Welcome to Photophlow.com.

The Services offered at Photophlow.com by OORTLE, INC., a Delaware Corporation (the "Company" or "we" or “us”) include the Photophlow.com website (the "Website"), the Photophlow.com communication features and any other features, content, or applications offered from time to time by Photophlow.com in connection with the Website (collectively, the "Services"). Our Website is a conduit for an enhanced web experience with other third-party websites and allows you to use the Services to access third-party services and third party Content.

This Terms of Service (the “Agreement” or "TOS") sets forth the legally binding terms for your use of the Photophlow.com Services only. Your use of a third party website, third party services and third party Content will be governed by such third party website’s terms of service, which are incorporated herein by reference. By using the Services, you agree to be bound by this Agreement, whether you are a visitor (which means you simply browse the Website), or a user (which means that you have granted Photophlow.com authorization to access to one or more accounts with third party website service providers through an application programming interface “API”). In this agreement, the term "User" refers to both a user and a visitor. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.

1. Access to Activities. Through Photophlow.com, the Company agrees to provide User with access to content and other on-line information and services. You agree to use these services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. At the Present time, Photophlow.com is offered as a free service. You acknowledge that Photophlow.com reserves the right to charge for the Services and to change its fees from time to time at its discretion.

   You must be 13 years of age to use the Services. You (and your accompanying parent, if you are between the age of 13 and 18) are solely responsible for all activity on your third party account and for the security of your computer system.. Photophlow.com will not ask you to reveal your password at any time, please disregard any contact you may receive via email requesting this or any other personal information on your account. You agree not to disclose any third party website password to other users. You agree to notify Photophlow.com immediately if you suspect any unauthorized use of your account with third-party website or access to your password. You are solely responsible for any and all use of your account.

   This Agreement shall remain in full force and effect while you use the Services. Photophlow.com may suspend your use and access of the Services at any time, without warning. Even after your use and access is suspended, this Agreement will remain in effect.

2. Changes. Photophlow.com reserves the right and may modify this Agreement from time to time and such modification shall be effective upon posting by Photophlow.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish such changes to apply automatically, then you must review this Agreement each time before entry, and refrain from entering if you see new or different terms that you do not accept.
3. Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the person from which such content originated (the “Content”). When using our Services you may have the ability to access third party Content from third party websites. Any use of third party Content on our Website in connection with our Services is subject to any licenses or other ownership rights as provided by that third party website. You, and not the Company, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

   You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that the Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in the Company's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.

   You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

   Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in the Company's sole discretion as to what action should be taken.

4. Conduct Rules and Improper Behavior. As a user of the Services, User is required to refrain from illegal acts and acts which are offensive to others, and to respect all property rights of the contributors to the Services, as well as other content providers and authors. Offensive or inappropriate behavior, violation of copyrights, illegal activity or use of indecent language may cause the Company at its sole discretion, to suspend or deny access to the Services by User.  If you violate this Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. By accepting this Agreement you acknowledge that the Company is not required to provide you notice before terminating your account, but it may choose to do so.

   The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the access of Users for such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of the Company:

   is patently offensive and 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;

   solicits personal information from anyone under 18;

   solicits passwords or personal identifying information for commercial or unlawful purposes from all other Users;

   promotes information that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

   forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

   upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;

   upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

   furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or

   involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Photophlow.com reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

   criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

   advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;

   any automated use of the system, such as using scripts to post comments;

   interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;

   attempting to impersonate another person, using another person’s account with a third party service provider, or allowing another person to use your account with a third party service provider;

   using any information obtained from the Services in order to harass, abuse, or harm another person; or

   using the Services in a manner inconsistent with any and all applicable laws and regulations.

5. Additional Software. With respect to any additional software that may be made available by the Company in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content. You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.
6. Property Rights. The downloading, retransmission or copying of material on this site is allowed for Users' own use only. No redistribution, retransmission, or public redisplay by users, and no commercial exploitation is allowed. Failure by User to abide by all copyright and other property notices or restrictions contained in Photophlow.com may result in the suspension of access to this service. The Services contain content of Photophlow.com ("Photophlow.com Content"). Photophlow.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Photophlow.com owns and retains all rights in the Photophlow.com Content and the Services. Photophlow.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Photophlow.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
7. Posted Content. Photophlow.com does not claim any ownership rights in the third party Content that is available to Users through our Service or in the Content created by Users on our Service. All third party Content that is accessed through our Services and displayed on our Website remains subject to the licenses set forth by that third party website. If you create Content for display on our Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("creating") any Content on or through the Services, you hereby grant to Photophlow.com.com a limited non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services. You represent and warrant that: (i) you own the Content created by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the access and displaying of any third party Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services. Photophlow.com reserves the right, in its sole discretion, to reject, refuse or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
8. Indemnity. User agrees to defend, indemnify and hold Photophlow.com, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, agents, affiliates, licensors, partners and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement, any harmful or illegal activities by User in connection with Photophlow.com, and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes Photophlow.com to be liable to another.
9. Warranty Disclaimer. User agrees that use of the Services is entirely at User's own risk. This service and content is available and provided "As Is" without warranty of any kind, either express or implied, including without limitation any warranty for accuracy of information, services, uninterrupted access, or products provided through or in connection with the service. Photophlow.com, Inc. does not make any warranties of title or warranties of merchantability or fitness for a particular purpose.  Photophlow.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Users on Photophlow.com may contain links to other websites. Photophlow.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Photophlow.com. Inclusion of any linked website on Photophlow.com does not imply approval or endorsement of the linked website by Photophlow.com. When you access these third-party sites, you do so at your own risk. Photophlow.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Photophlow.com is not responsible for the conduct, whether online or offline, of any User of the Services. Photophlow.com 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. Photophlow.com 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 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 Services. Under no circumstances shall Photophlow.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Photophlow.com event, from any content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Photophlow.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Photophlow.com cannot guarantee and does not promise any specific results from use of the Services. Users who encounter questionable materials or non-functioning locations or features, are encouraged to contact Photophlow.com at feedback@photophlow.com
10. Limited Liability. User acknowledges that regular Photophlow.com features are available as a free service, and there is no special legal or business relationship between User and Photophlow.com, Inc.. Accordingly, the Photophlow.com Associates are not and shall not be liable for any damages, losses or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission or operational delays, inability to gain access to or use of the Services, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause or claim in law or equity. User hereby acknowledges that the provisions of this section shall apply to all content on the Services. IN NO EVENT SHALL PHOTOPHLOW.COM 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 SERVICES, EVEN IF PHOTOPHLOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PHOTOPHLOW.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PHOTOPHLOW.COM FOR THE SERVICES.
11. Other Users. User specifically acknowledges that the Photophlow.com Associates are not liable for the offensive, harmful or illegal conduct of other users of Photophlow.com or other third-parties, and that the risk of injury from the foregoing rests entirely with user.
12. Law and Jurisdiction. This Agreement and any dispute relating to this Agreement shall be governed by the laws of the United States and the laws of the State of California, without regard to U.S. or California choice of law rules. User and Photophlow.com, Inc. agree and consent that jurisdiction, proper venue and the most convenient forms for all claims, actions and proceedings of any kind relating to Photophlow.com or the matters in this Agreement shall be exclusively in courts located in San Francisco, California. If a court with the necessary subject matter jurisdiction over a given matter cannot be found in California, then jurisdiction for that matter shall be exclusively in a court with the proper jurisdiction as close to San Francisco as possible, and within California if possible.
13. Export Laws and International Use. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law. Further, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
14. Severability. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then User and Photophlow.com, Inc. agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed.
15. Third Party Beneficiaries. User and Photophlow.com, Inc. agree that there are no third party beneficiaries of any promises, obligations or representations made by Photophlow.com. Those referred to as the "Photophlow.com Associates" are third party beneficiaries under this Agreement in accord with the provisions where they are referenced. 16. General. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. This Agreement, together with the Privacy Policy, constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Photophlow.com, Inc. and its representatives and User. Waiver by Photophlow.com Inc. of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision.

This Agreement is accepted upon your use of the Website or any of the Services. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Photophlow.com is a registered trademark of Photophlow.com, Inc. 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: contact@photophlow.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.