Welcome to Photer!
These Terms of Use ("Terms" or “Photer Terms”) govern your use of Photer,
except where we expressly state that separate terms (and not these) apply, and
provide information about the Photer Service
(the "Service"), outlined below. When you create a Photer account or
use Photer, you agree to these terms.
The Photer Service is provided to you by Photer, Inc. These Terms of Use therefore
constitute an agreement between you and Photer, Inc.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN
SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The Photer Service
We agree to provide you
with the Photer “Service.” The “Service” includes all of the Photer products,
features, applications, services, technologies, and software that we provide to
advance Photer's mission. Photer’s
mission is to build systems that try to facilitate expression, creativity,
exploration and sharing of content and experiences as authorized with your and
other users’ permission. We try to connect
you with and build a community of travelers and photographers and to identify
interesting things to see, explore and photograph.
We develop and use tools
that are offered to our community to encourage a positive and inclusive
environment. Photer systems and technology, inclusive of artificial
intelligence and machine learning, allow users to flag, curate and quarantine
media that is not in accordance with Photer Community Guidelines to combat
abuse and violations of our Terms and policies.
We must store and transfer data across our systems around the world, including
outside of your country of residence. To operate our global Service, the use of
this global infrastructure is necessary and essential to provide our Service.
This infrastructure may be owned or operated by Photer, Inc. or third-party
providers.
We use data from Photer
to show you ads, offers, and other sponsored content that we believe will be
meaningful to you. And we try to make that content as relevant as all your
other experiences on Photer.
Funding for Photer
Services
Photer Services are
offered to its users without the requirement of payment, by using the Service
covered by these Terms, you acknowledge that we can show you ads that
businesses and organizations pay us to promote. We use your personal data, such
as information about your activity and interests, to show you ads that are more
relevant to you. We show you relevant and useful ads without telling
advertisers who you are. We don’t sell your personal data. We don’t share
information that directly identifies you (information such as your name or
email address that by itself can be used to contact you or identifies who you
are) unless you give us specific permission.
Managing Your Privacy
Settings
Your privacy is important to us, which
is why we provide tools to help keep your account secure and your privacy
protected.
Here’s how:
Go into your User Profile from the
“hamburger” menu in the top right corner of your screen.
Step 1: Select Edit Profile
Step 2: In Who can see my profile: Select either
“Only Me” or “Everyone”
Photer is a public site.
When you select “Only Me” - Your
posted pictures are public, though all other users will see only is your User
Name and Posted User Profile Picture.
Photer is designed to provide
photographic reference to great locations for taking pictures where users are
discouraged from taking selfies, portraits or even pets, though many may choose
to do so knowing such are public.
Photer Community
Guidelines
In return for our
commitment to provide the Service, we require you to adhere to the following Basic
Terms – “Community Guidelines:”
Violation of any of these
agreements will result in the termination of your Photer account. While Photer
prohibits such conduct and content on its site, you understand and agree that
Photer cannot be responsible for the Content posted on its web site and you
nonetheless may be exposed to such materials and that you use the Photer
service at your own risk.
Photer’s Rights – General
Conditions
Proprietary Rights in Content on
Photer
Additional Rights We
Retain
·
If you select a username or similar identifier for your account,
we may change it if we believe it is appropriate or necessary (for example, if
it infringes someone's intellectual property or impersonates another user).
·
If you use content covered by intellectual property rights that
we have and make available in our Service (for example, images, designs,
videos, or sounds we provide that you add to content you create or share), we
retain all rights to our content (but not yours).
·
You must obtain written permission from us or under an open source license to modify, create derivative works of,
decompile, or otherwise attempt to extract source code from us.
Content Removal and
Disabling or Terminating Your Account
·
We can remove any content or information you share on the
Service if we believe that it violates these Terms of Use, our policies
(including our Photer Community Guidelines), or we are permitted or required
to do so by law. We can refuse to provide or stop providing all or part of the
Service to you (including terminating or disabling your access to Services immediately
to protect our community or services, or if you create risk or legal exposure
for us, violate these Terms of Use or our policies (including our Photer Community Guidelines), if you repeatedly
infringe other people's intellectual property rights, or where we are permitted
or required to do so by law. We can also terminate or change the Service,
remove or block content or information shared on our Service, or stop providing
all or part of the Service if we determine that doing so is reasonably
necessary to avoid or mitigate adverse legal or regulatory impacts on us.
·
When you request to delete content or delete
your account, the deletion process will automatically begin no more than 30
days after your request. It may take up to 90 days to delete content after the
deletion process begins. While the deletion process for such content is being
undertaken, the content is no longer visible to other users, but remains
subject to these Terms of Use and our Data Policy.
·
Content will not be deleted within 90 days of the account
deletion or content deletion process beginning in the following situations:
·
where your content has been used by others in accordance with
this license and they have not deleted it (in which case this license will
continue to apply until that content is deleted); or
·
where deletion within 90 days is not possible due to technical
limitations of our systems, in which case, we will complete the deletion as
soon as technically feasible; or
·
where deletion would restrict our ability to:
·
investigate or identify illegal activity or violations of our
terms and policies (for example, to identify or investigate misuse of our Service,
products or systems);
·
protect the safety and security of our Services, products,
systems, and users;
·
comply with a legal obligation, such as the preservation of
evidence; or
·
comply with a request of a judicial or administrative authority,
law enforcement, or a government agency;
·
in which case, the content will be retained for no longer than
is necessary for the purposes for which it has been retained (the exact
duration will vary on a case-by-case basis).
·
If you delete or we disable your account, these Terms shall
terminate as an agreement between you and us, but this section and the section
below called "Our Agreement and What Happens if We Disagree" will
still apply even after your account is terminated, disabled, or deleted.
Our Agreement and What
Happens if We Disagree
Our Agreement.
·
If any aspect of this agreement is unenforceable, the rest will
remain in effect.
·
Any amendment or waiver to our agreement must be in writing and
signed by us. If we fail to enforce any aspect of this agreement, it will not
be a waiver.
·
We reserve all rights not expressly granted to you.
Who Has Rights Under
this Agreement.
·
Our past, present, and future affiliates and agents, including ShotSpotz, LLC., can invoke our rights under this agreement
in the event they become involved in a dispute. Otherwise, this agreement does
not give rights to any third parties.
·
You cannot transfer your rights or obligations under this
agreement without our consent.
·
Our rights and obligations can be assigned to others. For
example, this could occur if our ownership changes (as in a merger,
acquisition, or sale of assets) or by law.
LIABILITY: Who Is Responsible if Something Happens.
·
Our Service is provided "as is," and we can't
guarantee it will be safe and secure or will work perfectly all the time. TO
THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
·
We also don’t control what people and others do or say, and we
aren’t responsible for their (or your) actions or conduct (whether online or
offline) or content (including unlawful or objectionable content). We also
aren’t responsible for services and features offered by other people or
companies, even if you access them through our Service.
·
Our responsibility for anything that happens on the Service
(also called "liability") is limited as much as the law will allow.
If there is an issue with our Service, we can't know what all the possible
impacts might be. You agree that we won't be responsible ("liable")
for any lost profits, revenues, information, or data, or consequential,
special, indirect, exemplary, punitive, or incidental damages arising out of or
related to these Terms, even if we know they are possible. This includes when
we delete your content, information, or account. Our aggregate liability
arising out of or relating to these Terms will not exceed the greater of $100
or the amount you have paid us in the past twelve months.
·
You agree to defend (at our request), indemnify and hold us
harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation, reasonable attorney's fees and costs,
arising out of or in any way connected with these Terms or your use of the
Service. You will cooperate as required by us in the defense of any claim. We
reserve the right to assume the exclusive defense and control of any matter
subject to indemnification by you, and you will not in any event settle any
claim without our prior written consent.
How We Will Handle
Disputes.
·
Except as provided below, you and we agree that any
cause of action, legal claim, or dispute between you and us arising out of or
related to these Terms or Photer ("claim(s)") must be resolved by
arbitration on an individual basis. Class actions and class arbitrations are
not permitted; you and we may bring a claim only on your own behalf and
cannot seek relief that would affect other Photer users. If there is a final
judicial determination that any particular claim (or a request for particular
relief) cannot be arbitrated in accordance with this provision's limitations,
then only that claim (or only that request for relief) may be brought in court.
All other claims (or requests for relief) remain subject to this provision.
·
Instead of using arbitration, you or we can bring claims in your
local "small claims" court, if the rules of that court will allow it.
If you don't bring your claims in small claims court (or if you or we appeal a
small claims court judgment to a court of general jurisdiction), then the
claims must be resolved by binding, individual arbitration. The American
Arbitration Association will administer all arbitrations under its Consumer
Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't
have to be arbitrated and may be brought in court: disputes related to
intellectual property (like copyrights and trademarks), or efforts to interfere
with the Service or engage with the Service in unauthorized ways (for example,
automated ways). In addition, issues relating to the scope and enforceability
of the arbitration provision are for a court to decide.
This arbitration
provision is governed by the Federal Arbitration Act.
You can opt out of this
provision within 30 days of the date that you agreed to these Terms. To opt
out, you must send your name, residence address, username, email address or
phone number you use for your Photer account, and a clear statement that you
want to opt out of this arbitration agreement, and you must send them here:
Photer, Inc. ATTN: Photer
Arbitration Opt-out, PO Box 2215 Leesburg, VA 20177.
·
Before you commence arbitration of a claim, you must provide us
with a written Notice of Dispute that includes your name, residence address,
username, email address or phone number you use for your Photer account, a
detailed description of the dispute, and the relief you seek. Any Notice of
Dispute you send to us should be mailed to:
Photer, Inc., ATTN: Photer
Arbitration Filing, PO Box 2215 Leesburg, VA 20177.
Before we commence
arbitration, we will send you a Notice of Dispute to the email address you use
with your Photer account, or other appropriate means. If we are unable to
resolve a dispute within thirty (30) days after the Notice of Dispute is
received, you or we may commence arbitration.
·
We will pay all arbitration filing fees, administration and hearing
costs, and arbitrator fees for any arbitration we bring. For all other claims, the costs and fees of
arbitration shall be allocated in accordance with the arbitration provider's
rules, including rules regarding frivolous or improper claims.
·
For any claim that is not arbitrated or resolved in small claims
court, you agree that it will be resolved exclusively in the U.S. District
Court for the Northern Virginia or a state court located in Virginia. Or DELAWARE or OTHER– Legal Guidance You also agree to submit to the personal
jurisdiction of either of these courts for the purpose of litigating any such
claim.
·
The laws of the Commonwealth of Virgina,
to the extent not preempted by or inconsistent with federal law, will govern
these Terms and any claim, without regard to conflict of law provisions.
Unsolicited Material.
We always appreciate
feedback or other suggestions, but may use them without any restrictions or
obligation to compensate you for them, and are under no obligation to keep them
confidential.
Updating These Terms
We may change our
Service and policies, and we may need to make changes to these Terms so that
they accurately reflect our Service and policies. Unless otherwise required by
law, we will notify you (for example, through our Service) that changes to
these Terms have occurred and give you an opportunity to review and accept them
before continued use of the Photer Service.
Then, if you continue to use the Service, you will be bound by the
updated Terms. If you do not want to agree to these or any updated Terms, you
can delete your account by requesting an account deletion via email at info@photer.net.
Revised: June 16, 2022
Data Policy
This policy describes the information
we process to support Photer Services other products and features we offer.
(See Photer Privacy Settings)
I. What kinds of information do we
collect?
To provide the Photer Services, we
must process information about you. The types of information we collect depend
on how you use our Service and products
Things you and others do and provide.
Device Information
As described below, we collect
information from and about the computers and phones, and other web-connected
devices you use that integrate with our Services, and we combine this
information across different devices you use. For example, we use information
collected about your use of our Services on your phone to better personalize
the content (including ads) or features you see when you use our Services on another
device, such as your laptop or tablet, or to measure whether you took an action
in response to an ad we showed you on your phone on a different device.
Information we obtain from these
devices includes:
II. How do we use this information?
We use the information we have
(subject to choices you make) as described below and to provide and support the
Photer Services and related services described in the Photer Terms.
Here's how:
Provide, personalize and improve our Service.
We use the information we have to
deliver our Services, including to personalize features and content.
Location-related information: We use
location- related information as your posted content has location data embedded
and is inherent to Photer functionality.
Communicate with you.
We use the information we have to send
you marketing communications, communicate with you about our Services, and let
you know about our policies and terms. We also use your information to respond
to you when you contact us.
III. How is this information shared?
Your information is shared with others
in the following ways:
All posted content on Photer is public
information which can be seen by anyone, including those without an account. Content includes your Photer username;
any information you share and information in your public profile on Photer. Locations
are central to Photer with the primary purpose of sharing and find interesting
locations to explore.
People can also use our Services, to
create and share content about you with the audience they choose. For example,
people can share a photo of you, mention or tag you at a location in a post, or
share information about you in their posts or comments. If you are
uncomfortable with what others have shared about you on our Services, contact
us at: info@photer.net in order for us
to review the occurrence.
New owner.
If the ownership or control of all or
part of our Services or their assets changes, we may transfer your information
to the new owner.
Vendors and service providers.
We provide information and content to
vendors and service providers who support our business, such as by providing
technical infrastructure services, analyzing how our Services are used,
providing customer service, facilitating payments or conducting surveys.
Law enforcement or legal requests.
We share information with law
enforcement or in response to legal requests.
IV. How do we respond to legal
requests or prevent harm?
We access, preserve and share your
information with regulators, law enforcement or others:
Information we receive about you
(including financial transaction data related to purchases made on our
Products) can be accessed and preserved for an extended period when it is the
subject of a legal request or obligation, governmental investigation, or
investigations of possible violations of our terms or policies, or otherwise to
prevent harm. We also retain information from accounts disabled for terms violations
for at least a year to prevent repeat abuse or other term violations.
V. How will we notify you of changes to this
policy?
If the alterations constitute a material change to the Terms of
Use, we will notify you via internet mail (email) as provided in your account
profile or we will require you to login and give you an opportunity to review
and accept them before continued use of the Photer Service.
VI. How to contact us with questions
If you have questions about this
policy, you can contact us as described below.
You can contact us at: info@photer.net
or by mail at:
Photer, Inc.
ATTN: Privacy Operations
PO Box 2215
Leesburg, VA 20177
VII. Cookies & Other storage
technologies
Cookies are
small pieces of text used to store information on web browsers. Cookies are
used to store and receive identifiers and other information on computers,
phones and other devices. Other technologies, including data that we store on
your web browser or device, identifiers associated with your device and other
software, are used for similar purposes. In this policy, we refer to all of
these technologies as “cookies”.
We use cookies if you have a Photer account, use the Services including our
website and apps, or visit other websites and apps that use the Services
(including the Like button). Cookies enable Photer to offer the Photer Services
to you and to understand the information that we receive about you, including
information about your use of other websites and apps, whether or not you are
registered or logged in.
This policy explains how we use cookies and the choices you have. Except as
otherwise stated in this policy, the Data Policy will apply to our processing
of the data that we collect via cookies.
Privacy Notice for California
Residents
If you are a California resident the
following information may apply regarding your consumer privacy rights.
Date of Last Revision: June 16, 2022
This California Privacy Notice
(“Notice”) is for California residents and supplements our Data Policy. It explains how we collect, use, and
share your Personal Information and how to exercise your rights under the
California Consumer Privacy Act (“CCPA”).
When we say “Personal Information” in this Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you.
How we collect, use, and share Personal Information
To provide the Services or features offered by Photer, Inc. (Service), we must process information about you, including Personal Information, whether or not you are registered or logged in. Subject to the limitations we describe in our Data Policy, we may share your Personal Information for business purposes with strict restrictions on how our partners can use and disclose the data we provide, at your direction, or in ways otherwise in accordance with the CCPA. We don’t sell any of your Personal Information, and we never will.
The best way to learn about the kinds
of information we collect and how we use it is to review
our Data Policy. Here is a summary of the CCPA-related categories of Personal Information we may have collected about you over the past 12 months, depending on how you use our Services, as well as how we use it and with whom we may have shared it.
Categories of Personal Information we collect may include: |
Examples of how Personal Information is used include: |
Parties with whom each category of Personal Information may be shared include: |
· Identifiers; · Data with special protections, if you choose to provide it; · Commercial information, if you choose to provide it; · Photos and face imagery that can be used to create face-recognition templates if you or others choose to provide it and you have the setting turned on. · Internet or other electronic network activity information, including content you view or engage with; · Location-related information, including precise device location if you choose to allow us to collect it; · Audio or visual Information, including photos and videos, if you or others choose to provide it; · Professional or employment information, if you choose to provide it; · Education information, if you choose to provide it; · Financial information, if you choose to provide it; and · Information derived from other Personal Information about you, which could include your preferences, interests, and other information used to personalize your experience. |
· Providing, personalizing, and improving our Services; · Facilitating transactions, providing measurement, analytics, advertising, and other business services; · Promoting safety, integrity, and security; · Communicating with you; and · Researching and innovating for social good. |
· People and accounts you share and communicate with; · People and accounts with which others share or reshare content about you; · Apps, websites, and third-party integrations on or using our Services; · New owners in the event of a change of ownership or control of all or part of our Services or their assets changes; · Partners, including partners who use our analytics services, advertisers, measurement partners, partners offering goods and services in our Services, vendors and service providers, and researchers and academics; · Law enforcement or other third parties in connection with legal requests; and · Photer, Inc. |
To learn more about how we process information, including
other types of Personal Information we collect, return to our Data Policy.
Sources of Personal Information
We receive Personal Information from
the information that you and others provide, from your device(s), and from our
partners. The categories of sources from which we’ve collected or received
Personal Information include:
· You: We collect the content, communications, and other information you provide when you use our Services, including when you sign up for an account, create or share content, and message or communicate with others. We collect information about the people, pages, accounts, hashtags, and groups you are connected to, and how you interact with them across our Services, such as the people you communicate with the most or the groups you are part of. We also collect information about how you use our Services, including ads we serve on and off Photer, such as the types of content you view or engage with, the features you use, the actions you take, the people or accounts you interact with, and the time, frequency, and duration of your activities.
· Other people: We may also receive and analyze content, communications, and information about you that other people provide when they use our Services, such as when others share or comment on a photo of you, send a message to you, or upload, sync, or import your contact information.
· Your device(s): We collect information from and about the computers, phones, connected TVs, and other web-connected devices you use that integrate with our Services, and we combine this information across different devices you use.
· Partners: Advertisers, app developers, and publishers and other partners can send us information for business purposes These partners provide information about your activities off Photer—including information about your device, websites you visit, things you do on their services, and purchases you make. We also receive information about your online and offline actions, and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have rights to collect, use, and share your data before providing any data to us.
How can you exercise your rights provided under the CCPA?
Under the
CCPA, you have the following rights:
· Right to Know: You have the right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices;
· Right to Request Deletion: You have the right to request that we delete your Personal Information that we have collected from you;
·
Right to
Non-Discrimination: We will not discriminate against you for exercising any
of these rights.
To exercise your “right to know” or your “right to request
deletion,” email us at: info@photer.net and request deletion. (See form request below)
Please note that to protect your
information and the integrity of our Services, we may need to verify your
identity before processing your request. In some cases
we may need to collect additional information to verify your identity, such as
a government issued ID.
Under the CCPA, you may exercise these rights yourself or
you may designate an authorized agent to make these requests on your behalf. In
most cases, we will facilitate your request through automated tools available
through your password-protected account.
For information on the CCPA requests we have received,
please see here.
Contact for more information
If you have additional questions about this Notice or how to exercise your rights under the CCPA, please email us at: info@photer.net.
Date of Last Revision: 06/16/2022
California Consumer Privacy Act (CCPA)
Inquiries
If you are a California resident and are requesting more information related to your rights under the California Consumer Privacy Act (“CCPA”) please use the below as a guide to your email information request.
What Service are you submitting a request for?
Please email us with your request from the list below, your full name and your email address to: info@photer.net and we’ll follow up.
Which topic would you like to contact us about under CCPA?
What categories of personal information does Photer collect?
How does Photer use the information it collects?
How does Photer share the information it collects?
I would like to access or download my personal information on Photer.
I would like to delete information about me on Photer.
Your full name
Your email
California
Privacy Rights Report
Services covered in this report
The metrics compiled are based on requests about Photer.
Metrics compiled
Photer is in Beta Test mode, and no California Privacy
Rights requests have been made. This
will be updated at least annually when the App is live and available for
download from Apple App Store or the Google Play Store .
When we are live, we will provide the metrics compiled that are based on CCPA requests from individuals who have submitted a request through Photer’s privacy support channels, including Photer's CCPA-designated user support channels.