Terms of Use Agreement
Welcome to Safehill! This Terms of Use Agreement ("Agreement") governs your access to and use of our platform and services. By using our platform, you agree to be bound by the terms and conditions set forth in this Agreement.
You must be at least Seventeen (17) years old to use the App. If you are not yet 17 years old, please do not use the App
We believe strongly that your content (Photographs, messages, etc.) should remain your property and, as described below, Safehill requires a license only to legally display them through the App. We will not use content without your permission and you may revoke your permission for display on the App at any time. Safehill will not sell or share your content to anyone.
Definition of Terms
“App” means this site and associated sites or applications including any and all audio and/or visual elements thereof, created, licensed or owned by Safehill or by Safehill’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the App, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
“User Content” means any images, pictures, or other media uploaded by you or other users of the App.
“IPR” means any rights in or to, but not limited to, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
1. User Conduct
1.1 Compliance with Laws and Regulations:
You agree to comply with all applicable laws, rules, and regulations in your use of our platform. You are solely responsible for ensuring that your use of our platform is lawful.
1.2 Prohibited Activities:
You agree not to engage in any of the following prohibited activities:
-
Violating any applicable laws, rules, or regulations;
-
Impersonating any person or entity or falsely representing your affiliation with any person or entity;
-
Posting, transmitting, or disseminating any unlawful, harmful, obscene, offensive, or otherwise objectionable content;
-
Interfering with or disrupting the integrity or performance of our platform or any related servers or networks;
-
Accessing or attempting to access data or information that you are not authorized to access;
-
Engaging in any activities that could harm, disable, overburden, or impair our platform or interfere with other users' enjoyment or use of our platform.
1.3 User Submissions:
During your use of the app, you will be able to upload User Content, comments, messages or other materials or files, including, without limitation, names or likenesses (all whether concerning you or a third party) (collectively, the “Submissions”) to the App, whether or not requested to do so by Safehill. You shall be deemed to have granted Safehill a worldwide, royalty-free, non-exclusive, transferable (as described herein), licensable, license to cache, copy, distribute, transmit, publicly display, the Submissions on the App. You will own all IPR in and to your user submissions, you are just licensing the Submissions to Safehill for display purposes on the app.
2. Intellectual Property
2.1 Ownership of Content:
Safehill does not own user content and will not display, sell or share user content in any place other than the app. User content can be removed by the users that own the content at any time. All non user content on our platform, including but not limited to text, graphics, logos, images, and software, is the property of Safehill or its licensors and is protected by copyright, trademark, and other intellectual property laws.
The App and all IPR therein is owned by Safehill and/or its content providers (including its users who retain ownership of their content) and other licensors, and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by Safehill, you agree not to: (1) commercialize, capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the App and the IPR, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the App (each of the foregoing, “Unauthorized Conduct”).
2.2 Limited License:
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our platform for personal, non-commercial purposes. You may not modify, reproduce, distribute, transmit, display, perform, or create derivative works from any content on our platform without our prior written consent.
3. Privacy
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, store, and disclose your personal information.
4. Third-Party Links and Content
Our platform may contain links to third-party websites or services that are not owned or controlled by Safehill. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party website or service. You access and use such third-party websites or services at your own risk.
5. Disclaimer of Warranties and Limitation of Liability
5.1 No Warranty:
Our platform is provided on an "as is" and "as available" basis. We do not warrant that our platform will be uninterrupted, error-free, or free from viruses or other harmful components. We make no representations or warranties of any kind, whether express or implied, regarding the accuracy, reliability, or completeness of any content on our platform.
5.2 Limitation of Liability:
To the fullest extent permitted by applicable law, Safehill and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our platform, including but not limited to loss of profits, data, or reputation, even if we have been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify and hold harmless Safehill and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in connection with your use of our platform or any violation of this Agreement.
7. Amendments
We reserve the right to amend or modify this Agreement at any time. Any changes will be effective immediately upon posting on our platform. Your continued use of our platform after any such modifications shall constitute your acceptance of the modified Agreement.
8. Termination
We may terminate or suspend your access to our platform, with or without cause, at any time and without prior notice. Upon termination, your right to access and use our platform will cease immediately.
9. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of United States and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of California in San Francisco county . Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through arbitration in accordance with the rules of San Francisco, California.
10. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and Safehill and supersedes any prior agreements, understandings, or representations, whether oral or written.
12. Contact Us
If you have any questions or concerns regarding this Agreement, please contact us at support@safehill.io.