KINGDOM MAYS, LLC (“PhotoLingo”) understands that the security of private information obtained from the use of our application and platform is an important concern and PhotoLingo takes the protection of such personal data seriously. By accessing the PhotoLingo application and platform, and subscribing as a user, you are agreeing that these terms of service and conditions of use create a valid and enforceable contract between you and PhotoLingo.
The PhotoLingo application, website, overall platform, and all of its features, information, content, data, processes, user interfaces, user profile data, user collected data, trademarks, copyrights and other intellectual property is owned by PhotoLingo, and each user hereby recognizes and agrees, unless otherwise agreed to by PhotoLingo and the user in a written agreement executed by both parties, that such user has no ownership or rights in any of the property, information, or data owned, created, collected, or aggregated by PhotoLingo. To the extent any photographs, digital images, or other visual items are submitted to the website and integrated or used in connection with intellectual property owned by PhotoLingo (such as, by example, an image being combined or integrated with a trademark or other proprietary mark of PhotoLingo), then such combination or integration shall be owned exclusively by PhotoLingo.
User hereby waives any claim he or she may have, whether known or unknown, vested or contingent, that arises from or related in any way to PhotoLingo’s use of any image or other information submitted to the PhotoLingo application, including, but not limited to, use of likeness, breach or violation of personality rights (or any derivation or similar claim thereto), invasion of privacy, or any other claim based upon PhotoLingo’s use of any such property. User hereby waives any right to obtain, demand, or request any remuneration for any of the foregoing, and for PhotoLingo’s use of any such property.
Various non-inputted data is collected each time a person uses or visits the PhotoLingo application, website, and platform, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site and the visitor’s IP-Address. This data is owned and used by PhotoLingo for statistical and other business purposes. PhotoLingo will not transfer such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be transmitted to third parties to solicit various goods or services to you unless you request or have requested otherwise, or unless such transmission is helpful in providing you goods or services you have already requested. For purposes of the preceding sentence, third parties shall not include agents of, independent contractors for, or other persons acting on behalf of PhotoLingo.
Certain data, such as names, e-mail addresses, physical addresses, phone numbers, photographs, videos, or other digital compilations or recordings, etc., may be collected through registration, through the use of the application, website, or platform, or through various other methods and actions consistent with the use or operation of the PhotoLingo application, website, or platform. All information submitted to PhotoLingo via the use of the application, website, or platform shall be owned by and remain property of PhotoLingo, and PhotoLingo shall be free to use, for any purpose (except as otherwise set forth in these terms of service), any data, idea, concept or technique submitted to PhotoLingo through the application, website, or platform. Except as otherwise agreed to by PhotoLingo or required by applicable law, PhotoLingo is not subject to any confidentiality or non-disclosure obligations covering submissions to the application, website, or platform. For the avoidance of doubt, all such items submitted by a user continue to be owned by the user, in addition to PhotoLingo’s ownership. PhotoLingo shall have no right to limit any user’s rights with respect to submissions. However, to the extent that PhotoLingo uses any of such information to create new and proprietary marks or other property, PhotoLingo reserves the right to exclusive ownership to all such newly-created items.
All information and materials contained on the PhotoLingo application, website, and platform including text, compilations, data, profiles, graphics, links or any other item are provided “AS IS” and PhotoLingo is making no warranty as to the accuracy, adequacy or completeness of any information or material. PhotoLingo hereby expressly disclaims any liability, and the user agrees that PhotoLingo shall not be liable, for any errors or omissions related to or connected to the use of the application, the website, or the platform. The user recognizes that PhotoLingo is not making any warranties of any kind in connection with the application, website, or platform including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.
Without limited the foregoing, the user understands that PhotoLingo is making no representation or warranty regarding continuous and uninterrupted use and/or service. There may be times where PhotoLingo purposefully shuts down its application and/or website for maintenance, upgrades, or other similar reasons, and PhotoLingo shall have the ability to do so without liability to any user, despite PhotoLingo’s efforts to perform such items and schedule such downtimes during times of minimal use and/or user engagement (in relation to all users on the PhotoLingo application, not each specific user).
User hereby indemnifies and holds PhotoLingo harmless from any loss, liability, expense, cost, or other payment, including reasonable attorney’s fees, PhotoLingo may suffer related to user’s improper use of the application, website, or the platform, the property contained within any of the foregoing, and user’s breach or violation of the terms of these terms of service. The foregoing shall include, without limitation, user’s use of the PhotoLingo application for any unlawful purpose or storing any unlawful or illegal images, videos, or other data. PhotoLingo reserves the right to remove any user content determined by PhotoLingo to be inappropriately affiliated with or stored on its site, and may contact relevant legal authorities for any items coming to PhotoLingo’s attention that are or are related to any illegal or unlawful activities.
User specifically acknowledges and agrees that PhotoLingo has access to every image, video, file, or other data collections submitted or uploaded to PhotoLingo and that user has no expectation of privacy with respect to any such items. PhotoLingo shall have no liability to any user or third party for alerting the proper legal authorities to any suspicious, illegal, or unlawful content, even if such content is ultimately determined to be lawful.
PhotoLingo shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of the application, the website, or the platform including, but not limited to, direct, indirect, special, incidental or consequential damages. In the event user violates or PhotoLingo reasonably believes the user will violate the confidentiality, non-disclosure, or lawful use sections contained herein, user agrees that PhotoLingo shall be entitled to disable user’s access to this site and its proprietary property, and seek an injunction and any other remedy allowed by law, including damages. PhotoLingo’s failure to insist upon strict performance of these terms shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall it affect its right to claim strict performance of any other portion of these terms.
PhotoLingo hereby agrees that any data submitted to PhotoLingo by a user of the website which is personally identifiable information with respect to any person will be held by PhotoLingo and not distributed to any person or third party except to those parties with whom the user has become affiliated through the use of the application, website, or platform. PhotoLingo will not distribute any personally identifiable information of a user (except as provided above) to any person for the purposes of marketing, soliciting or advertising products and/or services. Any data submitted to PhotoLingo that is not personally identifiable information is owned by and may be used by PhotoLingo in any manner that PhotoLingo determines. Nothing in the foregoing prevents or prohibits PhotoLingo from using any of such information for its own marketing purposes.
BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.
User hereby consents and submits to jurisdiction in the state of North Carolina for any dispute arising under the use of the site or the terms of this agreement. User hereby consents that venue for any such dispute shall be in Mecklenburg County, North Carolina. Such venue shall be the sole and exclusive venue for any action between PhotoLingo and any user. User hereby consents to personal jurisdiction by North Carolina courts and waives any argument to change venue outside of Mecklenburg County, North Carolina, including but not limited to forum non conveniens.
Each user of this website hereby represents to PhotoLingo and agrees that any data submitted through the use of the application, website, or platform to PhotoLingo is, to the best knowledge of such user, true accurate and complete in all material respects. Each user hereby represents and warrants to PhotoLingo that the information supplied by the user identifying such user is true, complete and accurate. Each user represents and agrees that PhotoLingo shall have no responsibility or liability for any loss or liability a user may suffer through reliance on this site and the property it contains. In addition to the items listed above, user agrees that he/she/it will not: tamper, hack, modify or otherwise corrupt the security or functionality of the site; transmit or otherwise install any virus or other code that can destroy, disrupt, corrupt or otherwise impair the functionality of the site; use the site or its services/property for any fraudulent or illegal purpose; interfere with another user’s use of the website; violate any applicable international, federal, state or local law, rule, regulation or ordinance; or violate any of these terms and conditions.