Terms of Service

This web page represents our Terms of Service and Sale ("Agreement") regarding our websites, pics.io, raw.pics.io ("Website"). It was last posted on 25 May 2018. The terms "we" and "our" used in this Agreement refer to TopTechPhoto inc. We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly agree (by giving the appropriate consent) to be bound by our Legal Terms each time you access our Website. If you do not wish to be bound by them, please do not use or access our Website and services we provide.

The Websites are only available to individuals who are at least 13 years old (16 years for individuals from EU).

Limited license

TopTechPhoto grants you a non-exclusive, non-transferable, revocable license to access and use our Website and services, in strict accordance with our Legal Terms.

Copyrights and trademarks

Unless otherwise noted, all materials including, without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by TopTechPhoto. Our Website as a whole is protected by copyright and trade laws. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. The names and logos of TopTechPhoto may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on our Website, without prior written permission from TopTechPhoto. Other product and company names mentioned on our Website may be the Intellectual Property of their respective owners.

Links to third party websites

Our Website may contain links to websites owned or operated by parties other than TopTechPhoto. Such links are provided for your reference only. TopTechPhoto does not monitor or control outside websites and is not responsible for their content. TopTechPhoto inclusion of links to an outside website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor. Nor does TopTechPhoto inclusion of the links imply that TopTechPhoto is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

Content disclaimer

Postings on our Website are made at such times as TopTechPhoto determines at its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. TopTechPhoto does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS ON OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Payments and refunds

By signing up for a paid account you agree to pay TopTechPhoto inc. the monthly/annual fees. Applicable fees will be charged starting from the day your Paid Services are established and in advance of using such services. TopTechPhoto inc. reserves the right to change the payment terms and fees upon thirty (30) days’ prior written notice to you. Paid Services can be canceled by you at any time through your account page.

TopTechPhoto inc. will charge automatic renewal unless you notify TopTechPhoto inc. before the end of the applicable subscription period that you want to cancel your subscription. Your subscription will automatically renew and you authorize us to collect the then applicable annual or monthly subscription fees. Subscription can be canceled at any time in the user account section.

We issue refunds for our customers within 15 days after the original purchase. This does not apply to discounted plans. All the payments made with discounts are non-refundable.

Publicity

We may, subject to Customer's approval of content (if applicable), not be unreasonably withheld or delayed from (a) creating a general contract announcement press release indicating that the parties have entered into this Agreement, (b) using Customer's business name and logo in written materials identifying TopTechPhoto inc. customers, on TopTechPhoto inc. website(s), and in other appropriate promotional materials, (c) identifying Customer in applicable case studies and (d) identifying Customer as a reference for prospective customers and the media (provided that Customer shall not be obligated to comment in any way).

No Warranties. Exclusion of liability.

OUR WEBSITE IS OPERATED BY TopTechPhoto ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TopTechPhoto SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. TopTechPhoto SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER TopTechPhoto OR OUR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL TopTechPhoto LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO TopTechPhoto FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, TopTechPhoto DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU AGREE THAT ALL TIMES YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. TopTechPhoto AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE. TopTechPhoto MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold TopTechPhoto harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.