Welcome to ITookThisOnMyPhone! We provide our members with an easy, fun and automatic way to share pictures from their smartphone.

However, before you enter the ITookThisOnMyPhone.com site (the "Site") or use our photo sharing service (the "Service") you must carefully review the terms of use set forth below (the "Terms"). In these Terms, the operator of the Site, ITookThisOnMyPhone.com, Inc., is referred to as "we" or "us", and you are referred to as "you."

By entering and using the Site or using or accessing any part of the Service, you are agreeing to these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our Site. Specific pages on our Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. Your acceptance of these Terms creates a binding agreement between you and us. Your access to and use of the Site and the Service are expressly conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or the Service. Note that any violation of these Terms may result in termination of our Service to you.

We have the right to change or update these Terms at any time without notice, but the most recent version will always be posted here. Please refer to this site periodically for any changes. By continuing to access or use the Service after we make any such changes, you agree to be bound by the revised Terms.

Your Photos
You may submit certain material to our Site, including without limitation, photographic images, as part of your use of the Service ("Submissions").

You hereby grant to us a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. We will not be liable for the content of any Submission and expressly disclaim all liability relating thereto. All Submissions on the Site are the responsibility of the Submitter, thus you are responsible for your Submissions.

You agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:

• Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
• Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable
• Any material that contains worms, viruses, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Destructive Code");
• Any material sent from an anonymous or false address;
• Any material that advocates illegal activity;
• Any material that harms anyone, including minors; or
• Any material that promotes bigotry, racism, hatred or harm against any individual or group.

While we are not responsible for, and do NOT review or comment on the content of Submissions provided by users of our Service, we do reserve the right, in our discretion, to: (i) delete, move or edit Submissions that, in our sole discretion, we deem to be abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable; or (ii) take any other action that we deem necessary relating to use or misuse of the Service.

We may request confirmation of the copyright or trademark ownership from the submitter. If we do not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, we reserve the right to (i) suspend Service relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, we reserve the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.

Our Service is not intended as a back-up solution. We recommend you maintain back-up copies of your Submissions on your hard drive or other personal system.

Your Account

You need to establish an account with us to use our Service.

We need to be able to access your account for the following reasons:

• To maintain our Service to you and develop new and useful features and services;
• We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
• To comply with a court order, subpoena, complaint or a lawful request from governmental authorities;

We do not guarantee the availability of any particular web address(es). We also reserve the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by us to a user as we deem necessary in our sole discretion and, at our option, to provide users with an alternative web page and address.

Linking directly to images on our servers from external sites is expressly prohibited.

You agree to comply with all applicable law in accessing and using our Site and Service, including without limitation, any local laws that may be applicable in your particular jurisdiction. You are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Site or the Service.

You agree not to take any action that will interfere with or disrupt the Service.

We will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that we have no obligation to monitor your access to, or use of, the Service, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

If you violate any of these Terms, your permission to use the Service will terminate automatically. We reserve the right to cancel the Service or to discontinue accounts that have been inactive.

Fees

Depending on your smartphone provider and other factors, you may or may not be charged a fee for use of the Service. You will be advised of any fees in effect at the time you create an account for your specific smartphone and will be offered the opportunity at that time to select a method of payment if there are any fees in connection with your account.

Our Smartphone-Based Software

The Service works in concert with a software application downloaded to your specific smartphone device (the "Software"). By downloading the Software you agree to its installation on your smartphone and agree to be bound by the terms of the license for the Software. You agree that the Software is licensed to you and that by downloading and installing the Software you receive no ownership interest in it, but only a license to use the Software as more particularly set forth in the license agreement for the Software.

Age Requirements

You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

Privacy Policy

We protect and use your personal information as set forth in our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated in these Terms by reference.

Links to Third-Party Websites

We may provide links to third-party websites that we believe may be useful or informative. These links to third party websites or information are not intended as, and should not be interpreted by you as constituting or implying our endorsement, sponsorship, or recommendation of the third party websites or the information, products or services found there. Such third party websites are not under our control and we are not responsible or liable for the content, availability or accuracy of any linked website or any link contained within such linked website. Any such links are provided solely as an aid to help you identify and locate other Internet resources that may be of interest and are not intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. If you choose to access a third-party website linked on this Site you do so entirely at your own risk.

Third-Party Software, Goods and Services

We may make third party software, goods or services available to you from time to time. To access such third party software, goods or services, you must first agree to the third party’s terms and conditions governing such software, goods or services which agreement will be between you and the third party provider. We are not a party to any such arrangement between you and a third party provider and we disclaim any liability, and provide no warranties relating to such software, goods or services.

With respect to third-party software, this means, among other things, that we do not guarantee that any third party software you access will be free of any contaminating or Destructive Code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

Disclaimer of warranties

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

WE MAKE NO WARRANTY THAT THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH OUR SITE OR ADVERTISED THROUGH OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OR OUR OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND/OR ANY OF OUR THIRD-PARTY INFORMATION PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SITE OR SERVICE, FROM ANY CHANGES TO THIS SITE OR THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.

YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU, IF ANY, FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100.00 USD. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Claims

The parties agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the State of Ohio, United State of America, without regard to its conflict of law provisions. In the event of a dispute arising under or relating to your use of this Site, the Service or any information or materials located hereon, or these Terms, you agree to the exclusive jurisdiction of the federal and state courts located in Hamilton County, Ohio, and waive any jurisdiction, venue, or inconvenient forum objections to such courts. Except for a claim for indemnification by us under the following Section, any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.

Indemnification

You agree to indemnify, defend and hold us, our owners, directors, managers, officers, employees, agents, licensors, suppliers and/or any of our third-party information providers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account; (ii) a claim that a Submission violates any applicable law; and/or (iii) a claim that a Submission infringes third party intellectual property rights.

Submission of Ideas

Our members are sometimes interested in submitting ideas for products and services to be used, either independent of, or in conjunction with, our Service. While we appreciate your interest in improving our Service, please note the following terms with respect to unsolicited ideas:

Unsolicited ideas submitted to us or any of our employees automatically become the property of ITookThisOnMyPhone.com, Inc.
By submitting unsolicited ideas to us you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to us or our employees.

Instead:

Send a message to admin@ITookThisOnMyPhone.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by us in order to evaluate your concept(s).

Patent Protection

The systems, services, and products, or portions thereof that form part of the Service, may be covered by one or more US Patents or pending US patent applications.

U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

Copyright Notice

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title and interest in and to the Site and Service is and will remain the exclusive property of ITookThisOnMyPhone.com, Inc. and its licensors. The Site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site or Service on, or in connection with, any other website, for any purpose.

Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms and the other documents referenced herein constitute the entire agreement between you and us with respect to your access and use of the Site and Service, and supersede all other communications, written or oral, with regard to the Site and the Service.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.