By using Pixagogo Photo Maps, you accept these terms and conditions.

The Pixagogo Photo Maps Service is provided by Pixagogo, a HyperTrust service.

Definitions

• User: A user is an end-user of the Pixagogo Photo Maps Service. An end-user becomes a User after he has agreed to these Terms and Conditions. 
• Pixagogo Photo Maps: The Pixagogo Photo Maps Service is a HyperTrust service based on the Pixagogo Service. Using the Pixagogo Photo Maps Service you can store, send and share your digital photos on a map. The service allows accessing the photos from any computer, publishing them anywhere on the Internet or attaching them to any digital document.

Terms

HyperTrust reserves the right to refuse Users or to request more information before approving the subscription.

You are granted a limited license to access and make personal use of Pixagogo Photo Maps but not to download or modify it or any portion of it, except with the express written consent of HyperTrust. This license does not include any commercial use of this site or its contents.

The Pixagogo Photo Maps site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without express written consent of HyperTrust. Any unauthorized use terminates the permission or license granted by HyperTrust.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Pixagogo Photo Maps, albums and direct links to photos hosted by Pixagogo as long as the links do not portray Pixagogo in a false, unfavorable or misleading manner.

Conditions

The User agrees:

• Not to use the Pixagogo Service in a manner that is prohibited by law or regulation, or to facilitate the violation of any law or regulation.
• Not to use the Pixagogo Photo Map Service to send unsolicited electronic mail messages, whether commercial or not, to other recipients.
• Not to use the Pixagogo Service to impersonate any person or entity, including, but not limited to, HyperTrust.
• Not to submit illegal content to Pixagogo. Illegal content includes but is not limited to:
  
  
1. Content which infringes any copyright, patent, trademark, trade secret or other proprietary rights of any third party.
2. Content which contains software viruses or other programming codes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
3. Content which is unlawful, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

• To assume all legal responsibility regarding the photos that he/she submits to Pixagogo Photo Map service including respect of copyrights, portrait rights of the people appearing in the photographs and privacy rights.
• To take responsibility to ensure that photos that he/she submits to Pixagogo will be free of infection or viruses or other programming code that has contaminating or destructive properties.
• To immediately notify HyperTrust if he/she would obtain actual knowledge of illegal photos or illegal activity or if he/she is aware of facts or circumstances from which the illegal photos or illegal activity are apparent.

In circumstances beyond their control neither HyperTrust nor the User will be liable for fulfilling the obligations arising from these Terms & Conditions.

Public Content

Pixagogo Photo Maps is a free public service.  All Pixagogo Photo Maps, the Photos, labels and photo descriptions and all other related content are displayed on Pixagogo under a “Attribution-NonCommercial-ShareAlike” license.

The Photo Maps created by registered Pixagogo Users are private and will not be published on the Photo Maps website automatically.

Liability

HyperTrust is not liable for photos that are submitted to HyperTrust.

In particular, Users are solely liable for the accuracy, legality, authenticity, completeness or fitness of photos they present, store, upload, make available to and via Pixagogo, in any jurisdiction in which such content may be used or viewed.

Further, it is generally not possible to limit the distribution of content on the Internet or certain other networks, and this may require Users to comply with the laws of each jurisdiction in which the content may be viewed or used.

HyperTrust reserves the right to remove content from its servers at its sole discretion and without incurring any liability or responsibility for any loss or expenses arising out of such removal, if it would obtain actual knowledge of illegal activity or illegal content or if it is aware of facts or circumstances from which the illegal activity or content is apparent.

Photos downloaded obtained through the use of Pixagogo Photo Maps is done at the User's discretion and risk and the User will be solely responsible for any damage to its computer system or loss of data that results from the download of such content.

Liability cap

Except for fraud or willful misconduct, HyperTrust is in no event liable for any indirect, incidental or consequential damages, or for any loss of profits, loss of data, or other indirect, consequential or punitive damages arising from or in connection with the use of, delivery, performance or non performance of the HyperTrust services contemplated by these Terms & Conditions.

In no event will the liability of HyperTrust to all parties (including Users and third parties) per Pixagogo account exceed the amount of the price of an annual Pixagogo subscription.

This limitation on damages applies to loss and damages of all types, including but not limited to direct damages incurred by any person, including without limitation a User or a third party, that are caused by reliance on the Pixagogo service.

This limitation on damages applies to liability under contract, tort, as well as any other form of liability claim within the limits of the law.

Indemnity

Users agree to indemnify and hold HyperTrust harmless from any claim, including reasonable attorney's fees, made by any third party due to or arising out of content they submit or make available to or through Pixagogo Photo Maps, their use of Pixagogo Photo Maps, or their violation of any rights of any third party.

Intellectual Property Rights

Users may use on a non-exclusive basis HyperTrust's services and only for the term of the contractual relationship and they must not assign HyperTrust's intellectual property without HyperTrust 's prior written approval. Use of the trademark, trade name or any other distinctive sign of Pixagogo or HyperTrust is not allowed.

Personal Data Protection

HyperTrust does not store any personal information of the Users of  Pixagogo Photo Maps.

Use of Cookies - A cookie is a small amount of data, which often includes a unique identifier, which is sent to your browser from a web-site's computers and then stored on your computer's hard drive.

HyperTrust provides a cookie for displaying you an overview of the Photo Maps that you have made.  If you do not accept cookies you will not be able to manage your Pixagogo Photo Maps.

This cookie does not contain any personal information.

HyperTrust could use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit Pixagogo Photo Maps.  These companies may use information (not including your name, address email address or telephone number) about your visits to Pixagogo. 

IP Addresses and Log Files - When a web browser or e-mail application requests a web page from another computer on the Internet, it automatically gives that computer the address where the requested information should be sent. This is called the computer's IP address.

When a web page on the HyperTrust web-site is requested, that request (including the date and time) is logged on the HyperTrust servers with information including the IP address of the computer that requested the page.

HyperTrust uses log files for statistics and troubleshooting purposes.

Please read the Pixagogo Privacy Statement for more information.

Changes

HyperTrust reserves the right to make changes to the Pixagogo Photo Maps Service, site, policies, and these Terms and Conditions at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severable and it does not affect the validity and enforceability of any remaining condition.

Governing law and dispute resolutions