Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using our website or products.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Phone2Frame and its licensors.

Software License

The Photo Backup Stick PRODUCTS contain software by purchasing and using PRODUCTS, you agree to the following license agreement:

IMPORTANT – READ CAREFULLY: This licensing agreement (“Agreement”) is a legal agreement between You, either an individual or a single entity, and the Licensor. By opening, using or installing this Software, You agree to each and every term contained herein. If you do not agree to each and every term, you are not to open, use or install the Software and must either return the Software, documentation and packaging to the place of purchase or, in the case of downloaded Software, delete the Software from Your computer and/or any other data storage device.

LICENSE GRANT

Licensor hereby grants to You, and You accept, a non-exclusive license to use the software, including the software contained therein in object-code-only form (“Software”), and Documentation, only as authorized in this License. You agree that You will not assign, sub license, transfer, pledge, lease, rent, or share Your rights under this License.

ILLEGAL USE

You are not to use the Software, whether directly or indirectly, for any illegal purpose under the laws or ordinances of Federal, State, or local governments. It is Your sole responsibility to know and understand the laws and/or ordinances that govern the use of the Software. In the event that You violate any Federal, State or local law or ordinance by direct or indirect use of the Software, You shall take full legal responsibility for such illegal use. Any use ordered by a Court of competent jurisdiction shall be allowed. You shall take full legal responsibility for any use that is outside of the specific provisions of the Court Order. You shall hold Licensor harmless and without fault and otherwise indemnify Licensor for any damage, cost or liability incurred by Licensor as a result of any use, whether or not such use is within the scope of the license set forth herein.

LICENSOR’S RIGHTS

You acknowledge and agree that the Software and Documentation consists of proprietary, published and unpublished property of Licensor, protected under United States copyright law and trade secret laws of general applicability. You further acknowledge and agree that all right, title, and interest in and to the Software and Documentation are and shall remain with Licensor. This License does not convey to you an interest in or to the Software and Documentation, but only a limited right of use revocable in accordance with the terms of this License. With the exception of the laws specifically prescribed by the Digital Millenium Act, you are not to reverse engineer the software for any purpose.

TERM

This License is effective upon Your running the software on any machine, and shall continue until terminated. You may terminate all copies of the software that may be located on any systems owned or controlled by You or upon which You know a copy of the Software has been placed. Licensor may terminate this License upon the breach by You of any term hereof. Upon such termination by Licensor, You agree to erase all copies of the Software that may be located on any systems owned or controlled by You or upon which You know a copy of the Software has been placed.

LIMITATION OF LIABILITY

LICENSER’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE OR THE USE OF THE SOFTWARE SHALL BE LIMITED TO REPLACEMENT OF THE SOFTWARE AND, IN ANY EVENT, SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE SOFTWARE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY SIMILAR CLAIMS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GOVERNING LAW

This License shall be construed and governed in accordance with the laws of the State of Utah. Any dispute arising out of or with respect to this License between You and Licensor shall be solely adjudicated by the competent Federal or State court situated in Salt Lake City, Utah. You and Licensor consent to the venue and jurisdiction of such court for purposes of any such dispute.

SEVERABILITY

Should any term of this License be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

SOVEREIGN IMMUNITY

Where you are an agency or instrumentality of a state foreign to the United States of America, You hereby waive, with respect to actions relating to the subject matter of this License any immunity from the personal and subject matter jurisdiction of courts of the United States of America or of the several states thereof, and any immunity from attachment in aid of execution or from execution upon its property.

NO WAIVER

The failure of Licensor to enforce any rights hereunder or to take action against You in the event of any breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or subsequent actions in the event of future breach.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Phone2Frame.

Phone2Frame has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Phone2Frame shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those 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 Service.

Contact Us

If you have any questions about these Terms, please contact us.