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CloudCard Website Terms of Use

Last Revised: 09.01.2023

Disclaimer: Terms of Service in non-English languages intended ONLY for informational purposes

These Website Terms of Use (“Terms”) govern all use of the onlinephotosubmission.com website and all content available at or through the website, as well as all other content hosted on 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 (“CloudCard”, “our”, “us”, or “we”).

Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website or creating an account, you acknowledge our Privacy Policy, you certify that you are at least 13 years of age, and you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use the Website. If these Terms are considered an offer by CloudCard, acceptance is expressly limited to these Terms.

  1. Your Use of the Website. The documents and other information and content available on the Website are referred to as (“Website Content”) Website Content is protected by copyright laws throughout the world. CloudCard grants you a limited, non-exclusive, revocable license to access and use the Website and Website Content and to reproduce portions of the Website Content solely for your non-commercial use, meaning that your use must not be intended for or directed towards commercial advantage or monetary compensation. You must retain all copyright and other proprietary notices on any copies of the Website Content. Using the Website does not give you any ownership rights to the Website or Website Content. Further, nothing in these Terms confers to you any license or right under any patent, copyright, trademark, or other intellectual property right of CloudCard or any third party. CloudCard and its suppliers reserve all rights not granted in these Terms.

    You may not provide any Materials (defined below) or use the Website or Website Content in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Website or any Website feature. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish, or retransmit any Website Content or any portion of the Website Content in any electronic medium or in hard copy, or create any derivative work based on such Website Content or portion thereof, without our express written permission. The Website and Website Content are for informational purposes only and we do not make any recommendations on or via the Website. You should not rely upon the Website or Website Content as the sole basis for any decision or action.

    In addition to any other remedies that may be available to us, CloudCard reserves the right to take any action it deems necessary, including immediately suspending or terminating your account and/or your access to the Website, without liability to you, should you fail to abide by these Terms, or if, in CloudCard’s sole discretion, such action is necessary to protect the rights of other users of the Website. Upon any termination, you must immediately destroy all copies of downloaded Website Content in your possession, custody, or control.

  2. Your Responsibilities. The Website may enable you to submit emails or otherwise provide certain content, photos, data, graphics, or other information (“Materials”) to CloudCard. You can only submit Materials if you own all the rights to them or if the owner has given you permission to submit the Materials. You are entirely responsible for the content of, and any harm resulting from, Materials. That is the case regardless of the form or medium of the Materials. You do not transfer ownership of the Materials you submit, however, by doing so, you grant us the irrevocable right to use, copy, modify, publish, perform, transmit, and display such Materials for any reason whatsoever in accordance with these Terms. We are not responsible for Materials submitted or posted to the Website by others. By operating the Website, CloudCard does not represent or imply that it endorses Materials posted on the Website, or that it believes such Materials to be accurate, useful, non-infringing, or not harmful. CloudCard disclaims any responsibility for any harm resulting from your use of the Website or from any downloading of Materials. We may, but have no obligation to, monitor, edit, or remove Materials that we determine are unlawful, threatening, libelous, defamatory, or otherwise objectionable or violate any third party intellectual property or proprietary rights, or these Terms.

  3. Third Party Content and Websites. We have not reviewed, and cannot review, all of the information or other materials, including 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 non-CloudCard websites and webpages, and is not responsible for their content 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. Such links are provided only as a convenience. You are responsible for taking necessary precautions 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.

  4. Feedback. All information, ideas, suggestions, or other communications you submit or provide to us will be non-confidential and non-proprietary (“Feedback”). Do not submit or provide us with any Feedback that contains information, ideas, or suggestions you consider confidential or proprietary. Unless we agree otherwise in writing, Cloud Card will be entitled to use, disclose, or distribute any Feedback for any purpose whatsoever without any obligation to you.

  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 at support@cloudcard.us. CloudCard will respond to all such notices, including, as appropriate, by removing the infringing material or disabling links to the infringing material. CloudCard will terminate your access to and use of the Website if, under appropriate circumstances, you are determined to be a repeat infringer of the copyrights or other intellectual property rights of CloudCard or others.

  6. Intellectual Property. These Terms do not transfer from CloudCard to you any CloudCard or third party intellectual property, and all right, title and interest in and to such intellectual property will remain (as between you and CloudCard) solely with CloudCard. CloudCard, onlinephotosubmission.com, the onlinephotosubmission.com logo, and all other trademarks, service marks, graphics, and logos (“Marks”) used in connection with the Website are trademarks or registered trademarks of CloudCard or CloudCard’s licensors. Other Marks used in connection with the Website may be the Marks of 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 Marks.

  7. Changes. We reserve the right to (i) modify the Website Content, or (ii) modify, suspend, or discontinue the Website or any part of the Website at any time with or without notice to you. You agree that CloudCard will not be liable to you or to any third party for any modification of the Website Content or any modification, suspension, or discontinuance of the Website.

    We may also change these Terms from time to time for any reason. If we make any changes, we will change the Last Revised date above and post the new Website Terms of Use. You should consult these Terms regularly for any changes. By continuing to use or access the Website, you agree to be bound by our then-current Terms.

  8. Privacy Policy. Please review CloudCard’s Privacy Policy for information about the personal data we collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data.

  9. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” FOR YOUR USE AT YOUR OWN RISK. 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 OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED OR THAT THE WEBSITE CONTENT IS CURRENT, COMPLETE, OR ACCURATE.

  10. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE LEGALLY PROHIBITED, IN NO EVENT WILL CLOUDCARD, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE IN CONNECTION WITH THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, INTERRUPTION OR LOSS OF USE, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) AGGREGATE LIABILITY THAT EXCEEDS FIFTY DOLLARS ($50).

  11. Indemnification. You agree to indemnify and hold harmless CloudCard, its suppliers and 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 Materials or your use of the Website, including, but not limited to, your violation of this Agreement, third party rights, or applicable law. Cloud Card reserves the right, at its own cost, to assume the defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive your access to or use of the Website.

  12. Translation; Non-US Website Visitors. These Terms 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 and the English version, the English version will control.

    This Website can be accessed worldwide and may contain references to products and services not available in your country. These references do not imply that CloudCard intends to provide any products or services in your country. We control and operate the Website, Website Content, and our offerings from the United States. Cloud Card makes no representations that the Website, the Website Content, or any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use the Website or Website Content from other jurisdictions do so at their option and are responsible for compliance with all applicable laws and regulations.

  13. Additional Terms. If you subscribe to our product or service offerings, we will provide such offerings under a separately executed agreement that becomes part of your agreement with us. If there is a conflict between such separate agreement and these Terms, the separate agreement will govern.

  14. Export Restrictions. You may not access, download, use, or export the Website or the Website Content in violation of United States export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available the Website, Website Content, or CloudCard products or services in violation of any such restrictions, laws, or regulations.

  15. Miscellaneous. These Terms and any related action 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, and each party (you and Cloud Card) consents to personal jurisdiction to such court(s) and also waives any right it may otherwise have to challenge the appropriateness of such fora. If any part of these Terms is held invalid or unenforceable, that part will be modified solely to the extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect. A waiver by either party of any term or condition of these Terms Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

  16. 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 some people with disabilities, including but not limited to, some visual impairments. As such, CloudCard will use commercially 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.

    If you have any questions about these Terms, please contact us at support@cloudcard.us.