Terms of Service

The following terms and conditions govern all use of the onlinephotosubmission.com website and all content, services and products available at or through the website, including, but not limited to, the Cloud Card web application located at onlinephotosubmission.com (“Cloud Card”) and all other services and content hosted at onlinephotosubmission.com and/or any of its subdomains and/or any associated domains and/or emails sent from onlinephotosubmission.com, its subdomains or associated domains, (taken together, the Website). The Website is owned and operated by Cloud Card, LLC.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CloudCard, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. In the event of a conflict between these Terms of Service and any other Agreement, CloudCard’s  terms of service will govern.

  1. Your onlinephotosubmission.com Account and Data. By accessing an account on the Website, you agree to be responsible for maintaining the security of your account, photo(s), and/or other uploaded data (“Account”); and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with the Account. You must not post any photos or other data to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CloudCard may change or remove any photo(s) and/or data that it considers inappropriate or unlawful, or otherwise likely to cause CloudCard liability. You must immediately notify CloudCard of any unauthorized uses of your Account, your photo or any other breaches of security. CloudCard 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.

  2. Responsibility of Contributors. If you access an account, post a photo to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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 or graphics/photos. By making Content available, you represent and warrant that:

      • the 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 another party has rights to intellectual property you submit to CloudCard, you have either (i) received permission from the other party to post or make available the Content, or (ii) secured from the other party 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);

      • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; and

      • your photo is not presented in a manner that misleads others into thinking that you are another person or company.

    By submitting Content to CloudCard for inclusion on your account, you grant CloudCard a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for purposes reasonably associated with transmitting the Content to the intended recipient(s). This license allows CloudCard to make the Content available to third parties selected by CloudCard so that these third parties can facilitate transmission of the Content to the intended recipient(s).

    If you delete Content, CloudCard will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.  In addition, the Content may have already been transmitted to or downloaded by authorized third parties.

    Without limiting any of those representations or warranties, CloudCard has the right (though not the obligation) to, in CloudCard’s sole discretion (i) refuse or remove any content that, in CloudCard’s reasonable opinion, violates any CloudCard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CloudCard’s sole discretion. CloudCard will have no obligation to provide a refund of any amounts previously paid.

  3. Responsibility of Website Visitors. CloudCard has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CloudCard 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. It is possible that Website users will submit Content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Furthermore, it is also possible that Website users will submit Content which contains 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. CloudCard does not endorse the submission of such Content and disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through websites and webpages to which the Website links, and that link to the Website. CloudCard does not have any control over those non-CloudCard websites and webpages, and is not responsible for their contents or their use. By linking to a non-CloudCard website or webpage, CloudCard 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. CloudCard disclaims any responsibility for any harm resulting from your use of non-CloudCard websites and webpages.

  5. Copyright Infringement. As CloudCard 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 the Website violates your copyright, you are encouraged to notify CloudCard. CloudCard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CloudCard will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CloudCard or others. In the case of such termination, CloudCard will have no obligation to provide a refund of any amounts previously paid to CloudCard.

  6. Intellectual Property. This Agreement does not transfer from CloudCard to you any CloudCard or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CloudCard. CloudCard, onlinephotosubmission.com, the onlinephotosubmission.com logo, and all other trademarks, service marks, graphics and logos used in connection with onlinephotosubmission.com, or the Website are trademarks or registered trademarks of CloudCard or CloudCard’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CloudCard or third-party intellectual property or trademarks.

  7. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using onlinephotosubmission.com within the designated notice period. Your continued use of onlinephotosubmission.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  8. Termination. CloudCard may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.  If such a termination is determined by CloudCard, at CloudCard’s sole discretion, to be without cause, CloudCard will refund a portion of the annual subscription for each unused month or for the unused portion of photo requests whichever is less.  If you wish to terminate this Agreement or your onlinephotosubmission.com account (if you have one), you may simply discontinue using the Website. Your discontinued use of the Website does not obligate CloudCard to provide a refund of any amounts previously paid to CloudCard. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  9. Disclaimer of Warranties. The Website is provided “as is”. CloudCard 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 CloudCard nor its suppliers and licensors, makes any warranty that the Website 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 Website at your own discretion and risk.

  10. Limitation of Liability. In no event will CloudCard, 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: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data; CloudCard shall have no liability for any failure or delay due to matters beyond their reasonable control.
    Notwithstanding any term of any other agreement, unless such term specifically overrides this agreement by name, by using the Website, you agree that under no circumstances shall CloudCard be liable for any damages in excess of the amount already paid by you for your current annual subscription. The foregoing shall not apply to the extent prohibited by applicable law.

  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the CloudCard 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 (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  12. Indemnification. You agree to indemnify and hold harmless CloudCard, its 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 of the Website, including but not limited to your violation of this Agreement.

  13. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

  14. Miscellaneous. This Agreement constitutes the entire agreement between CloudCard and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CloudCard, or by the posting by CloudCard of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lynchburg, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration rules of an arbitration service, which shall be selected by CloudCard. The arbitration shall take place in Lynchburg, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CloudCard may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

  15. Accessibility. While it is the intention of CloudCard that the Website be accessible to all people.  There are some activities required by the Website, which are naturally inaccessible to the some people with disabilities including but not limited to some visual impairments.  As such, CloudCard will make all reasonable efforts to make the Website comply with the W3C's Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.1 for web content; however CloudCard does not warrant or guarantee that the Website complies with these or any other accessibility guidelines in cases where strict compliance would be unreasonable or inapplicable.