This is a legal contract. This Policy affects your legal rights and creates certain obligations as a contract between you the user of the Service (as defined below), and Fototwics (as defined below). Please review these terms like you would review any other contract to which you are a party. Because the Service is made available to the public as a whole, Fototwics cannot enter into individual contracts will all of the users of the Service. Accordingly, as is custom in our industry, the burden is placed on you to review this policy and make an independent decision on whether you agree to this policy or not. If you do not understand this policy, or if you do not agree to be contractually bound by this policy, do not use the Service. If you agree to be contractually bound by this policy, proceed to use the Service, it being explicitly agreed that your use of the Service, in any manner whatsoever, serves as your signature to this contract, which includes the requirement that any disputes between the parties shall be resolved by arbitration, as explained more fully in the Terms of Service.
You may access the Fototwics service through many different platforms, whether they now exist or may be later developed. These platforms include, but are not limited to, the Fototwics website, any Fototwics applications (including mobile and “mini” applications), Short Message Service(s) (“SMS”), Application Programming Interface(s) (“API”), email notifications, buttons, widgets, and any other method that provides access to the Fototwics service, and all of these platforms are hereinafter collectively referred to as the “Service”.
Public Use and Dissemination of Content and its Metadata
By using our Service you understand and agree that we are providing a platform for you to post any SMS, API, email notifications, applications, buttons, widgets, data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, comments, any other content and material, and any information, text, graphics, photos or other materials posted, uploaded, downloaded or appearing on or through the Service (collectively, "Content"), to the Service and to share the Content publicly. This means that other Users may search for, see, use, or share any of your Content that you make publicly available through the Service. This information includes not only the Content you post, but also the metadata provided with the Content, including your location, the people you follow, the Content you view and “tag” with various identifiers, messages or “replies” to the Content and many other pieces of information that may not be readily apparent, resulting from your use of the Service
Providing Fototwics Access to your Private Information
You authorize us to use:
Your username, password and e-mail address when you register for a Fototwics account;
Profile information that you provide for your user profile;
Content that you post to or through the Service; and
Communications between you and Fototwics. We may track whether you open an e-mail Fototwics sends to you, and which portions of the e-mails you use and participate in. Note that you may not opt out of such service-related e-mails.
Your device’s “contacts” list if you choose to interact with other users through your device’s contact list.
Your device’s media libraries (e.g., the photos saved on your device) if you choose to use photos or Content contained in your device.
Fototwics Tracks and Analyzes your Private Information
Our own servers, and third-party analytics tools we use, collect information on your device or our Service, or from emails sent by Fototwics to Users, including certain log file information. Fototwics and third party advertisers or service providers may also use “cookies” or similar technologies to track and analyze your information. When third-party websites that integrate Fototwics buttons or widgets first load our buttons or widgets for display, we may also receive information from such third-parties. The type of Information we collect and analyze from all various sources includes your Internet Protocol ("IP") address, the browser you are using, domain names, the web pages you visit, your “add-ons”, the number of clicks, how you interact with links on the Service, and other information that assists us in improving the Service by custom-tailoring it for you.
We may also remotely store one or more data files or similar data structures stored on or associated with your device used to access the Service, which uniquely identify your device. These data files or data structures may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and advertisements.
Users can add Metadata or may have Metadata added to their Content including a keyword descriptor (e.g., to mark keywords when you post a photo), a geotag (e.g., to mark your location to a photo), and comments or other data. This makes your Content more searchable by others and more interactive. If you geotag your photo or tag your photo using a third-party’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) within the Service but also with the third-party.
How We Use Your Information
Your information is used in several ways, including but not limited to retention so you will not have to re-enter it; for marketing purposes (e.g., advertisements and/or endorsements); to monitor metrics (e.g., traffic and demographic patters); to diagnose or fix technology problems; and to automatically update the Service on your device.
We may also share anonymous data with other parties. We may also combine your information with other information and share that aggregated information.
We Share Your Information:
With Affiliates: Businesses that are legally part of the same group of companies that Fototwics is part of, or that become part of that group ("Affiliates") may receive your information.
With Service Providers: Third-party organizations that help us provide the Service to you ("Service Providers") may receive your information with reasonable confidentiality terms.
With Third-Party Advertising Partners: Third-party advertising networks may also receive your information to deliver targeted advertisements.
Changes to your Account:
You can change your account information and profile/privacy settings at any time by visiting settings in your account profile.
You can also permanently delete your Fototwics account. Following termination or deactivation of your account, Fototwics, its Affiliates, or its Service Providers may retain information (including your profile information) and Content for a reasonable time for backup, archival, and/or audit purposes.
If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information. The information that you posted to the Service may still continue to persist and appear within the Service (e.g., if your content has been re-shared by others)
You are responsible for keeping your password secret and secure. We encourage you to use passwords that use a combination of characters and symbols to keep the password secret and secure. Fototwics cannot and will not be liable for any loss or damage arising from your failure to keep your password secret and secure. Your privacy settings may also be affected by changes that third-party services you use to connect to Fototwics, make to their own services. We are not responsible for any privacy or security measures of any third-parties.
The use of the Services is limited to those over the age of 13. If you are aware of a User under the age of 13 using the Service, please contact us.
We Are Not Responsible for Third Party Web-Sites and Services