Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE OJASPHOTO.COM WEBSITES, MOBILE/TABLET APPLICATIONS, AND OTHER ONLINE SERVICES, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM. OJASPHOTO.COM RESERVES THE RIGHT TO UPDATE THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU. YOU MAY ONLY ACCESS OR USE THE OJASPHOTO.COM IF YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE OJASPHOTO.COM.

As used in Terms of Service ("Agreement"), "you", "user" or "your" refers to you or to any other person or business entity you permit to use OjasPhoto.com ("we") on your behalf. "Services" or "Online Services" refers conversion services of OjasPhoto.com. Your use of the Services is expressly conditioned on your compliance with these Terms of Service.

The Services provide a user the ability to transform a file (a "User File") from their original file format to a user-selected file format, and convert from one unit to another. You acknowledge and agree that OjasPhoto.com may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may convert through the Services, the maximum number of hours or days that a file will be stored by the Services, and the maximum number of times a user may access the Services in a given period of time. OjasPhoto.com reserves the right to change or discontinue any of the Services at any time.

While we try to ensure that the Services are error free, we cannot guarantee that User Files or Converted Files will not be deleted or lost. You acknowledge and agree that OjasPhoto.com will not be responsible for any failure of the Services to convert a User File or store a User File or Converted File. You acknowledge and agree that OjasPhoto.com will not be responsible for the deletion of a User File or Converted File stored or processed during the provision of the Services, or for the corruption of or loss of any data, information or content contained in a User File or Converted File. You bear full responsibility for archiving and backing up your User Files and data and sole liability for any lost or irrecoverable User Files or data.

There may be security, transmission or other risks associated with use of the Internet and Online Services and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use Online Services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. This site contains encryption methods that are not supported by all browsers.

OjasPhoto.com respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights, and expressly prohibited under OjasPhoto.com's services.

Participants of OjasPhoto.com's services upload, convert, access and use materials and services at their own risk. OjasPhoto.com does not monitor user content. OjasPhoto.com will not be liable for any damages claimed as a result of OjasPhoto.com's services, information, or products. Each and every Participant is solely responsible for all materials stored with OjasPhoto.com, for accuracy of materials including warranties, and for acquiring all necessary authorizations for hyperlinks and marketing materials. OjasPhoto.com makes no express or implied warranty regarding the accuracy, quality, or nature of information that may be obtained by users or participants from the Internet through the use of OjasPhoto.com's services.

All right, title, and interest in and to the Services are and will remain the exclusive property of OjasPhoto.com. The Services are protected by copyright, trademark, and other laws of both the United Status and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively "Materials"), are provided either by OjasPhoto.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by OjasPhoto.com and/or its Third Party Providers.

6.1 Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons.

6.2 Access, tamper with, or use any non-public areas of the Services or OjasPhoto.com's computer systems or the technical delivery systems of OjasPhoto.com's providers.

6.3 Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures.

6.4 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

6.5 Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.

6.6 Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on OjasPhoto.com servers.

6.7 Impersonate or misrepresent your affiliation with any person or entity. OjasPhoto.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. OjasPhoto.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that OjasPhoto.com has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Online Services contains links to other Internet sites and resources that are not related to or controlled by OjasPhoto.com. OjasPhoto.com assumes no responsibility or liability for any errors or omissions in the materials or information available on or through such other Internet sites or resources. The existence of such links is not an endorsement by OjasPhoto.com of such Internet sites or the resources, contents, or operators thereof. In addition, such other Internet sites and resources may provide less security than OjasPhoto.com and have a privacy policy different than that of OjasPhoto.com. Your access to and use of such Internet sites and resources is at your own risk.

ONLINE SERVICES, INCLUDING ALL CONTENT, SOFTWARE AND INFORMATION MADE AVAILABLE ON ONLINE SERVICES, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OJASPHOTO.COM MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE TO USE ONLINE SERVICES AND ANY MATERIALS OR INFORMATION PROVIDED BY OJASPHOTO.COM (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) AT YOUR SOLE RISK AND THAT OJASPHOTO.COM CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE INFORMATION ACCESSIBLE FROM ONLINE SERVICES WILL BE FREE OF COMPUTER VIRUSES. OJASPHOTO.COM RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF ONLINE SERVICES AT ANY TIME, FOR ANY REASON AND WITHOUT NOTICE TO YOU.

OJASPHOTO.COM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, OPPORTUNITIES, PROFITS OR DATA, WHETHER ARISING FROM OR RELATED TO ANY ACTION IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF ONLINE SERVICES OR THE MATERIALS AND INFORMATION CONTAINED HEREIN OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, LINE SYSTEM FAILURE, LOSS OF DATA, LOSS OF USE, OR OTHER DEFECT RELATED TO ONLINE SERVICES, EVEN IF OJASPHOTO.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Users shall not transmit any material or information to OjasPhoto.com that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law. Users are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of OjasPhoto.com. Any attempted violation of law may result in litigation against the offender by OjasPhoto.com or any proper authority. OjasPhoto.com will fully comply with applicable authorities to provide any information necessary for the litigation process.

OjasPhoto.com respects the privacy of others. These Terms of Service incorporate the terms of OjasPhoto.com's Privacy Policy.

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

13.1 User may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

13.2 Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond OjasPhoto.com's control.

13.3 You represent and warrant to OjasPhoto.com that (a) you are not a competitor of OjasPhoto.com, (b) you shall keep publicly unannounced information and materials pertaining to OjasPhoto.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the OjasPhoto.com Web site or use of the OjasPhoto.com Services to compete with OjasPhoto.com in its business.

Your access to and use of Online Services and these terms of use shall be governed by and construed in accordance with the laws of the United States. The failure of OjasPhoto.com to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Your use of OjasPhoto.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, or if you have any questions about these Terms of Service, please contact us.