|
Summary of Sortak Terms & Conditions
This is a summary only. Please note that while our terms and
conditions may change from time to time, you will always
find the most recent version here.
You control who sees your photos.
Sortak is designed to provide a private, secure place for
you to store and share your photos. Only you and the friends
and family members you invite have access to your photos.
Your personal information is protected.
Your privacy is important to us and we take great care to
protect it. Please see our Privacy Policy for details.
We will communicate with you via email.
Sortak intends to send regular email updates and occasional
promotional offers that may be of interest to you. You may
opt-out of these mailings at any time upon receipt.
Age:
You must be at least 13 years of age to sign-up for Sortak.
To read the complete Sortak Terms and Conditions, please see
below.
Sortak Terms and Conditions
Welcome to Sortak! Sortak provides members a fun, safe, and
easy way to process, print, digitize, store, share and
otherwise use photographs (collectively "Process"). However,
before you enter the Sortak.com site (the "Site") or use any
of the Sortak services, it is important that you carefully
review the Terms and Conditions set out below (the "Terms").
In addition, specific pages on the Site may set out
additional terms and conditions, all of which are
incorporated by reference into these Terms. These Terms may
be changed or updated at any time, but you can always find
the most recent version here. In the case of inconsistencies
between these Terms and information included in off-line
materials (for example, promotional materials and mailers),
these Terms will always control. You should periodically
check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept
these Terms and that you agree to be bound by them.
Acceptance of these Terms creates a binding contract between
you and Sortak that you will use the Service only in a
manner consistent with these Terms. If you have questions
about these Terms, please contact
inquiries@Sortak.com. Your use of the Site and its
services (together, the "Service") is entirely conditioned
on and subject to your compliance with these Terms. If you
do not agree with these Terms, do not access or use the
Service.
I. Terms of Membership Sortak membership
("Membership") is available to you if you are at least 13
years of age and submit certain requested information to
Sortak, including your name and correct email address. In
addition, by becoming a Member, you will provide Sortak with
true, accurate, current, and complete information about
yourself when such information is requested by the Service
(whether by questionnaires, surveys, registration forms, or
other informational requests).
The Service is for personal use only.
A
condition of Membership is your "Active Participation" in
the Service. Active Participation is defined as sending in
film or purchasing photo merchandise, including reprints and
enlargements, through the Service at least once every 365
days. If your Membership account is inactive for a period of
over 365 days, Sortak may terminate your Membership (or any
part thereof) or your use of the Service, and may remove and
discard any content, including all information,
communications, postings, albums, image files or any other
content within the Service.
II. Digital Image Storage As long as you are an
active participant in the Service, Sortak offers free,
unlimited storage of your online photos. There is no limit
to the number of digital photos you can upload.
III. Member Conduct Sortak is committed to ensuring
that the Service remains a fun and safe place to Process
photographs. To that end, the Service allows Members to be
creative with their communications, albums, image files,
creative material, film, photographs, links, and comments
(collectively "Content"). Users of the Service, whether or
not Members, may not use the Service to Process Prohibited
Content. Generally, Prohibited Content includes Content or
other material that Sortak believes:
a. Is abusive, deceptive, pornographic, obscene,
defamatory, slanderous, offensive, or otherwise
inappropriate.
b. Comprises copyrighted material used without the express
permission of the owner.
c. Violates or encroaches on the rights of others.
d. Contains viruses, worms, corrupt files, Trojan horses
and other forms of corruptive code, or any other content
which may compromise the Service.
e. Advocates illegal activity.
f. Harms anyone, including minors.
g. Provides a link to any of the above.
Sortak has the sole discretion to determine whether Content
is Prohibited Content, and any Content submitted to the
Service may be subject to examination from time to time.
Although Sortak does not and will not examine and review all
Content submitted or transmitted to the Service, Sortak may
delete, move, and edit materials for any reason, at any
time, without notice.
All Content (whether private or public) that is Processed on
the Site is the sole responsibility of the person who
submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you
consider to be offensive. You take sole responsibility for
such exposure.
Sortak in no way guarantees the accuracy, quality or
appropriateness of Content available on the Site.
V. No Resale of Service You will not (i) reproduce,
duplicate, copy, sell, resell or exploit any part of the
Service, or (ii) use or access the Service for any
commercial purpose.
VI. Third Party Software As a convenience to
Members, Sortak may make third-party software available
through the Service. To use the third-party software, you
will agree to the terms and conditions imposed by the third
party provider. The agreement to use such software will be
solely between you and the third party provider.
Sortak does not guarantee that any software downloaded
through the Service will be free of viruses, worms, or
Trojan horses or other forms of corruptive code. Sortak
makes no representations or warranties concerning, and is
not liable or responsible in any manner for, the
performance, effectiveness or any other aspect of any
third-party software downloaded through the Service.
VII. Privacy Policy We respect your privacy and have
taken specific steps to protect it. Please see our
Privacy
Policy.
VIII. Copyright
When you use the Service, you become a participant in an
online community of people who enjoy photography. In order
for Sortak to make your photos available to you and your
invitees, as well as to use images to offer you a special
variety of online services, Sortak needs the rights to make
use of all Content on the Service, in accordance with and
subject to these Terms. Accordingly, as a condition to your
Membership, you hereby grant Sortak a perpetual, universal,
non-exclusive, royalty-free right to copy, display, modify,
transmit, make derivative works of and distribute your
Content, solely for the purpose of providing the Service. As
a condition to Membership, you represent and warrant to
Sortak that you either own your Content or have written
permission from the copyright owner to make such Content
available to the Service.
The Service is protected by international copyright laws and
by other applicable laws. You may not Process any Content
without the written consent of the owner of such Content.
You are solely responsible for any copyright violations that
you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has
been copied in a way that constitutes copyright
infringement, Sortak has a process in place to respond to
your concerns.
IX Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SORTAK,
INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS
(COLLECTIVELY "SORTAK AFFILIATES") FROM AND AGAINST ALL
LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS
OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT
OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING
THE SERVICE USING YOUR ACCOUNT.
X. Limited Warranty
(A) No Liability for Content IN NO EVENT WILL SORTAK OR
SORTAK AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE,
WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I)
CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING
ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE
INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE
THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN
RISK. SORTAK WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS
PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION.
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW,
SORTAK AND SORTAK AFFILIATES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. SORTAK MAKES NO WARRANTY THAT (I) THE SITE
OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE
OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR (III) THE SERVICE OR SITE WILL MEET YOUR
REQUIREMENTS. SORTAK MAKES NO WARRANTIES OF ANY KIND WITH
RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED,
ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE
ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW,
THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND
EXCLUSIVE REMEDIES.
XI. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, SORTAK WILL HAVE
NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT,
WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF
DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF
THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO
DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE
SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT
MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
XII. Termination
Sortak may, in its sole discretion, terminate your
Membership (or any part thereof) or your use of the Service,
and remove and discard any Content at any time, without
notice, for any reason, including, but not limited to: (i)
conduct that violates these Terms or other policies or
guidelines set forth by Sortak elsewhere on the Site, (ii)
conduct Sortak believes is harmful to other Sortak users,
the business of Sortak, or its Affiliates, or (iii) failure
to continue Active Participation in the Service. Sortak will
not be liable to you or any third-party for any termination
of your access to the Service.
XIII. Choice of Law
The courts of Egypt are the exclusive forum and venue to
resolve any and all disputes arising out of or relating to
these Terms. You consent to personal jurisdiction and venue
by the laws of Egypt.
XIV. Modification of Terms
Sortak reserves the right to amend these Terms at any time,
for any reason, and without notice, including the right to
terminate the Service or any part of the Service. Any
amendments or modifications made by Sortak will be
prospective only.
XV. Entire Agreement
These Terms constitute the entire agreement between you and
Sortak governing your use of the Service. In the case of
inconsistencies between these Terms and any information
included in off-line materials (for example, promotional
materials and mailers), these Terms will always control. You
may also be subject to additional terms and conditions that
may apply when you use Sortak Affiliate services,
third-party content, or third-party software.
The failure of Sortak to exercise or enforce any Term will
not constitute a waiver of such Term. If any Term is found
by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Terms remain in
full force and effect.
Regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to the Service
or these Terms will be filed within one year after such
claim or cause of action arose, or be forever barred.
XVI. Reporting Violations
You can report abuse of these Terms to
abuse@Sortak.com.
|
