Siftr Terms of Service

I. What we are.

Siftr is a social media aggregator for photos. Siftr fetches the photos of a user from multiple social networks and aggregates, curates and displays them for the user. These Terms of Service (“TOS”) govern your access to and use of Siftr’s website and associated services (“Siftr”). By using Siftr, you agree to be bound by these TOS.

II. How to use.

A. To proceed, you must have a binding contract with Siftr in compliance with these TOS and all applicable laws. Subject to these TOS and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use Siftr. Once you agree to these TOS, explore and enjoy Siftr.
B. Siftr may include software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade that software, and these TOS will apply to such upgrades.

III. Siftr Content.

A. Siftr provides a public, generally unmoderated aggregation of photographs, and similar information that illuminates, describes, collects, conglomerates and/or explains a particular subject or category of interest. Collectively, we call these aggregated materials “Siftr Content.” Siftr Content includes materials from third-party websites, links to third-party websites, and third-party social networks (collectively, the “Networks”) that are not owned or controlled by Siftr. Siftr has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or the Networks. In addition, Siftr does not assume responsibility to censor or edit the content of any third-party site. By using Siftr, you expressly relieve Siftr from any and all liability arising from the Siftr Content and/or from your use of any third-party website. Accordingly, we encourage you to be aware when you view Siftr Content and/or leave Siftr through such third-party links or otherwise that you must read and follow the terms and conditions and privacy policy of each other website or Networks that you visit.
B. Siftr Content is provided to you AS IS. You may access Siftr for your information and personal use solely as intended through the provided functionality of Siftr and as permitted under these TOS. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, embed, sell, license, or otherwise exploit any Siftr Content for any purpose without the prior written consent of Siftr or the respective licensors and/or owners of the content. Siftr reserves all rights not expressly granted in and to the content therein.
C. You understand that when using Siftr, you will be exposed to Siftr Content collected from a variety of sources, and that Siftr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Siftr Content. You further understand and acknowledge that you may be exposed to Siftr Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Siftr with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Siftr, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of Siftr.
D. Siftr may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Siftr. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, content, or Network from Siftr, you do so at your own risk and you agree that Siftr will have no liability arising from your use of or access to any third-party website, service, content, or Network. Siftr makes no guarantees for the validity, security or safety of any outgoing links found within third-party content.

IV. What to post.

A. Siftr allows you to view Siftr Content and effectively post your own content, including photos, comments, and other materials.
B. You grant Siftr and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, cache, display, reproduce, collect, tabulate, modify, create derivative works, perform, and distribute your content on Siftr solely for the purposes of operating, developing, providing, and using Siftr. Nothing in these TOS shall restrict other legal rights Siftr may have to your content, for example under other licenses. We reserve the right to remove or modify your content for any reason, including that content that we believe violates these TOS or our policies.
C. Siftr provides a vehicle to view and explore topics of interest that are collected, aggregated and displayed as Siftr Content. You agree that you will use Siftr in a manner consistent with the TOS.
D. You agree to post content that is consistent with the terms of the various Networks which Siftr aggregates and arrays into a transformative visual mosaic as Siftr Content:
http://www.facebook.com/legal/terms
https://www.flickr.com/services/api/tos/
http://instagram.com/legal/terms/
E. Likewise, developers on these Networks (such as us) agree to the terms of the respective application programming interfaces (API) as follows:
http://developers.facebook.com/
https://www.flickr.com/services/api/tos/
http://instagram.com/developer/

V. What not to post.

A. Do not post information to Siftr or maintain or use your Siftr Portfolio in a manner that directly or indirectly: (1) violates the intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights of any person or entity; (2) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person or thing; (3) violates, or encourages any conduct that violates laws or regulations; (4) contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (5) contains any information or content that is illegal; and/or (6) is fraudulent, false, misleading, or deceptive.
B. Siftr reserves the right, but not the obligation, to remove any content for any reason or for no reason, including content that Siftr believes violates this TOS. Siftr may also permanently or temporarily terminate or suspend any user without notice and liability for any reason, including if, in Siftr’s sole determination, a user violates any provision of this TOS, or for no reason.
C. Following termination or deactivation of your use, your account and/or your Siftr Portfolio, we may retain your content and/or your Siftr Portfolio for a reasonable period of time for functionality, backup, archival, or audit purposes. Furthermore, Siftr and its users may retain and continue to use, store, display, reproduce, collect, tabulate, modify, create derivative works, perform, and distribute any of your content that other users have stored, cached or shared through Siftr.

VI. Creating a Siftr Portfolio.

A. Siftr provides you with the option of creating a “Siftr Portfolio”. When you create a Siftr Portfolio you must provide us with accurate and complete information.
B. Siftr will terminate a user's access to Siftr and/or a user’s Siftr Portfolio if, under appropriate circumstances, the user is determined to violate any of these TOS. No warnings are required and no basis need be provided.
C. Siftr reserves the exclusive right to decide whether content and use violates these TOS for reasons such as, but not limited to, direct and/or indirect copyright infringement, pornography, obscenity, or similar. Siftr may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user's Siftr Portfolio and/or future content submissions for submitting and/or maintaining such material in violation of these TOS.
D. A Siftr Portfolio may include one or more assignable photos. These assignable photos shall be assigned, withdrawn, transferred, deleted, reassigned, canceled, suspended and/or retired at the sole and binding discretion of Siftr.

VII. Impermissible Use.

It is a breach of these TOS to:
A. Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation on Siftr.
B. Use, display or mirror Siftr, any individual element within Siftr, the Siftr name, trademark, logo or other proprietary information, or the layout and design of any Portfolio, without our express written consent.
C. Access, tamper with, or use non-public areas of Siftr, our computer systems and servers, or the technical delivery systems of our providers;
D. Probe, scan, or test the vulnerability of Siftr, our computer systems and servers and network or breach any security or authentication measures.
E. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Siftr or any of our providers or any other third party (including another user) to protect Siftr or Siftr Content.
F. Attempt to access or search Siftr beyond its public functionality, or Siftr Content or scrape or download Siftr, Siftr Portfolios, or Siftr Content, or otherwise use, upload content to, or create new links, rephotos, or referrals in Siftr through the use of any engine, software, tool, agent, device or mechanism, including automated scripts, spiders, data mining tools or similar, other than the software provided by Siftr or other generally available third-party web browsers.
G. Use Siftr for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Siftr or in any manner not permitted by the TOS.
H. Attempt to decipher, decompile, disassemble or reverse engineer Siftr.
I. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Siftr.
J. Collect or store any personally identifiable information from Siftr without express permission.
K. Use Siftr as a tool to impersonate a person, company, group or other entity.

VIII. Copyright Policy.

Siftr has adopted a policy consistent with the Digital Millennium Copyright Act.

IX. Privacy Policy.

A. Basic use of Siftr does not require a user to provide any private information. As on many web sites, Siftr may automatically receive general information that is contained in server log files, such as your IP address, and cookie information. Information about how advertising may be served on Siftr (if it is indeed Siftr's policy to display advertising) is set forth below.
B. Data may be used to customize and improve your user experience on Siftr. Efforts will be made to prevent your data being made available to third-parties unless (1) provided for otherwise in this Privacy Policy; (2) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (3) a service provided on Siftr requiring interaction with a third party, or is provided by a third party, such as an application service provider; (4) pursuant to legal action or law enforcement; (5) it is found that your use of Siftr violates the TOS, or if it is deemed reasonably necessary by Siftr to protect legal rights and/or property; or (6) this site is purchased by a third party. In the event you choose to use links displayed on Siftr to visit third-party web sites, you are advised to read the privacy policies published on those sites.
C. Siftr may set and use cookies to enhance your user experience. Advertisements may display on Siftr and, if so, may set and access cookies on your computer. Such cookies are subject to the privacy policy of the parties providing the advertisement. Siftr reserves the right to grant access to these cookies by third parties.
D. Changes may be made to this policy from time to time. While this privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, Siftr is not in a position to guarantee compliance with these standards. There may be factors beyond Siftr’s control that may result in disclosure of data. Consequently, Siftr offers no warranties or representations as regards maintenance or non-disclosure of data.

X. Security.

Siftr efforts to protect the security of the website and Siftr Content. However, Siftr cannot guarantee that unauthorized third parties will not be able to circumvent and/or compromise our security. Please notify us immediately of any compromise or unauthorized use of Siftr or your Custom Siftr.

XI. Contacting Siftr.

We value feedback and comments from Siftr users. If you submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. Siftr maintains all rights to use your feedback and/or similar or related feedback previously known to Siftr, or developed by its employees, or obtained from sources other than you.

XII. Indemnity

If your use of Siftr violates this TOS, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Siftr and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of Siftr, (b) your content, or (c) your breach of any of these TOS.

XIII. Termination.

Siftr may terminate or suspend this license at any time, with our without cause or notice to you.

XIV. Limitation of Liability and Disclaimers.

IN NO EVENT SHALL Siftr, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF Siftr CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Siftr; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Siftr; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH Siftr BY ANY THIRD PARTY; AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Siftr, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Siftr IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Siftr SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

Siftr SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Siftr takes no responsibility and assumes no liability for any Siftr Content or any content that you or any other user or third-party photos or transmits using Siftr. You understand and agree that you may be exposed to Siftr Content that is incorrect, objectionable, inappropriate, or otherwise unsuited to your purpose.

XV. Arbitration and Jurisdiction.

A. For any dispute you have with Siftr, you agree to first contact us and attempt to resolve the dispute with us informally. If Siftr has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules then in effect, except as provided herein.
B. Should arbitration prove unsuccessful, you agree that: (1) Siftr shall be deemed solely based in Washington; and (2) Siftr shall be deemed a passive website that does not give rise to personal jurisdiction over Siftr, either specific or general, in jurisdictions other than Washington. These TOS shall be governed by the laws of the State of Washington. Any claim or dispute between you and Siftr that arises in whole or in part from Siftr shall be decided exclusively by a court of competent jurisdiction located in Washington. These TOS and any other legal notices published by Siftr, shall constitute the entire agreement between you and Siftr. If any provision of these TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect. Siftr reserves the right to amend these TOS at any time and without notice, and it is your responsibility to review these TOS for any changes. Your use of Siftr following any change of these TOS will signify your assent to and acceptance of its revised terms.