Terms of Service

Last updated: November 30, 2012

Introduction

Welcome to PhotoCat.com, a property of CommSource Tech. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "PhotoCat," "PhotoCat.com," "CommSource Tech," "us," "we," and "our," refer to us, CommSource Tech, our website, Photocat.com, or our service, PhotoSugar, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.

Description of Service

PhotoCat is an all-in-one app for editing, collage making and everything else in-between needed to enhance your photos.

Information Supplied

This policy may change from time to time, but if it does, we will post any changes up on this page. If there are any significant changes, we will provide a more prominent notice on our site.

You must be at least thirteen to use our service. By providing the above information and accessing our site, you represent to us that you are at least thirteen years of age.

Disclaimer

PhotoCat is an all-in-one app for editing, collage making and everything else in-between needed to enhance your photos.

Sharing Your Content and Information

You own all of the content and information you post on PhotoCat, and you can choose whether or not to make any PhotoCat picture public by submitting it to the public PhotoCat gallery when you save your image.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you publish a PhotoCat image and make it “public”, it means that you are allowing everyone, including people off of PhotoCat.com, to view that image, and to associate it with your PhotoCat username and/or your linked Facebook profile.

Information We Receive From Facebook

When you visit this application, it may collect any information you have made visible to Everyone on Facebook as well as the information Facebook designates as your publicly available information. This includes your name, profile picture, gender, current city, networks, friend list, and pages you are a fan of. Even if you have not allowed this application access, it may collect Information We Receive From Facebook about you when friends on Facebook allow access to and use the application, subject to your Facebook settings. We use this information to operate the application, such as posting to your wall or sharing with other users. As such, you must follow and comply with all of Facebooks policies and rules.

Safety

We do our best to keep PhotoCat safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on PhotoCat.
You will not collect users' content or information, or otherwise access PhotoCat, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use PhotoCat to do anything unlawful, misleading, malicious, or discriminatory.
You will not try to hack or manipulate PhotoCat in any way.
You will not do anything that could disable, overburden, or impair the proper working of PhotoCat, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement. 

Registration and Account Security

PhotoCat users are NOT required to provide their real names or any other information that may be used to identify them except a valid e-mail address or a “connection” to a valid Facebook profile. In order to help maintain the security of PhotoCat:
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use PhotoCat if you are under 13 without the supervision of a parent or legal guardian.
You will not use PhotoCat if you are a convicted sex offender.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating photographs or user information from our website without our consent.

Trademarks

PhotoCat is a trademark used by us, CommSource Tech, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

Representations & Warranties

ALL PHOTOCAT SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, PHOTOCAT, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," PHOTOCAT EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third party Providers have no warranty obligation to You whatsoever. To the extent that PhotoCat has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any. Other than this limited remedy, PhotoCat, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the PhotoCat Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the PhotoCat Services.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.