STREETOGRAPHY TERMS OF SERVICE
Welcome to the Streetography application (the "App" or Service"). The App is owned and operated by Streetography, Inc. ("Streetography," "Company", "we", or "us"). We are making the App available to you subject to the following terms and conditions of service (the "Terms"). The Terms are a legal contract between you and Streetography regarding your use of the Service (you and others using the Service will be referred to as "Users").
As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device for your own personal use. By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms at any time, please do not use the Service.
- How the Service Works.
- Streetography enables users to view photos on a map, based on the geographic location at which the photo was tagged. This location is usually, but not always, the place at which the photo was taken. Photos are shown on different geographic entities, such as blocks, neighborhoods, or cities. The photo that is shown on each geographic entity in the map, the "top photo," may be the most recent or the most liked taken by all Users or a subset of Users. However, the Streetography service reserves the right to put any photo on any geographic entity. The User can see more photos belonging to a geographic entity by tapping on that photo that lies over the entity.
- Streetography also enables Users to upload photos to the Streetography database of photos, either by taking a photo in the App or by adding a photo from the User's photo gallery on their mobile phone. These photos that the User adds may or may not be shown as the top photo of a geographic entity.
- Prohibitions and Streetography Rights to Remove Content
- Users agree not to upload copyrighted photos for which they do not own the copyright.
- Streetography reserves the right to remove photos and User comments from the Service for any reason, including but not limited to those reasons stated under "Prohibitions" in Section 4(d) below.
- Applicable Terms and Policies.
- Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
- Modifications. From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through the Service, and indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.
- Users Must Be 13 or Older. If you are opening an account on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to enter into these Terms. If you are under 18, you may use our Site only with the involvement of a parent or guardian. In any case, you affirm that you are 13 years of age or older, as the Service is not intended for children under 13.
- Termination. You agree that we may terminate your account or use of the Service at any time in our sole discretion, and you agree that we shall not be liable to you or any third party for any such termination. If we terminate your access to the Service, your Content will no longer be accessible through your account, but such Content may persist and appear within the Service (e.g. if your Content has been shared or re-shared).
- Your Account.
- Account Information. In order to use some features of the Service, you will have to create an account. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that we may access, preserve and disclose your account information and Your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that Your Content violates the rights of third parties; (d) to respond if you contact us; or (e) protect the rights, property or personal safety of the Company, Users and the public.
- Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.
- Prohibitions. When creating an account, you may not: (a) provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission; (b) create more than one account for one person; (c) create an account for a non-person (e.g. a dog, a place, or an organization); (d) use a username that is the name of another person with the intent to impersonate that person; (e) use a username that is subject to rights of another person without appropriate authorization; or (f) use a username that is offensive, vulgar or obscene or otherwise in bad taste. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms.
- Your Content.
- General. We may now or in the future permit the submission and posting of or linking to Content submitted by you, including but not limited to photographs and comments ("Your Content"). We may or may not use Your Content in our sole discretion. You understand that whether or not Your Content is published, we do not guarantee confidentiality with respect thereto.
- Grant of Rights. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, creating derivative works from it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By submitting Your Content to the Service, you hereby grant Streetography and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit Your Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Streetography, its affiliates, and sublicensees the right to use the name that you submit in connection Your Content if they choose. You also agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also hereby grant to each User of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content as permitted by the functionality of the Service and these Terms. Except for the limited rights set forth in these Terms, you retain all right, title, and interest in Your Content.
- Representations and Warranties Regarding Your Content. You represent and warrant that: (a) you own Your Content or you have the right to use it and grant us the rights and license as provided in these Terms, and (b) the sharing of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- Prohibitions. When submitting Content to or otherwise using the Service, you agree not to: (a) submit material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (b) publish falsehoods or misrepresentations that could damage us, our Users or any third party; (c) publish any private information of someone, like their address, phone number, email address, and similar information without their permission; (d) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (e) post advertisements; or (f) upload Content that would be harmful to minors in any manner.
- Our Right to Monitor, Edit and Remove Content. We don't have an obligation to monitor your use of the Service or to review or any Content, but we have the right to monitor, remove, edit, and block Content or accounts containing Content 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 governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
- Our Proprietary Rights.
- Ownership. Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service will be the sole and exclusive property of Streetography and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing.
- Restrictions. You may not: (a) copy, modify or distribute the Service for any purpose; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Service, or otherwise attempt to discover the source code of the Service; (d) make the functionality of the Service available to multiple users through any means; or (e) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
- Restrictions.. You agree not to (a) interfere with, damage, impair, or disable the Service's operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users, or use the Service for commercial purposes; (c) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (d) remove, circumvent, disable, damage or otherwise interfere with the Service's security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (e) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (f) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (g) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (h) solicit personal information from minors, or submit or transmit pornography; (i) reformat or frame any portion of the Service; (k) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; (l) impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; (m) solicit a User's password or other account information; or (n) harvest User names, addresses, or email addresses for any purpose.
- Third Party Websites and Content.
- Third Party Websites. The Service may contain links, information, and references to third party products, services, and websites which we do not control or maintain ("Third Party Sites"). Access to and use of any Third Party Sites is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third Party Sites, (b) the acts or omissions of the operators of Third Party Sites (or their partners or affiliates), (c) any loss or damage incurred in connection with the use of any Third Party Site, or (d) any transaction you consummate in connection with your use or access of any Third Party Site. We provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Third Party Sites, since their terms and policies, not ours, apply to your interactions with them.
- Third Party Content. You understand that when using the Service you will be exposed to Content provided by other Users and by other third parties (collectively, "Third Party Content"). We do not control or endorse the submission of Third Party Content, nor do we have any obligation to monitor it. We are not responsible for (a) the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights or infringement relating to, such Third Party Content, (b) removing inappropriate Third Party Content, or (c) any loss or damage of any kind incurred as a result of the use of any Third Party Content. You waive, any legal or equitable rights or remedies you have or may have against Streetography with respect thereto. You alone are responsible for your involvement with other Users and providers of Third Party Content. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users and providers of Third Party Content, provided that Company disclaims all liability related to any such disagreements.
- Disputes with Third Parties. If you have a dispute with (a) another User, (b) the provider of any Third Party Site or Third Party Content, (c) any third party that contacts you as a result of your use of the Service, or (d) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Disclaimer of Warranties.
- Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE STREETOGRAPHY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE STREETOGRAPHY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO: (A) THE SERVICE; (B) THE STREETOGRAPHY CONTENT; (C) USER OR THIRD PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO STREETOGRAPHY OR VIA THE SERVICE.
- No Technical Warranties. THE STREETOGRAPHY PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR (D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
- Limitation of Liability; Waiver.
- No Liability for Losses or Damages. UNDER NO CIRCUMSTANCES WILL THE STREETOGRAPHY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE AND ITS OPERATION; (B) THE STREETOGRAPHY CONTENT; (C) USER OR THIRD PARTY CONTENT; (D) YOUR INABILITY TO USE THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE STREETOGRAPHY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR (G) LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION. THE STREETOGRAPHY PARTIES SHALL NOT BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF FORESEEABLE OR EVEN IF THE STREETOGRAPHY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
- State Requirements. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Monetary Limitation. IN NO EVENT WILL THE STREETOGRAPHY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
- No Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE STREETOGRAPHY PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND.
- Waiver of California Civil Code Section 1542. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
- Acts or Omissions of Third Parties. STREETOGRAPHY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE STREETOGRAPHY PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- Notice and Procedure for Making Claims of Copyright Infringement
- Notification of Infringement. Streetography respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on in the App;
- Your address, telephone number, and e-mail address;
- A statement by you that you 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
c/o Streetography, Inc.
226 Yale Road
Menlo Park, CA 94025
Last Updated: October 18, 2016