INTENT
NowAnThen is an online photography platform that allows users to upload their photographs (“Images” or “Submissions”) and caption information, organize them into timelines (“Timelines”) and share them with friends, family, and the world. It will gradually become a searchable archive of photos – allowing viewers to visit any time or place in our shared photographic history.
READ THIS test
This Terms of Use Agreement (‘‘Agreement’’) is made by and between NowAnThen a division of Wonderful Machine Inc. with offices at 260 Haverford Ave. Narberth, PA 19072 (‘‘NowAnThen’’) and you (‘‘you,’’ “your,’’ or ‘‘User’’). This Agreement contains the terms and conditions that govern your use of the NowAnThen website (“website” or "site").
By clicking the ‘‘I accept the Terms of Use’’ button or by accessing, visiting, browsing, using, or attempting to interact with any part of this web site, or other NowAnThen software, services, websites or any of NowAnThen’s licensees services or software (collectively ‘‘services’’), you agree that you have read, understand, and agree to be bound by this agreement. If you do not agree to be bound by this agreement, do not access or use any part of this website.
NowAnThen reserves the right, from time to time, with or without notice to you, to make changes to this agreement in NowAnThen’s sole discretion. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the ‘‘TERMS” hyper-link located at the bottom of every page on the NowAnThen website.
ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If NowAnThen believes the information you provide is not correct, current, or complete, NowAnThen has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of NowAnThen’s website, you warrant to NowAnThen that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site without the express prior written permission of an authorized representative of NowAnThen. For purposes of these Terms of Use, ‘‘co-branding’’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with NowAnThen in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease. In addition, you may not use NowAnThen’s websites in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
NowAnThen’s website is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without NowAnThen’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to NowAnThen’s websites.
PROPRIETARY INFORMATION
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by NowAnThen (the ‘‘Content’’) is the proprietary information of NowAnThen or the party that provided or licensed the Content to NowAnThen, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, or downloaded in any way without the prior written consent of NowAnThen, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modifications or use of the Content except as expressly provided in these Terms of Use violates NowAnThen’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained by, or related to NowAnThen. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NowAnThen. NowAnThen has not reviewed any or all of such sites and is not responsible for the content of those sites. NowAnThen is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and NowAnThen makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or other sites hyper-linked to this site. NowAnThen provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by NowAnThen of that site or any association with its operators.
USER-CREATED HYPER-LINKS
The NowAnThen system permits registered users to create links to images hosted on the NowAnThen website. The system also permits users to email linked thumbnail images to third parties. NowAnThen assumes no liability whatsoever in connection with the misuse of such linking. Website Users shall be subject to the Indemnity Provision of Section 16 of this Agreement for any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out the misuse of such links.
USE OF COMMUNICATION SERVICES
NowAnThen’s website may contain blogs, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, ‘‘Communication Services’’). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
(i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity or discusses an intent to commit an illegal act;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) does not pertain directly to this site as described in Section 1 (Intent);
(v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
(vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(vii) harvests or otherwise collects information about others, including email addresses, without their consent;
(viii) violates any law or may be considered to violate any law;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
(xi) advertises any commercial endeavor (e.g., offering for sale, products, or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xii) solicits funds, advertisers, or sponsors;
(xiii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site;
(xv) amounts to a ‘‘pyramid’’ or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xvii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
NowAnThen reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. NowAnThen reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. NowAnThen also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither NowAnThen nor any third party that provides Content to NowAnThen will assume or have any liability for any action or inaction by NowAnThen or such third party with respect to any Submission. NowAnThen cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. NowAnThen does not control or endorse the content, messages, or information found in any Communication Service and, consequently, NowAnThen specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NowAnThen spokespersons, and their views do not necessarily reflect those of NowAnThen.
SUBMISSIONS
NowAnThen does not claim ownership of Images you submit either for inclusion in your own timeline or the timeline of others. However, with respect to Images you submit or make available for inclusion on publicly accessible areas of NowAnThen, and subject to the additional terms set forth in Paragraph 11 below, you grant NowAnThen the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Images solely for the purpose for which such Images were submitted or made available. This license exists only for as long as you elect to continue to include such Images on the NowAnThen website and will terminate at the time you remove or NowAnThen removes such Image from the site.
By submitting Images to the NowAnThen website, you warrant to NowAnThen that such images do not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity.
NowAnThen will treat any personal information that you submit through this site in accordance with its Privacy Policy.
GRANT OF LICENSE TO SUBLICENSE
You grant NowAnThen a worldwide, exclusive right to sublicense the right to copy, reproduce, display, transmit, broadcast, modify, alter, create derivative works of, and publish the whole or part of any Image that you submit to NowAnThen. These rights may be exercised via any analog or digital means of communication now known or hereafter devised including without limitation via print, websites, other electronic formats, mobile devices, TV, cinema, exhibition; and, subject to applicable laws, may be used for any purpose of any nature including without limitation for advertising, publicity, promotions, graphic design, marketing within and on products, corporate communications, press articles, press releases, brochures, reports, decor, programs, and films.
NowAnThen will determine the terms and conditions of all licenses of images uploaded by Users of the NowAnThen website but will not use or license images for uses that are defamatory, pornographic or otherwise illegal and will use commercially reasonable efforts to stop any such use brought to its attention. If NowAnThen notifies you that it has permanently stopped marketing and licensing any image uploaded by you to the NowAnThen website, this agreement will be terminated only with regards to that content.
PERMISSIONS
Under United States copyright law, the creator (usually the photographer) of a photograph is the copyright holder unless the photograph was created as a work for hire or the copyright was assigned to somebody else. Users of NowAnThen who upload Images to the website must be the copyright owner of the Image or have permission from the owner to post the Image. NowAnThen understands that the copyright ownership of family snapshots or similar photos may not be clear. Users must use their good judgment in posting such images and remove them upon request of NowAnThen or third-parties. Upon request by the owner, users shall remove any uploaded images that do not belong to them.
PRIVACY
User timelines are visible to the general public. Other NowAnThen users may add (GRAB) your Images to their timeline. Users should NOT upload Images for which they are uncomfortable sharing with the public (or that may make people in the Images uncomfortable). You acknowledge that NowAnThen may or may not pre-screen Content, but that NowAnThen and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that you have made available on the NowAnThen website. Without limiting the foregoing, NowAnThen and its designees shall have the right to remove any Content that violates these Terms of Service or NowAnThen’s Privacy Policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness, or usefulness of such Content.
DISCLAIMER
You understand that NowAnThen cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. NowAnThen does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NowAnThen.
Your use of this site is at your own risk. The Content is provided ‘‘as is’’ and without warranties of any kind, either expressed or implied. NowAnThen disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. NowAnThen does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. NowAnThen does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and NowAnThen may make changes or improvements at any time. You, and not NowAnThen, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of this site or its content. NowAnThen makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NowAnThen does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
LIMITATION ON LIABILITY
NowAnThen, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if NowAnThen has been advised of the possibility of such damages. In no event will the collective liability of NowAnThen and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to NowAnThen for the applicable content or service out of which liability arose.
TERMINATION OR RESTRICTION OF ACCESS
NowAnThen reserves the right, in its sole discretion, to terminate your access to any or all of NowAnThen’s websites and the related services or any portion thereof at any time, without notice.
INDEMNITY
You will indemnify and hold NowAnThen, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of NowAnThen or the party that provided the trademarks, services marks, logos, and copyrighted works to NowAnThen. NowAnThen and any party that provided trademarks, service marks, logos, and copyrighted works to NowAnThen retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents, except that provided by its Users, of NowAnThen’s website are: Copyright © 2018 NowAnThen, 260 Haverford Ave. Narberth, PA. 19072. All rights reserved.
COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NowAnThen’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NowAnThen and its affiliates that your copyrighted material has been infringed.
NowAnThen’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent:
Mr. William Cramer
260 Haverford Ave. Narberth, PA. 19072
(610) 260-0200
SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). NowAnThen will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NowAnThen considers insecure, NowAnThen will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NowAnThen reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NowAnThen reserves the right to investigate suspected violations of these Terms of Use.
NowAnThen reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction NowAnThen to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement, you waive and hold harmless NowAnThen from any claims resulting from any action taken by NowAnThen during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either NowAnThen or law enforcement authorities.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the Commonwealth of Pennsylvania in connection with any dispute between you and NowAnThen arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Philadelphia, Pennsylvania.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NowAnThen as a result of this agreement or use of NowAnThen’s website.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and NowAnThen with respect to NowAnThen’s website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.