Welcome to MyShoebox! Couch Labs INC. (“we”/”us”) make the website shoeboxapp.com (the “Website”) available together with the MyShoebox application so you can access and store your photos securely and use other custom features of our services (together the “Services”). These Terms of Service (“Terms”) constitute a legal agreement between you and us and governs your use of the Services. BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES.
The Services. MyShoebox allows subscribers to upload, share and store photos. In order to access the Services and start managing your photos across devices, you must be a registered user and you can use the Services from a computer and/or a personal mobile device if you have downloaded the MyShoebox application. The Services include a free trial basis of a premium version of the Services for a limited period of time, after which you may either obtain a paid subscription or use the free tier of the Services. Further details about our billing and pricing can be found at shoeboxapp.com/pricing.
Content & Licensed Access. You retain full ownership to your photos. We don’t claim ownership of the content you provide to the service. Your content remains your content. These Terms only grant us the limited rights that are needed to provide the Services. By submitting, uploading, posting or displaying photos on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content as required to provide the Services to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. In order to provide the Services, we need the rights to make technical decisions on how to provide and administer the Services. This includes, but is not limited to, how to store your photos, how to secure your photos and when to transmit your content (for example, when you access photos from your mobile device). These rights extend to third parties we work with to provide the service, such as our hosting providers.
Restrictions on User Content and Use of the Service. We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Services you shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
any material that could damage or harm minors in any way.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
collect or store personal information about other users;
access, tamper with, or use non-public areas of the service, shared areas of the service you have not been invited to, MyShoebox (or our service providers’) computer systems;
license, sell, or otherwise commercially exploit the Services);
access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”)
You also agree not to access the Website or Services in a manner that utilizes resources more heavily than would be the case for an individual person for example through storage in excess of what would be reasonable for a personal photo collection and use of bandwidth in excess of what could be used via normal usage. We reserve the right to suspend accounts for consuming excessive resources.
Copyright Policy. We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent - Couch Labs INC, 375 King St W, Unit 2109, Toronto, ON, Canada.
End User License. The Services and the information and materials that it contains, are the property of Couch Labs INC. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the MyShoebox application on each mobile device that you own or control for your use. The MyShoebox App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Couch Labs or MyShoebox names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.
DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
Termination. We may, under certain circumstances terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by us in our sole discretion and that weshall not be liable to You or any third-party for any termination of Your access to to removal of any of the materials uploaded by You through the Services.
Availability & Changes. We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice.
We may revise these Terms from time to time and the most current version will always be posted on the 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.
Security. The MyShoebox application attempts to use a secure connection when transmitting sensitive information including your data, identity and password. However, we cannot and do not make any representation or warranty concerning security of the communication to or from the service. Do not attempt to connect to the service using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms please contact us at: email@example.com.
Last Updated: October 16, 2012