Important facts you need to know about your Shareaflash photos:
- Shareaflash will never sell or share your photos or information to third parties.
- Photos added to Shareaflash are owned by 1) the User who uploads the photo to the Shareaflash Network (Album), and 2) the Administrator who created the Network (Album) the photo was uploaded to.
- Shareaflash does not claim ownership of your photos. However, we do have a license to collect, store, and display the photos back to you. That's what allows us to provide this service to you.
How does it work?
Within our Service, a Network is created by an Event Administrator ("Administrator"), who can invite additional Users to his or her Network. A Network is defined and can be found by a Friend ID and Album Code that gives you access to the users private Network. For example, the Friend ID "Jones78" and Album Code "birthday" will allow you to find and access Jones78 private Network.
By using our Service, you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials ("User Content"), to the Service and to share User Content with Networks of which you are a part.
Administrators that create their Network own all User Content that is posted to their Network. Users have ownership of the Content they personally create as well. Shareaflash does not own such User generated Content. The Service will never make your User Content within your Networks publicly searchable on the web; however, we cannot be held liable for the actions of other Users within your Networks.
1. INFORMATION WE COLLECT
Information you provide us directly:
Your username, password and e-mail address when you register for a Shareaflash account. You have the option to enter your first and last name on the profile page but is not required.
User Content (for example, photos, comments, likes, and other materials) that you post to the Service.
Communications between you and Shareaflash. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices).
Cookies and similar technologies:
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Shareaflash. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including likes, comments or other data. This makes your User Content more searchable by others and more interactive.
2. HOW WE USE YOUR INFORMATION
3. SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside Shareaflash (or the group of companies of which Shareaflash is a part) without your consent, except as noted in this Policy. Parties with whom we may share your information: We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content:
The User Content and Information you share with the Service is only viewable by other Users and Administrators within your Networks. However, we are not liable for Users or Administrators within your Networks who copy or save your Content to third parties. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Administrators, Users or third parties using the Shareaflash API have copied or saved that information.
Instances where we may be required to share your information:
4. HOW WE STORE YOUR INFORMATION
Your information collected through the Service may be stored and processed in the United States or any other country in which Shareaflash, a company in the same group of companies as Shareaflash or Service Providers, maintain facilities.
Shareaflash may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Shareaflash cannot ensure the security of any information you transmit to Shareaflash or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Shareaflash, at all times. Your privacy settings may also be affected by changes the social media services you connect to Shareaflash make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
You can update your account at any time by logging in and changing your information in the various setting pages...such as album settings and profile settings. If you have any questions about reviewing or modifying your account information, please contact us directly at email@example.com.
How long we keep your User Content:
Following termination or deactivation of your account, Shareaflash may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about termination or deactivation of your account, please contact us directly at firstname.lastname@example.org
6. CHILDREN'S PRIVACY
Shareaflash does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com
7. OTHER WEB SITES AND SERVICES
The Services that Shareaflash provides are always evolving and the form and nature of the Services that Shareaflash provides may change from time to time without prior notice to you. In addition, Shareaflash may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Content and Interactive Areas
Our site includes private community platforms ("Networks") in which you or other users may post, link, store or otherwise make available Content. You are solely responsible for your use of the Networks and you agree to use them at your own risk.
By accessing and joining any Networks, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our site any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce your Content;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
- Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the private Networks or our site.
We take no responsibility and assume no liability for any Content posted, stored or uploaded by you, other users, or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, Content or Third Party Content (as defined below) provided by users in any public forum or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted in any Network, we reserve the right, and have absolute discretion, to remove, screen or edit any Content posted or stored on our site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any Content you post or store on our site, at your sole cost and expense.
Our service includes private community platforms ("Networks / Albums") in which you or other users may post, link, store or otherwise make available Content. You are solely responsible for your use of the Networks and you agree to use them at your own risk.
Content Ownership and Right to License User Content
You retain all your rights and ownership to any and all Content you submit, post or display in the Networks. Administrators may also claim ownership of any and all User Content posted or displayed in their Network.
By submitting, posting or displaying Content in Networks of which you are a part, you grant Shareaflash a worldwide, non-exclusive, royalty-free license with the right to sublicense to use, copy, process, publish, display and distribute such Content in any and all media or distribution methods in order for us to provide the Services and only to provide the Services. You agree that this license includes the right for Shareaflash to make such Content available to other companies, organizations or individuals who provide services on behalf of Shareaflash to provide its Services subject to our terms and conditions for such Content use. In addition, by submitting, posting or displaying Content in the Network, you grant all other users with access to the Network a limited, worldwide, non-exclusive, royalty-free license ("User License") to use, copy, process, publish, display, or distribute such Content for their own personal or non-commercial use. This User License is subject to these Terms and does not include: (i) any resale or commercial use of the Content; (ii) modifying or otherwise making any derivative uses of the Content (or any portion thereof) for commercial use; or (iii) any use of the Content other than for its intended purpose.
Copyright and Limited License
Unless otherwise indicated on our site, our website and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Site Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Site Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these Terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our site, the Site Materials, the Interactive Areas and/or our services; (ii) your conduct; (iii) your violation of these Terms or your violation of the rights of any third party; or (iv) any Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE CONTENT, ANY HYPERLINKS, OUR SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (COLLECTIVELY, "SHAREAFLASH CONTENT/SERVICES") ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY SHAREAFLASH CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SHAREAFLASH CONTENT/SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL SHAREAFLASH CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SHAREAFLASH CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SHAREAFLASH CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Applicable Law and Venue
These Terms shall be governed by the internal substantive laws of the State of Michigan. Any claim or dispute between you and Shareaflash that arises in whole or in part from Shareaflash shall be decided exclusively by a court of competent jurisdiction located in Michigan.
We have the right, without notice and in our sole discretion, to terminate your license to use our Services, and to block or prevent your future access to and use of our Services.
Questions & Contact Information
Questions or comments about our site may be directed to us at the email address firstname.lastname@example.org