PortraitVision.info Terms of Service
Welcome to PortraitVision.info! PortraitVision.info is owned and operated by ProsDigital, LLC and its affliates. ProsDigital, LLC (“ProsDigital,” “we,” or “us”) offers computer vision solutions that utilize machine learning technologies and automated marketing services. This agreement is our terms of service (“Agreement”) and it covers everything we offer, including the use of our online, portraitvision.info website, API interfaces to globally accessible computer vision systems, account portal, documentation, models, features, functions, software, technical support, updates, upgrades and anything else we make available for use (collectively, the “Services”).
USE OF AND ACCESS TO OUR SERVICES IS SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES. IF YOU’RE AGREEING TO THESE TERMS ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS ON THAT ORGANIZATION’S BEHALF AND BIND THEM TO THESE TERMS (IN WHICH CASE, REFERENCES TO “YOU” AND “YOUR” INCLUDE THAT ORGANIZATION).
OUR HEADQUARTERS FOR NOTICES: PROSDIGITAL, LLC PO BOX 4124 CHERRY HILL NJ 08034
What terms apply to me, and will they ever change?
By using anything offered by ProsDigital, you automatically agree to this Agreement. You also accept any updated version of this Agreement by continuing to use the Services.
The terms applicable to you include the provisions in this document, as well as those in the Privacy Policy (the “Terms”). We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the http://portraitvision.info/ website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. What are the basics of using the Services?
You must be at least 13 years old to use the Services. Do not use the Services if it would mean breaking the law. If you sign up for an account on the Services, you are responsible for all activity on your account. Be mindful about protecting your account password, and let us know immediately if you think there are any issues.
You promise that you are of legal age to form a binding contract with ProsDigital. Any use of or access to the Services by anyone under the age of 13 is strictly prohibited and in violation of these Terms. You may only use the Services in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. We can’t and won’t be responsible for your using the Services in a way that breaks the law. The Services are not available to any users previously removed from the Services by ProsDigital.
You have been assigned an account and a password and username has been provided. We may maintain different types of accounts for different types of users. You may never use another user’s account without our permission. Your name and the business name of your organization are registered to your account. You are required to notify us promptly of any changes in your status as an agent for the organization you represent. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ProsDigital immediately of any breach of security or unauthorized use of your account. ProsDigital will not be liable for any losses caused by any unauthorized use of your account.
What about my privacy?
ProsDigital takes the privacy of its users very seriously. The current ProsDigital Privacy Policy can be found at [http://portraitvision.info/privacy]. By using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
What licenses are granted to me?
You may use our Services, on a non-exclusive basis, solely in strict compliance with these Terms, which may be updated from time to time, and applicable law, including: Using our Services as needed to review (“Your Content”) and or mark and notate it when applicable
ProsDigital has made (“Your Content”) and the associated data related it available to only you as a (“Private Release”). Any Private Release will be designated as alpha, beta, pilot, limited release, developer preview, non-production or other pertinent description. A Private Release is provided for evaluation purposes only and not for production use, is not supported, may contain bugs or errors and may be subject to additional terms. ProsDigital may discontinue any Private Release at any time in its sole discretion. ProsDigital owns all right, title and interest in and to all Private Releases and feedback on Private Releases.
Are there any things I can’t do on the Services?
You must comply with the law and this Agreement, and you promise not to take any action or submit any content that is prohibited or harmful, including violating or attempting to violate the security of the Services. You represent, warrant, and agree that you will not contribute any Content (defined below) or otherwise use the Services or interact with the Services in a manner that: (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including ProsDigital); (b) Violates any law or regulation, including, without limitation, any applicable export control laws; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you); (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) Violates the security of any computer network, or cracks any passwords or security encryption codes; (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or content (through use of manual or automated means); (i) Copies or stores any significant portion of the content; (j) Except as provided in the preceding section, you agree not to transfer, resell, lease, license or otherwise make available our Services to third parties or offer them on a standalone basis; (k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Do I have to grant any licenses to ProsDigital or to other users?
We claim no ownership rights over Your Content provided by you. You are granting ProsDigital a license. Your Content remains yours; however, by sharing Your Content through the Services, you are agreeing to allow ProsDigital and its affiliated service providers to view, edit, and/or share Your Content. For all Your Content, you hereby grant ProsDigital a license to analyze, create sets, process them through international systems, modify for technical purposes, reproduce and otherwise act with respect to Your Content, in each case to enable us to operate the Services in accordance with our Business Agreement.
Since Your Content and its associated data is stored is on our servers in your own private account, in a manner that is not viewable or accessible by any other user except you, that requires access and searches of your databases of content for specific criteria related to your image collections or videos, you grant ProsDigital the license above, as well as a license to access your databases, perform queries, and display Your Content for the sole purpose of providing you the Services, and to log and monitor your activities while using the services for the sole purpose of improving our Services and making Your Content more accessible to you.
This is a license only – your ownership in Your Content is not affected.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your ProsDigital account, we will stop displaying Your Content, but you understand and agree that Your Content may remain viewable elsewhere to the extent that they were copied or stored by others. Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Your Content.
Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the “Licensor Marks”) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with each other’s applicable usage guidelines and will inure to the benefit of Licensor. The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us. The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate.
What are ProsDigital’s rights in the Services?
Except for Your Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, and all intellectual property rights related thereto, are the exclusive property of ProsDigital and its licensors (the “ProsDigital Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such ProsDigital Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ProsDigital Content. Use of the ProsDigital Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ProsDigital under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ProsDigital does not waive any rights to use similar or related ideas previously known to ProsDigital, or developed by its employees, or obtained from sources other than you.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online Services providers, like ProsDigital, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to learn more about the DMCA, see https://www.copyright.gov/dmca-directory/.
Will ProsDigital change the Services or terminate my access to the Services?
We can choose to change, terminate or suspend your use of the Services at any time.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any of Your Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. We may also permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Do the Services cost anything?
Pricing and services have been established and agreed to in a separate agreement. Any changes to them or other services that are added will be handled through the same processes.
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What if I want to stop using the Services?
You can choose to delete your account or stop use of the Services at any time, but note that parts of this Agreement still apply to you even after you stop using the Services.
You’re free to do that at any time, by contacting us at contact@prosdigital.com; please refer to our Privacy Policy and Security at ProsDigital, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Account termination may result in destruction of Your Content and its associated data within your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of ProsDigital.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Can I use the Services outside the US?
The Services are controlled and operated from facilities in the United States. ProsDigital makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
What else do I need to know?
The Services are provided “as is.” You are solely responsible for how you choose to use the Services or what actions you take as a result of your use of the Services.
No Warranty. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROSDIGITAL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Our legal liability to you is limited. Please understand that we cannot run our business without it.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROSDIGITAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PROSDIGITAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSDIGITAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PROSDIGITAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PROSDIGITAL HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROSDIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
We hope this never comes up, but just in case it does, you agree to reimburse us for any loss we suffer that is tied to your use or misuse of the Services, violation of this Agreement, or infringement of any third party’s right.
Indemnity. You agree to defend, indemnify and hold harmless ProsDigital and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim for damages that arise as a result of any of Your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
We truly hope that we never have to enter into litigation with our users and we imagine that most people feel the same way. If it gets to that point, this is what happens.
This Agreement shall be governed by and interpreted under the laws of the State of New Jersey. Any dispute arising out of or relating to this Agreement shall be brought only in the Superior Court of New Jersey, Camden County whose exclusive jurisdiction the parties consent to by execution hereof. The prevailing party in any dispute shall be entitled to an award of reasonable attorney fees.
Here are some other miscellaneous terms that apply to our contract.
Miscellaneous. The failure of either you or us to exercise any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain fully enforceable. You may not assign, delegate or transfer these Terms or your obligations or rights and licenses granted hereunder, or your ProsDigital account, in any way (by operation of law or otherwise) without ProsDigital’s prior written consent. Any attempted transfer or assignment in violation hereof shall be null and void. We agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ProsDigital, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
The following shall apply in relation to the limitation of liability:
The parties shall only be fully liable for intent and gross negligence as well as damages caused by injury to life, body or health;
In an event of slight negligence, the parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” in the sense of this provision is an obligation whose fulfillment makes the processing of this Agreement possible in the first place and on the fulfillment of which the other party may therefore generally rely;
In any of the above-mentioned cases, the parties shall not be liable for any lack of commercial success, lost profits and indirect damages
Liability in accordance with the above clauses shall be limited to the typical, foreseeable damages: and
Except where otherwise stated in this Agreement, the parties shall not be liable for any loss or damage or any costs, expenses or other claims including without limitation loss of profit, business, revenue, goodwill or anticipated savings, loss of any data or information and/or special or indirect loss or consequential loss or otherwise which arise out of or in connection with this Agreement.