Terms of Service

The Stingle Photos Terms of Service

Effective date: January 1, 2020

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

1. The "Agreement" refers, collectively, to all the terms, conditions and notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the Stingle Photos Privacy Policy, available at stingle.org/privacy) and procedures that we may publish from time to time on the Website.
2. The "Service" refers to the applications, software, products, and services provided by Stingle Photos.
3. The "Website" refers to Stingle Photos website located at stingle.org, and all content, services, and products provided by Stingle Photos at or through the Website. It also refers to Stingle Photos-owned subdomains of stingle.org. Occasionally, websites owned by Stingle Photos may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
4. "The User," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
5. "Stingle", "Stingle Photos" "We," and "Us" refer to Stingle LLC, as well as our directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users.

B. Account Terms

Short version: A human must create your account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements

We have a few simple rules for accounts on Stingle Photos's Service.

• You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.
• One person or legal entity may maintain no more than one free account.
• You must be age 13 or older. While we are thrilled to see brilliant young people take an interest in our Service, we must comply with United States law. Stingle Photos does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User's account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
• Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
• Overall, the number of Users must not exceed the number of accounts you've ordered from us.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.

• 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).
• You are responsible for maintaining the security of your account and password. Stingle Photos cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You will promptly notify Stingle Photos if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

C. Acceptable Use

Short version: Use good faith when using Stingle Photos.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Conduct Restrictions

While using Stingle Photos, you agree that you will not under any circumstances:

• harass, abuse, threaten, or incite violence towards any individual or group, including Stingle Photos employees, officers, and agents, or other Stingle Photos Users;
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers;
• attempt to disrupt or tamper with Stingle Photos servers in ways that could harm our Website or Service, to place undue burden on Stingle Photos servers through automated means, or to access Stingle Photos Service in ways that exceed your authorization;
• impersonate any person or entity, including any of our employees or representatives, including through false association with Stingle Photos, or by fraudulently misrepresenting your identity or site's purpose; or
• violate the privacy of any third party, such as by posting another person's personal information without consent.

3. Services Usage Limits

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 Stingle Photos express written permission.

4. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Stingle Photos customers, we reserve the right to suspend your account or throttle your connection until you can reduce your bandwidth consumption.

5. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Stingle Photos Rights to Content

Stingle Photos retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Stingle LLC. All rights reserved.

E. Payment

Short version: You are responsible for any fees associated with your use of Stingle Photos. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available at stingle.org. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

• We will immediately bill you when you upgrade from a free plan to any paying plan.
• If you change from a monthly billing plan to a yearly billing plan, Stingle Photos will bill you for a full year at the next monthly billing date.
• If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
• You may change your level of service at any time by choosing a plan option or going into your Storage settings in the app. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account.

3. Billing Schedule; Refunds

• For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively.
• We offer a 30 day refund policy on all paid Services. If you would like a refund, please contact us and we will be more than happy to assist.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, Google Pay account, Apple Pay or other approved methods of payment for fees that you authorize for Stingle Photos.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Stingle Photos any charges incurred in connection with your use of the Service. If you dispute the matter, contact Stingle Photos Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

F. Cancellation and Termination

Short version: You may close your account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with Stingle Photos. You can delete your account at any time by going into your Settings. The Settings screen provides a simple, no questions asked delete option.

2. Upon Cancellation

All information is purged from our databases when you cancel your account. Information cannot be recovered once your account is cancelled.

3. Stingle Photos May Terminate

Stingle Photos has the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Stingle Photos reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

G. Communications with Stingle Photos

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Stingle Photos Must Be in Writing

Communications made through email or Stingle Photos Support's messaging system will not constitute legal notice to Stingle Photos or any of its officers, employees, agents or representatives in any situation where notice to Stingle Photos is required by contract or any law or regulation. Legal notice to Stingle Photos must be in writing and served on Stingle Photos's legal agent.

3. No Phone Support

Stingle Photos only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

H. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Stingle Photos provides the Website and the Service 'as is' and 'as available,'' without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Stingle Photos does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

I. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

J. Release and Indemnification

Short version: You are responsible for your use of the service.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Stingle Photos (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) 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 Stingle Photos of all liability); and (3) provides to you all reasonable assistance, at your expense.

K. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

L. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Stingle Photos and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.

2. Non-Assignability

Stingle Photos may assign or delegate these Terms of Service and/or the Stingle Photos Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Stingle Photos to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Complete Agreement

These Terms of Service, together with the Stingle Photos Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Stingle Photos relating to the subject matter of these terms.

6. Questions

Questions about the Terms of Service? Contact Us

This Terms of Service is available under a Creative Commons license (CC BY 4.0). Attribution to GitHub, Inc. Changes have been made to the original content.