Terms of Service

1) Service Description

VenueAlbum is an event photo-sharing platform that allows users to create shared photo albums for events through QR code generation. The platform provides instant album creation, photo upload capabilities, and basic sharing features. Premium features may be available through subscription or one-time purchases.

2) User Eligibility and Account Registration

• You must be at least 18 years old or the age of majority in your jurisdiction to use our Services.
• You are solely responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.
• You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
• You may not use false identities or impersonate any person or entity.
• Account creation is optional; however, certain features require registration.

3) User Content and Intellectual Property

• You retain all rights, title, and interest in and to your photos, images, and other content you upload ("User Content").
• By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and our business.
• You represent and warrant that you own or have the necessary rights to use and authorize us to use all User Content, and that such use will not infringe or violate the rights of any third party.
• You are solely responsible for the content you upload and any consequences thereof.
• We reserve the right to remove, edit, or disable access to any User Content that violates these Terms or applicable law.

4) Prohibited Content and Conduct

• You may not upload, post, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• You may not upload content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
• You may not use the Services for any unlawful purpose or to solicit the performance of any illegal activity.
• You may not attempt to gain unauthorized access to our systems or interfere with the proper functioning of the Services.
• You may not use automated tools, bots, or scrapers to access or collect data from our Services without explicit written permission.

5) Payment Terms and Refunds

• Premium features and subscriptions are available for purchase through our payment processor.
• All payments are final and non-refundable under any circumstances.
• NO REFUNDS will be provided for any reason, including but not limited to service dissatisfaction, technical issues, or change of mind.
• By making a payment, you explicitly acknowledge and agree that no refunds will be granted.
• Subscription fees are billed in advance and are non-refundable for the billing period in which they are charged.
• We reserve the right to change pricing at any time with reasonable notice.

6) Service Availability and Termination

• We strive to provide continuous service but do not guarantee uninterrupted or error-free operation.
• We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.
• We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms.
• Upon termination, your right to use the Services will cease immediately, and we may delete your account and User Content.
• Free tier albums may be deleted after the specified retention period without notice.

7) Privacy and Data Protection

• Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference.
• We collect and process personal information as described in our Privacy Policy.
• By using our Services, you consent to such collection and processing.
• We implement reasonable security measures but cannot guarantee absolute security of your data.

8) Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• To the maximum extent permitted by applicable law, we and our officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
• Our total liability to you for all claims arising from or relating to the Services shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) £100 GBP.
• We are not responsible for any technical malfunctions, server errors, data loss, or other issues beyond our reasonable control.
• You assume all risks associated with the use of User Content and interactions with other users.
• Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9) Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, employees, and agents from and against any claims, demands, damages, losses, costs, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.

10) Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
• Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• You agree that any claim or dispute must be brought within six (6) months of the event giving rise to such claim or dispute.
• You irrevocably waive any right to participate in class actions or representative proceedings.

11) Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Services after such changes constitutes acceptance of the new Terms.