerry has provided You with a translation of the English language version of these Terms of Service into another language, You agree that the translation is provided for Your convenience only and that the English language versions of these Terms of Service will govern Your relationship with CollageBerry. If there is any contradiction between the English language version of these Terms of Service and the translation, the English language version shall control.
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and the Services shall rest with CollageBerry and/or its licensors. Unless otherwise specifically provided herein or authorized by CollageBerry in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, the Website, or the Services provided therein.
CollageBerry hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. CollageBerry disclaims any proprietary interests in the intellectual property rights other than their own.
Notice and Procedure for Making Claims of Copyright and Trademark Infringement
It is CollageBerry’s policy to
respond to notices of alleged copyright infringement that comply with applicable
international intellectual property law (including, in the
CollageBerry’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name: Dmitri Dubograev, Esq.
CollageBerry recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to us at email@example.com While we do not adjudicate disputes between parties, we will make every good faith effort to properly address the content You believe is infringing on Your trademark, including removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, we may require proof from You, such as, for example a trademark registration certificate from the U.S. Patent and Trademark Office or a court order finding trademark infringement. Some services or products on the Website are created and operated by third party developers or service providers. As such, CollageBerry does not have the ability to control the content made available through these applications or services. If You believe the trademark infringement is being done by a third party service provider and not CollageBerry, we suggest contacting the third party directly with Your concerns. After contacting the third party service provider with Your concerns, please let us know if the alleged infringement persists.
Information and Materials Provided By You
CollageBerry Sponsored Content
From time to time CollageBerry may enter into partnerships with third-party service providers that may use Content in connection with commercial, sponsored, or related content, within the CollageBerry Website (such use referred to as “Sponsored Content.”) If any of Your personally identifiable information is used on CollageBerry’s Website for purposes of Sponsored Content, CollageBerry will notify You of this use and provide You the option to “opt-out” of having Your information used in this way. Also, You may choose to prevent all future use of Your User Materials for purposes of Sponsored Content within CollageBerry’s Website. If You are under the age of eighteen (18) or under any other legal age of majority, You represent that at least one of Your parents or legal guardians has also agreed to the terms of this section (and the use of Your name, username, profile picture, content, photograph, or other likeness) on Your behalf. Parents or legal guardians of minor children whose User Materials appear in CollageBerry’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s User Materials in this way. If You are unsure whether Your User Materials have been used as part of CollageBerry’s Sponsored Content and would like to find out, please contact us at firstname.lastname@example.org. CollageBerry will need to verify Your identify before responding to any requests so please be prepared to provide certain information such as Your username, password, or other information as requested by CollageBerry.
Software made available for downloading from or through this Website may be licensed subject to the terms of any applicable end user license agreements. Both the software and any accompanying documentation made available through this Website is the copyrighted work of CollageBerry. You must agree to the terms of the applicable end user license agreement prior to use of the software made available by CollageBerry through this Website.
Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by CollageBerry in writing, You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO
SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET
Without limiting the foregoing, CollageBerry makes no warranty that: the Services or products will meet Your requirements; the Services or products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Services, products, or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by You through the Website will meet Your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.
Unlawful or Prohibited Use
You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party’s use and enjoyment of this Website. You agree that You will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by CollageBerry to all users of this Website. You shall not institute, assist, or become involved in an attack upon any CollageBerry server or otherwise attempt to disrupt the CollageBerry servers. ANY ATTEMPT BY YOU TO DAMAGE COLLAGEBERRY SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF COLLAGEBERRY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, COLLAGEBERRY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless CollageBerry, its affiliates, officers, directors, agents, and employees, from and against any and all expense, loss, claim, damage, fine, penalty or liability, including without limitation all reasonable fees for attorneys and other professionals, resulting, whether directly or indirectly from Your violation of these Terms of Service , or payable under any judgment, verdict, court order or settlement, and to any and all extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service .
Linking to the Website
Linking to the Website is permitted provided that You comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that CollageBerry, or its partners or affiliates, endorse or sponsor the linker or its site, products or services. You must not use CollageBerry’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from CollageBerry. Furthermore, You agree to remove the link at any time upon CollageBerry’s request.
Ending Your Relationship with CollageBerry
These Terms of Service will continue to apply until terminated by either You or CollageBerry as set out in these Terms of Service. If You want to terminate Your legal agreement with CollageBerry, You may do so by: (a) notifying CollageBerry at any time and (b) closing Your accounts for all of the Services which You use. Your notice should be sent to email@example.com. CollageBerry reserves the right to terminate its legal agreement with You at its sole discretion.
CollageBerry may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without CollageBerry’s prior written consent, and any unauthorized assignment and delegation by You is void and ineffective.
Agreement to Deal Electronically
All transactions with or through the Website or CollageBerry may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
These Terms of Service shall be
governed by and construed in accordance with the laws of the
CollageBerry does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches the national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2013 CollageBerry, Inc. All rights reserved. This Website and accompanying Services, products and documentation are the copyrighted property of CollageBerry, Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. CollageBerry and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of CollageBerry, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the CollageBerry, Inc.’s or third party trademarks or logos without the prior written consent of CollageBerry, Inc. or the applicable trademark owner is strictly prohibited.