LaloPix Terms of Service
By using the LaloPix.com web site ("Service"), or any services of Matrify e. K. ("LaloPix"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If LaloPix makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.lalopix.com/l/terms
Violation of any of the terms below will result in the termination of your Account. While LaloPix prohibits such conduct and Content on the Service, you understand and agree that LaloPix cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. LaloPix cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. API Terms
Customers may access their LaloPix account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses LaloPix, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that LaloPix shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LaloPix has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to LaloPix via the API may result in the temporary or permanent suspension of your account's access to the API. LaloPix, in its sole discretion, will determine abuse or excessive usage of the API. LaloPix will make a reasonable attempt via email to warn the account owner prior to suspension.
LaloPix reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You may embed your photos hosted on LaloPix on a third-party web site. Each embedded photo on an other web site must provide a link back to its page on LaloPix. You may only use the links to your photos offered to you by the embedding feature on LaloPix. Embedding photos of other users on third-party web sites in not permitted.
C. Payment, Refunds, Upgrading and Downgrading Terms
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the European Union for VAT.
For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. LaloPix does not accept any liability for such loss.
Invoices are emailed to your account email address or made available for download.
D. Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
LaloPix, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LaloPix service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. LaloPix reserves the right to refuse service to anyone for any reason at any time.
Except for paid accounts, LaloPix reserves the right to terminate and delete your account if you haven't accessed our Services for 3 consecutive months. We provide you with notice via the email address associated with your account before we do so.
E. Modifications to the Service and Prices
LaloPix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the LaloPix Site (lalopix.com) or the Service itself.
LaloPix shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
F. Content submitted for inclusion on the LaloPix Services
LaloPix does not claim ownership of Content you submit, post or display or make available on or through the Service. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate.
The Content declared private and submitted to the Service might be seen fortuitously from the public, in case of user misuse of the features, pirating, hacking or computer related errors. It is therefore strongly recommended to not submit any confidential, private or sensitive data and information.
By submitting, posting or displaying Content on or through the Service, you grant LaloPix a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through the Service.
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Service.
LaloPix reserves for itself the right to deny, in its sole discretion, to post, display or transmit any Content.
LaloPix will discontinue this licensed use within a commercially reasonable period after such Content is removed from the Service.
G. Contributions to LaloPix
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to LaloPix through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) LaloPix is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) LaloPix shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) LaloPix may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of LaloPix without any obligation of LaloPix to you; and (f) you are not entitled to any compensation or reimbursement of any kind from LaloPix under any circumstances.
H. Copyright and Intellectual Property Policies
We respond to notices of alleged infringement that comply with the German law or other applicable intellectual property laws. Any breach of a rule or complaint from any eligible party will irrevocably result in removing or disabling access to the material claimed to be the subject of infringing activity.
LaloPix does not pre-screen Content, but LaloPix and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend LaloPix against any claim, demand, suit or proceeding made or brought against LaloPix by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify LaloPix for any damages finally awarded against, and for reasonable attorney's fees incurred by, LaloPix in connection with any such claim, demand, suit or proceeding; provided, that LaloPix (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases LaloPix of all liability); and (c) provides to You all reasonable assistance, at Your expense.
I. LaloPix's Proprietary Rights
You acknowledge, consent and agree that LaloPix services including the Service and any necessary software used in connection with those services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
Subject to the Terms of Service, LaloPix grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law.
You consent and agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
You consent and agree not to access the Service by any means other than through the interface or software that is provided by LaloPix for use to access the Service or third-parties applications explicitly authorized by LaloPix.
You further consent and agree not to remove, obscure or alter LaloPix's or any third-party's copyright notices, trademarks or other proprietary rights notices affixed to or contained within or accessed with or through the Software.
You acknowledge and agree that third-parties, including LaloPix users, own all rights, titles and interests in and to Content hosted by the Service or otherwise presented to you through LaloPix Services and you consent that this Content is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, which you are hold to comply with.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
WHILST LALOPIX USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO LALOPIX'S ATTENTION, LALOPIX MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. LALOPIX DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LALOPIX DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
LALOPIX AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
K. Limitation of Liability
IN NO EVENT SHALL LALOPIX'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO LALOPIX DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. LALOPIX AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT LALOPIX MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY LALOPIX OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE LALOPIX WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
L. General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Support for LaloPix services is only available in English, via email.
You understand that LaloPix uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LaloPix, or any other LaloPix service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by LaloPix.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LaloPix customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by LaloPix) of other LaloPix customers, we reserve the right to immediately disable your account or throttle your access until you can reduce your bandwidth consumption.
The failure of LaloPix to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LaloPix and govern your use of the Service, superseding any prior agreements between you and LaloPix (including, but not limited to, any prior versions of the Terms of Service).
You agree that LaloPix has no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted by the Service. It is recommended to keep a backup of all Content submitted and/or hosted by the Service.
You acknowledge that LaloPix has the right, at its sole discretion, to limit the number of transmissions you may send or receive through the Service or the amount of storage space, bandwidth or other resources you may use, and LaloPix has the right to terminate or suspend your account based on any usage that exceeds these limits.
You acknowledge LaloPix's discretionary right to compress any Content you might upload on the Service, including original formats.
When you cease using the Service, in particular on receipt of a certificate or any other legal document confirming your death, LaloPix will close your account what will lead to the loss of any content hosted on this account.
M. Applicable Law and Jurisdiction
Except where otherwise required by the mandatory law of the United States or any member state of the European Union
(i) this Agreement is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
(ii) you hereby agree, and LaloPix agrees, to submit to the exclusive jurisdiction of the courts in Berlin, Germany for resolution of any dispute, action or proceeding arising in connection with this Agreement.
The services hereunder are offered by Matrify e. K., a company incorporated under the laws of Germany and with its main place of business at Pappelallee 78/79, 10437 Berlin, Germany. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.