Use of the Phocentral Services and/or registration to be a Member for the Phocentral Services ("Membership") is void where prohibited. By using the Phocentral Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Phocentral Services does not violate any applicable law or regulation.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Phocentral Services. You may terminate your Membership at any time, for any reason, by sending an email to firstname.lastname@example.org
with all your account details(including password) for termination request. Phocentral may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the Phocentral Services is terminated, this Agreement will remain in effect in its entirety.
Phocentral services are free of cost. You are not intended to pay by cost in any means to use the service. Members are not limited to one account per person. Your Phocentral account is solely for your own personal use and benefit.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Phocentral immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5.Proprietary Rights in Content.
Phocentral does not claim any ownership rights in the images/photos of authorship, applications, or any other materials (collectively, "Content") that you upload on or through the Phocentral Services. By displaying or publishing ("uploading") any Content on or through the Phocentral Services, you hereby grant to Phocentral and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Phocentral Services, without your sole action. Phocentral and/or other Users may copy, print or display publicly available Content outside of the Phocentral Services, including without limitation, via the Site or third party websites or applications . After you remove your Content from the Phocentral Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Phocentral Website you change the Contentís privacy setting to "private," we will cease any further distribution of such "private" Content outside the Phocentral Website as soon as practicable. You represent and warrant that: (i) you own the Content uploaded by you on or through the Phocentral Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Phocentral Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Phocentral Services. Phocentral performs technical functions necessary to offer the Phocentral Services, including but not limited to transcoding and/or reformatting (thereby compressing images and enhancing quality for better bandwidth consumption) Content to allow its use throughout the Phocentral Services. Although the Site and other Phocentral Services are normally available, there will be occasions when the Site or other Phocentral Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Phocentral. Also, although Phocentral will normally only delete Content that violates this Agreement, Phocentral reserves the right to delete any Content for any reason, without prior notice.
Phocentral may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Phocentral violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Phocentral assumes no responsibility for monitoring the Phocentral Services for inappropriate Content or conduct. However, on accounts, and regardless of whether the Content is public or private, Phocentral may choose to monitor such Content at any time, in its sole discretion. If at any time Phocentral chooses to monitor the Phocentral Services, Phocentral nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Phocentral Services, and any material or information that you transmit to other Users and for your interactions with other Users.
You must use the Phocentral Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Phocentral Services. Phocentral reserves the right to investigate and take appropriate legal action against anyone who, in Phocentral's sole discretion, violates this provision, including without limitation, removing the offending Content from the Phocentral Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Phocentral:
* is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, excessive violence, or offensive subject matter or contains a link description to an adult website;
* solicits personal information from anyone under 18;
* publicly posts information that poses or creates a privacy or security risk to any person;
* constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* constitutes or promotes an illegal or unauthorized copy of another personís copyrighted work;
* contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
* solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
* includes a photograph another person that you have posted without that person's consent; or
* violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
You are solely responsible for your interactions with other Members. Phocentral reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
Phocentral is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content (images/photos) posted on or through the Phocentral Services, whether caused by Users of the Phocentral Services or by any of the equipment or programming associated with or utilized in the Phocentral Services and such Content does not necessarily reflect the opinions or policies of Phocentral. Phocentral takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Phocentral Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Phocentral is not responsible for the conduct, whether online or offline, of any User of the Phocentral Services. Phocentral assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Phocentral is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Phocentral Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Phocentral Services. Under no circumstances shall Phocentral be responsible for any loss or damage, including personal injury, resulting from use of the Phocentral Services, from any Content posted on or through the Phocentral Services, or from the conduct of any Users of the Phocentral Services, whether online or offline. The Phocentral Services are provided "AS-IS" and as available and Phocentral expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Phocentral cannot guarantee and does not promise any specific results from use of the Phocentral Services.
10.Limitation on Liability.
IN NO EVENT SHALL PHOCENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PHOCENTRAL SERVICES, EVEN IF PHOCENTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Phocentral, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Phocentral Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Phocentral Services causes Phocentral to be liable to another.
12.Protecting Copyrights and Other Intellectual Property.
Phocentral respects the intellectual property of others, and requires that our users do the same. You may not upload, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Phocentral has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Phocentral Services in a way that constitutes copyright infringement, please contact.
This Agreement is accepted upon your use of the Site or any of the Phocentral Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Phocentral regarding the use of the Phocentral Services. The failure of Phocentral to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: support@Phocentral.com
with any questions regarding this Agreement.
Last Updated : 13/05/08