Last Modified: October 15th, 2012
Thank you for using PholioMe! These terms of service (the Terms) govern your access to and use of PholioMe (we or our) websites and services (the Services), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms . If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, you and your will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with PholioMe and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
By using our Services you provide us with information, files, and folders that you submit to PholioMe (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that PholioMe has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. PholioMe has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not PholioMe, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not PholioMe, are responsible for maintaining and protecting all of your stuff. PholioMe will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify PholioMe of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to PholioMe, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Some use of our Service requires you to download a client software package (Software). PholioMe hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Our pause syncing feature pauses syncing of your files, but may not cease all data transfer, so you should exit the desktop client if you’d like to stop data transfer.
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the PholioMe trademarks, logos, domain names, or other brand features.
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the PholioMe Acceptable Use Policy.
The Services may contain links to third-party websites or resources. PholioMe does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED AS IS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it’s just that these disclaimers are really important, so we want to highlight them). PholioMe will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PholioMe, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PholioMe HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO PholioMe FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY WEST VIRGINIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and PholioMe with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. PholioMe’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but PholioMe may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. PholioMe and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Last Modified: October 15, 2012
This PholioMe Agreement (the "Agreement") is between PholioMe, Inc., a West Virginia corporation ("PholioMe") and Customer or End User, as applicable. This Agreement governs access to and use of the PholioMe for Leagues services and any client software (the "Services" or "PholioMe for Leagues" or "Leagues").
The Customer ordering the Services: If you are ordering the Services, then by clicking "I Agree," signing your contract for the Services or using PholioMe, you agree to this Agreement as a "Customer." If you are agreeing to this Agreement for use by an organization, you are agreeing to this Agreement on behalf of that organization. You must have the authority to bind that organization to this Agreement, otherwise you must not sign up for the Services.
Last Modified: October 15, 2012
We may collect and store the following information when running the PholioMe Service:
Information You Provide. When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home, business postal addresses, insurance numbers, emergency contacts. When you invite others to join PholioMe by using our referral page, we send them a one-time email for that referral. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer PholioMe to you.
Files. We collect and store the files you upload, download, or access with the PholioMe Service (“Files”). If you add a file to your PholioMe that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
Log Data. When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.
Cookies. We also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
Personal Information. In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.
Geo-Location Information. Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos and videos you place in PholioMe may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
Your Use. We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.
Compliance with Laws and Law Enforcement Requests; Protection of PholioMe's Rights. We may disclose to parties outside PholioMe files stored in your PholioMe and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of PholioMe or its users; or (d) to protect PholioMe’s property rights. If we provide your PholioMe files to a law enforcement agency as set forth above, we will remove PholioMe’s encryption from the files before providing them to law enforcement. However, PholioMe will not be able to decrypt any files that you encrypted prior to storing them on PholioMe.
Non-private or Non-Personal Information. We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. For questions about your Personal Information on our Service, please contact firstname.lastname@example.org. We will respond to your inquiry within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.
If you have a PholioMe for Leagues account, your Administrator may be able to:
Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. For questions about your Personal Information on our Service, please contact email@example.com.
Our Site includes links to other Web sites whose privacy practices may differ from those of PholioMe. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can view our Security Overview Page or contact us at firstname.lastname@example.org.
Our Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information from our files.
PholioMe accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Premium Account you select. If any fee is not paid in a timely manner, or PholioMe is unable to process your transaction using the credit card information provided, PholioMe reserves the right to revoke access to your PholioMe account and Files. If you do not bring your PholioMe balance current within five (5) days after PholioMe provides you with notification that your account is in arrears, PholioMe reserves the right to use our discretion to delete some or all of Your Files.
The fees for your Premium Account will be billed from the date you elect, or convert to, a Premium Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Click on the link on your "Account" page to see the commencement date for your next renewal period. PholioMe will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Premium Account. In the event your Premium Account began on a day not contained in a given month or year, PholioMe will bill your credit card on the last day of such month or year. For example, if your Premium Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. PholioMe may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
PholioMe may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the PholioMe constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Your PholioMe Premium Account will continue in effect unless and until you cancel your Premium Account or we terminate it. You must cancel your Premium Account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. PholioMe will bill the monthly or yearly fees associated with your Premium Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
PholioMe Premium Accounts are prepaid and are non-refundable. PholioMe DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your PholioMe Premium Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Premium Account you may do so via your "Account" page. Should you elect to cancel your Premium Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a PholioMe Premium Account and providing PholioMe with your payment account information, you hereby agree to these payment terms and conditions.
PholioMe reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then PholioMe may delete any or all of Your Files without providing additional notice.
For further information regarding your PholioMe Premium or Free Account, please see the PholioMe Terms of Service.
We provide this overview so that you can better understand the security measures we’ve put in place to protect the information that you store using PholioMe.
We encrypt the files that you store on PholioMe using the AES-256 standard, which is the same encryption standard used by banks to secure customer data. Encryption for storage is applied after files are uploaded, and we manage the encryption keys.
PholioMe also employs significant protection against network security issues such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing.
Your files are sent between PholioMe’s desktop clients and our servers over a secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.
Your files are sent between PholioMe’s mobile apps and our servers over a secure channel using 256-bit SSL encryption where supported. Not all mobile media players support encrypted streaming, so media files streamed from our servers are not always encrypted.
PholioMe keeps redundant backups of all data over multiple locations to prevent the remote possibility of data loss. In the unlikely event that this redundancy were to fail, PholioMe folders linked to a desktop computer client will still contain copies of your files.
We guard your privacy to the best of our ability and work hard to protect your information from unauthorized access.
If you choose to access PholioMe using third-party applications (“apps”), be aware that those apps utilize their own security protocols and have their own privacy policies. If you’re not comfortable with the privacy and security features of those apps, you shouldn’t use them to access PholioMe. For example, third-party apps might not employ encryption when transmitting data, might collect information that PholioMe does not, and might use information differently than PholioMe does.
PholioMe applies encryption to your files after they have been uploaded, and we manage the encryption keys. Users who wish to manage their own encryption keys can apply encryption before placing files in their PholioMe. Please note that if you encrypt files before uploading them, some features will not be available, such as creating public links. Doing so will also make it impossible for us to recover your data if you lose your encryption key.
We take a number of measures to ensure that the data you store on PholioMe is safe and secure. While we're very confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate to make sure that our security measures are state of the art, and we will investigate any and all reported security issues concerning PholioMe's services or software. For a direct line to our security experts, report security issues to firstname.lastname@example.org.
We'll fully credit anybody whose reports lead to the improvement of PholioMe security.
PholioMe is used by thousands of people, and we are proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the PholioMe services. For example, you must not, and must not attempt to, use the services to do the following things.