Terms of Service

By using Phanfare℠ you agree to the following Terms of Use. Please read them carefully.

Date of last revision: November 30, 2007

1. ACKNOWLEDGMENT AND ACCEPTANCE OF PHANFARE SERVICE TERMS OF USE

Welcome to Phanfare℠. Phanfare is pleased to provide you access to our Digital Photo and Video Sharing Website, www.phanfare.com and derivative sites (the “Site”) and our Phanfare software (“Software”), collectively called “Phanfare” or “the Service” through which we strive to provide you the best online photo and video sharing. By accessing or using the “Service”, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). Phanfare reserves the right, at our sole discretion, to change, modify, add or delete these ”Terms of Use” at any time without further notice. The changes will appear on this screen, with the date of the last revision, and are effective immediately. Your continued use of the Service, the Site or the Phanfare Client Software after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service, the Site or the Software. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.In the event that we change the terms of use in a way that is unacceptable to you, we reserve the right to offer you a prorated refund of any pre-paid subscription, at our discretion.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS

2. ELIGIBILITY

Membership in the Service is void where prohibited. This Service is intended solely for users who are thirteen (13) years of age or older, and you must submit certain requested information to Phanfare including your correct email address. By using the Service 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 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning if Phanfare believes that you are under 13 years of age.

3. THE PHANFARE SERVICE

The Service consists of the features, products, functions, services, and content provided by Phanfare, as well as the features, products, functions, services, and content provided by third parties through the Site.

Phanfare provides you with the capability to create and manage online photo and video albums via the World Wide Web (the “Service”). The photo and video clips in the albums are digital images and video provided by you. We provide you with a copy of our Phanfare client software for use on your own computer, which you are free to copy as many times as you like for your own personal use. Phanfare continually improves the Phanfare client software and the Site and you are entitled to those improvements for as long as you maintain your membership. As part of the service, Phanfare stores copies of your digital photos, video clips and other photo album information on its computer servers and those of third party partners.

In order to use the Service, you must be able to access the Internet. This may include access to a computer, modem or any other necessary equipment. Phanfare does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access.

4. MEMBERSHIP

A "Member" is a person (i) who is at least 13 years of age, (ii) who is legally capable of agreeing to, and has agreed to, the Terms of Use, (iii) whose e-mail address, and required account information have been provided to Phanfare and are recorded on Phanfare's records as the person responsible for a specific Phanfare user account or those using the Member's account, and (iv) who uses the Services. You will be referred to as a "Member" or your account referred to your Phanfare "Membership." Before you can use the Service for the purchase of photo and/or video output product, we will ask you to provide a valid credit card number (including expiration date and billing address). This will allow us to efficiently facilitate the shipping and handling charges associated with your purchase of a Service.

You must provide Phanfare with certain information in order to register for the Service (the "Registration Information"). This Registration Information currently requires you to submit the following items a) a valid email address and b) your first and last name. Phanfare uses this information to communicate with all users. It is your sole responsibility to ensure that all Registration Information is accurate and complete at all times. If any Registration Information provided by you is untrue, inaccurate, not current or incomplete, Phanfare has the right to terminate your account and refuse you any and all current or future use of the Service.

Members are provided access to a "No Fee Membership Account" with 1GB (Gigabyte) of image storage space at no cost. Phanfare reserves the right to charge for the Phanfare Service or any portion thereof, modify the pricing of, add to, or discontinue the Phanfare Service or any portion thereof without prior notice. “Paid Membership” with additional storage space and other features and benefits may be purchased for a fee. These options and fees are listed on the Phanfare.com site. Fees and storage space capacity may be changed at any time without notice.

Phanfare's photo and video storage policy (as provided in these Terms) is designed to let you enjoy your personal photos and/or videos and share them with others for years to come. Except as otherwise provided herein, all photos and videos will be kept in your account until you remove them.

A condition of “No Fee Membership” is your "Active Participation" in the Service. Active Participation is defined as logging into your account, uploading content or purchasing photo and/or video merchandise, including reprints and enlargements, through the Service at least once every twelve (12) months. If you cease Active Participation for any reason, Phanfare may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.

You are solely responsible for your interactions with other Phanfare Members. Phanfare reserves the right, but has no obligation, to monitor disputes between you and other Members.

5. LIFETIME SUBSCRIPTIONS

Phanfare no longer sells lifetime subscriptions, Terms of previously purchased lifetime subscriptions are subject to additional conditions as outlined in this section.

A lifetime subscription runs for the life of the person subscribing. During that time, Phanfare will store and host your digital image and video data and allow you online access to manage that collection. Lifetime subscriptions are not transferable, although this may change in the future. If Phanfare is to go out of business the subscription ends. Phanfare may terminate a lifetime subscription at any time by returning the photos and videos to you and returning your original purchase price, currently $299.95.

In the event of an acquisition of Phanfare, change of control of Phanfare, significant merger, or other legal reorganization, Phanfare may terminate lifetime subscriptions by returning photos and videos and returning your purchase price. If Phanfare terminates your account because of a violation of our terms of use, Phanfare will not provide image or video data back to you, nor will we refund your subscription price. Phanfare may change the limits of lifetime accounts from time to time to reflect costs. Other additional services may be offered for additional cost.

As a lifetime subscriber, you are entitled to receive your photos and video back on DVD once at no cost (US Customers). Phanfare will provide this DVD backup for free only once, upon request. After that, a nominal charge will apply. Unlike annual and monthly subscriptions, you do not need to be a member for a year before we will return your data back to you on DVD. For customers outside the United States, a nominal shipping and handling charge will apply. For US-based customers, no shipping or handling charge will apply and the first DVD is entirely free.

If your Phanfare lifetime subscription account has no activity, as defined above for a period of four (4) years, we will consider that account dormant and will remove online access to the data. We will then keep the data for an additional 1 year, at which point we will delete your data. You can cancel your lifetime subscription. If you cancel your subscription, we will remove your data from our servers within 90 days of your cancellation.

6. EMAIL ADDRESS, PASSWORD AND SECURITY OF REGISTRATION INFORMATION

You are responsible for maintaining the confidentiality of your email address and password and for any and all activities that occur under your password or account. You agree to immediately notify Phanfare of any unauthorized use of your account or any other security breach known to you. All registration passwords selected by you are encrypted on the Phanfare servers. Phanfare encrypts user registration passwords using a one-way hash and has no access to user registration passwords, and forgotten or stolen passwords are the sole responsibility of users of the Service. You may request link to reset your password, which will be emailed to your email account of record.

7. PHOTO CONTENT, VIDEO CONTENT AND DATA

Phanfare considers the photos and video that you share with the Service to be your private information. Phanfare will not edit or disclose information about you or your private content, except that you agree that Phanfare may do so in accordance with its then-current privacy policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates the rights of third parties; (e) to enable the purchase of photo and/or video products via third party partners and (f) to protect the interests of Phanfare or others.

You acknowledge and agree that Phanfare may access all photos, video, data (User Content) and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business.

In order to use the Service, you hereby agree to abide by the current Phanfare privacy policy, located at http://www.phanfare.com/page/privacy.html. Such standards govern the types of photos and video that you can and cannot store and share using the Service, as well as the maintenance and use of such information.

You acknowledge and agree that Phanfare is not responsible or liable for the pictures, videos, content, and usage of your online photo and video albums. You agree not to store or share through the Service or the Site, or order photo merchandise with; among other items: credit card data, credit card numbers or financial or credit histories of individuals; social security numbers; sexually explicit, pornographic, harassing, abusive, harmful or obscene photos, video or information; information on an individual's health status; racist or sexist photos or video; stolen or fraudulent photos or video; photos, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property rights of another third party; or any otherwise illegal information. If you are under the age of 13, you may not post or submit any personally identifiable information about yourself on the Site.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing (for promotional and advertising purposes, among others). Any such use by Phanfare will be governed by our privacy policy. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

8. MODIFICATION OF SERVICE

At any time, Phanfare may decide to modify, suspend, alter or terminate Service provided to you for any reason. Phanfare will make any decisions about modifications to the service in its sole discretion, with or without notice to you. You accept and acknowledge that Phanfare reserves this right and agrees that Phanfare will not be responsible for any modification or discontinuation of the Service.

9. TERMINATION OF SERVICE

You agree that Phanfare may terminate your password, account or use of the Service and, in Phanfare's discretion, terminate your use of Phanfare's other services for any reason, at its sole discretion, including, without limitation, if Phanfare believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with Phanfare’s privacy policy or (c) that you have violated the rights of Phanfare or other users or parties or (d) that your account is not in good standing with respect to the payment of subscription fees for Paying Members or non-activity for No Fee Members.

You may choose to cancel your account with Phanfare at any time. A cancellation initiated by you will be called a voluntary termination.

10. MEMBER TERMINATION OF NO FEE MEMBERSHIP

As a No Fee Account Member, you may terminate this Agreement at any time by visiting your account settings page. After receipt of your termination notice, Phanfare.com will terminate your account and delete all photos, videos, music, credits and any other membership benefits contained therein.

Termination or suspension of an account does not relieve you of any obligations you have accrued, including payment such as any charges for photo or video merchandise purchases in connection with your account. You are responsible for payment of all such charges.

11. TERMINATION OF PAID MEMBERSHIP

You may choose to cancel your Paid Membership with Phanfare or downgrade to a No Fee Account at any time by accessing your account settings page. A cancellation or downgrade initiated by you will be called a voluntary termination or downgrade. Yearly subscription fees, once paid, are not refundable.

Paying Members choosing to downgrade will need to remove enough photo and video content from their account to be within the then current free storage limit (currently 1GB). Otherwise, the Members content will be "deactivated" from an account one album at a time starting with the album with the oldest modification date until the Member is under the then Free Account storage limit. If there is only one album and the customer is over the storage limit, that entire album will be "deactivated."

The Account Deactivation process described herein will automatically be applied to all Subscription Paying Member accounts deemed delinquent or lapsed.

REINSTATEMENT. During the deactivation process the Member’s content will be deleted and may not be retrievable to reinstate into the Member’s account, even if the Member upgrades to a Paying Account.

You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that Phanfare may immediately delete and discard all information and files in your account and bar any further access to such files or the Service if Phanfare terminates your account for violation of this agreement, we will not provide image or video data to you.

COMMENTS POSTED TO ALBUMS If you post a comment to a Phanfare album, you understand and agree that anyone with access to the album will be able to access, use and/or disclose any information that you include in any such comment (including, without limitation, any personal information such as your name, e-mail address, etc.).

12. LIMITATION OF LIABILITY

PHANFARE WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. PHANFARE WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.

YOU AGREE THAT PHANFARE IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.

13. GENERAL DISCLAIMER

PHANFARE PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. PHANFARE FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PHANFARE DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. PHANFARE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.

14. NO RESALE OF THE SERVICE. NON-COMMERCIAL USE.

Your right to use the Service is personal to you and you may not resell all or any portion of the Service. This service is intended for non-commercial use. It may be used for commercial use provided you stay within the terms of use and other usage limits, described below. You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service. You may not sell or give away copies of the Phanfare Photo software.

15. DATA STORAGE

You understand and agree that all photos and video shared using the Service will be stored on Phanfare's servers and/or Phanfare’s third party partner servers. Phanfare assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service. Total network traffic for Paying Members is limited to 10GB upstream to Phanfare and 15GB downstream from Phanfare per user per month. Management of your photos and videos via the Phanfare client, as well as viewing your collection on the web contribute to your measured network traffic. This limit is intended to serve the needs of consumers and may be increased or decreased from time to time as Phanfare understands general trends in usage. As Phanfare determines in its sole discretion, additional network bandwidth may be purchased for a fee. You will not be charged any fees for additional network bandwidth without prior consent.

Individual images are limited to 20MB. For images larger than 20MB, only smaller downsampled versions will be stored on Phanfare's servers. 20MB is intended to accommodate the largest JPEG images created by digital cameras today at highest resolution. This limit will likely increase from time to time as camera sensors improve.

Video movie clips (AVI, MPEG, MOV, WMV, etc) are limited to 10 min in length and 2.0 GB in size. Longer or larger movie clips will not be uploaded. For videos with bit rates greater than 4 megabits per second ("mbps"), Phanfare will store a version of the video that has been down sampled to approximately 4 mbps and will discard the original video.

16. YOUR CONDUCT

You agree to abide by all Phanfare standards and applicable local, state, national and international laws and regulations in your use of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users. You agree to be solely responsible for your actions and the contents of your entries through the Service. You agree not to impersonate any person or entity, including but not limited to a Phanfare official, or falsely state or otherwise misrepresent your affiliation with a person or entity. In addition, you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You must be at least 13 years of age to use Phanfare.

You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) to comply with all regulations, policies and procedures of networks connected to the Service;

In addition, you agree not to use the Service or the Site to:

(upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; use the Service for illegal purposes;
interfere or disrupt networks connected to the Service;
use the Site or the Service for chain letters, junk mail, “spamming” solicitations (commercial or otherwise) or bulk communications of any kind;
promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
use automated scripts to collect information from or otherwise interact with the Service or the Site;
transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
upload content in violation of Section 7 above impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site; or
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Phanfare, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Phanfare or its users to any harm or liability of any type.

Phanfare may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions.

17. COPYRIGHT AGENT

If you believe that your information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed;

a description of where the material that you claim is infringing is located on the Site;

your address, telephone number, and e-mail address;

a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;

Our Copyright Agent for notice of claims of copyright infringement on this Site is Andrew Erlichson.

18. INDEMNIFICATION

You agree that Phanfare will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, Phanfare’s privacy policy or infringements on the rights of any third parties as a result of your use of the Site or the Service. You also agree to indemnify Phanfare and its officers, directors, employees, agents, business partners and other third-party information providers for any and all claims that may arise.

19. PROPRIETARY RIGHTS TO CONTENT

You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site or Phanfare Photo ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by Phanfare, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.

20. THIRD-PARTY WEBSITES AND LINKS TO THE SITE

Phanfare does not review or monitor any websites linked from your albums and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk.

21. SYSTEM INTEGRITY

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

22. GOVERNING LAW

The laws of the State of New Jersey shall govern this Agreement and the relationship between you and Phanfare. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose.

The headings used to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.

23. CONTACT INFORMATION

Any questions or comments can be directed to: support@phanfare.com.