Terms of Service

The Gist

We at PompousPhotos.com (“we”, “our”, “us”, "PompousPhotos", the "Site") run a web service where you, the "User" (“you”, “your”, and “yours”) can create and share presentations right from your web browser (the “Service”). We would love for you to use our Service located at www.pompousphotos.com (the “Site”). We offer it FREE to you (a PompousPhotos Free account), "as is", without any express or implied warranty. PompousPhotos Paid accounts will be developed in the future; upgrading to a paid account is optional. Your presentations are available online, and, as such, you are responsible for what you publish. Any redistribution, retransmission or publication of any copyrighted material (e.g. photos, images, videos, audios) is strictly prohibited without the express written permission of the copyright owner. All your presentations are publicly accessible to anyone who has the presentation URL (note: search engines cannot find your presentations). Continue reading to understand what is prohibited.


The Full Version

The following Terms of Service apply when you visit our Site and/or view or use the Service. Please review the following terms carefully. By accessing or using the Service, you expressly agree to and consent to be bound by these Terms of Service. If you do not agree to these Terms of Service or our Privacy Policy (located at https://www.pompousphotos.com/privacy) (the “Privacy Policy”), you may not, and you do not have our authorization, to access or use the Service or any portion of the Site. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PompousPhotos’ Privacy Policy) and procedures that may be published from time to time on this Site by PompousPhotos (collectively, the "Agreement").

The following terms and conditions govern all use of the Site and all content, services and products available at or through the Site, including, but not limited to, PompousPhotos Free ("free accounts"), and any future PompousPhotos paid accounts. Content displayed on the Site (the “Site Content”), excluding presentations created by Users, have copyrighted protection under the laws of the United States and other copyright laws and PompousPhotos is the sole exclusive owner of such Site Content. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Site Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site. You agree not to use any PompousPhotos logo or any other proprietary graphic or trademark without our express written consent. Title, ownership rights, and intellectual property rights in and to the Site Content, and any copies or portions thereof, shall remain in PompousPhotos. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.

Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon your registration for an account, PompousPhotos hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Site.

Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If these terms and conditions are considered an offer by PompousPhotos, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old and you represent that you are over the age of 13 and have the power, authority or consent to enter into and perform your obligations under the Agreement.

Your PompousPhotos Account, Presentations and Site.
If you create an Account on the Site, you are responsible for maintaining the security of your account and your Presentations, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Presentations. You agree to:
  • provide true, accurate, current and complete information about yourself when registering for an account including credit card information (if applicable),
  • authorize PompousPhotos to charge your credit card for all fees, as applicable.
You must immediately notify PompousPhotos of any unauthorized uses of your Presentations, your Account or any other breaches of security. PompousPhotos will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If you provide any information that is untrue, inaccurate, not current or incomplete, or PompousPhotos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Responsibility of Contributors.
If you create Presentation(s), post, upload or display material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By using the Service and/or making Content available, you represent and warrant that:
  • the posting, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (a) received permission from your employer to post or make available the Content, including but not limited to any software, or (b) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • your use of the Service and/or your Content is not harmful, abusive, harassing, obscene, libelous, fraudulent, deceptive or pornographic, does not contain threats or incite violence, and does not violate the legal, privacy or publicity rights of any third party;
  • your Presentations are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Presentations or Content does adversely affects or reflects negatively on PompousPhotos’ goodwill, name or reputation or causes duress, distress or discomfort to PompousPhotos or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site, or from advertising, liking or becoming a supplier to use in connection with the Site;
  • you will not act, or fail to act, in your use of the Service, in a manner that is contrary to applicable law or regulation;
  • your Presentations are not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PompousPhotos or otherwise.
Content and Ownership.
By submitting Content to PompousPhotos, you (a) grant PompousPhotos a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Presentations, and (b) further acknowledge and agree that your name and/or likeness may be associated with your Content and Presentations and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name and likeness in association with your Content; In addition, you acknowledge and agree that:
  • You shall have no recourse against PompousPhotos for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us (if any).
  • If you delete Content, PompousPhotos will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable and that PompousPhotos may retain archived copies of the Content.
  • Without limiting any of those representations or warranties, PompousPhotos has the right (though not the obligation) to, in PompousPhotos’ sole discretion (a) refuse or remove any Presentation and/or Content that, in PompousPhotos’ reasonable opinion, violates any PompousPhotos policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Site and/or Service to any individual or entity for any reason, in PompousPhotos’ sole discretion. PompousPhotos will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Site Visitors.
PompousPhotos has not reviewed, and will not review the material you posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. Any opinions expressed on the Site are the personal opinions of the original author and not of PompousPhotos, even though the original author may be employed by PompousPhotos. By operating the Site, PompousPhotos does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PompousPhotos disclaims any responsibility, and you agree that PompousPhotos is not responsible or liable, for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PompousPhotos links, and that link to PompousPhotos. PompousPhotos does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a third-party website or webpage, PompousPhotos does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PompousPhotos disclaims any responsibility for any harm resulting from your use of third-party websites and webpages and you agree that PompousPhotos is not (a) liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party websites, and (b) responsible for any form of transmission received from any link, nor is PompousPhotos responsible if any of these links are not working appropriately.
Copyright Infringement and DMCA Policy.
As PompousPhotos asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PompousPhotos violates your copyright, you are encouraged to notify PompousPhotos as stated herein. PompousPhotos will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PompousPhotos will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PompousPhotos or others. In the case of such termination, PompousPhotos will have no obligation to provide a refund of any amounts previously paid to PompousPhotos. To make a claim, please provide the following:
  • A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • A description of the copyrighted work or other intellectual property that You claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit PompousPhotos to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  • Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at support@pompousphotos.com.
Intellectual Property.
This Agreement does not transfer from PompousPhotos to you any PompousPhotos or third party intellectual property. All rights, title and interest in such property remains solely with PompousPhotos. Trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any PompousPhotos or third-party trademarks.
Advertisements.
PompousPhotos reserves the right to display advertisements on your Presentations unless you have purchased a paid account.
Attribution.
PompousPhotos reserves the right to display attribution links such as ‘Created with PompousPhotos’ in your Presentations. Footer credits may be removed for PompousPhotos Paid accounts.
Changes.
PompousPhotos reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. PompousPhotos may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Account Termination.
PompousPhotos reserves the right to decide whether your Content violates these Terms of Service due to copyright infringement, or for other reasons, such as, but not limited to, pornography or obscenity. PompousPhotos may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Disclaimer of Warranties.
The Site is provided “as is”. PompousPhotos and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PompousPhotos nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. PompousPhotos MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
Waiver and Release.
You agree that neither PompousPhotos nor its officers, directors, employees, agents, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Services or the Site. You specifically acknowledge that PompousPhotos shall not be liable for Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims you may have against PompousPhotos, its officers, directors, employees, agents, licensors or suppliers (including, but not limited to, claims based upon the negligence of PompousPhotos, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the Site or the Services.
Limitation of Liability.
Notwithstanding the foregoing paragraph, in no event will PompousPhotos, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental, punitive or consequential damages; (b) the cost of procurement for substitute products or services; (c) for interruption of use or loss or corruption of data; or (d) for any amounts that exceed the fees paid by you to PompousPhotos under this agreement during the twelve (12) month period prior to the cause of action. PompousPhotos shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (a) your use of the Site will be in strict accordance with the PompousPhotos Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (b) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless PompousPhotos, its officers, directors, employees, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use (or by any person accessing the Site using your account) of the Site (including infringement of third parties’ worldwide intellectual property rights), including but not limited to your violation of this Agreement.