Kindfish Terms of Service

Blue Lava Technologies, Inc. (Blue Lava) welcomes you to kindfish.com. We hope that you enjoy the services that we provide for processing rich media. On kindfish.com you can upload, catalog, tag, organize, display, distribute and comment on digital images, video or music (the Service). By using kindfish.com you agree to be bound by and accept these Terms of Service which may be updated from time to time without notice to you. The most current version of the Terms of Service will be posted here, so please read these terms carefully and check back often.

Use of the Service

You must be thirteen years of age or older to register for the Service and/or upload data, images, photographs, video, music, user comments or any other content (Content) and/or provide personal information. Any personal information that you submit must be true, complete, current and accurate and kept up to date.

You must safeguard your registration information, including your User ID and password. You are fully responsible for all activities that occur under your User ID, password or registration. You agree to immediately notify Blue Lava of any unauthorized use of your User ID, password or registration information or any other breach of security. Blue Lava reserves the right to require you to change your User ID or password if we believe that your User ID or password is no longer secure. To help keep your User ID and password secure, Blue Lava asks that you completely exit from your account and close your browser at the end of each session. Blue Lava is not and shall not be responsible for any activities, loss or damage resulting from your failure to comply with this section or the Terms of Service.

You acknowledge and agree that use of the Service results in interstate data transmissions.

You agree that you shall not resell the Service or any portion of the Service.

Content

You are solely responsible for any and all Content that you upload or otherwise make available using the Service. You warrant that you have the legal right to copy, display, distribute, and make derivative works from the Content that you upload or otherwise make available using the Service, that you have secured all appropriate permissions or releases from individuals appearing in the Content prior to uploading or otherwise making the Content available using the Service, and that you have the legal right to grant Blue Lava the right and license set forth in the paragraph below.

Blue Lava does not claim ownership in the Content you upload, submit or make available using the Service. In order for Blue Lava to make the Service available to you, you hereby grant Blue Lava a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license which may be sublicensed, to use, display, distribute, reproduce, copy, make derivative works from, modify, adapt, transmit, translate, perform, publish and sell your Content in mediums or formats now known or later developed.

Users may have the option to download or order their own Content or the Content submitted by others onto DVDs, CDs or into photo albums or books. Blue Lava does not monitor such downloads or orders or control the ultimate distribution or sharing of such Content by others. If you choose not to allow others to download or order the Content you submit, you may block this feature by setting the View permission settings on the container to private. This is done through an edit link on the containers page. If you do not change the permission settings to private, then others will be able to burn DVDs, CDs or prints containing your Content.

Monitoring of Content

Blue Lava has no duty or obligation to monitor Content available through the Service, but Blue Lava reserves the right to monitor or review Content available through the Service without notice and to take down your Content, refuse to display your Content, deny your access to the Service, or terminate your registration if Blue Lava determines, in its sole discretion, that your Content violates these Terms of Service or if Blue Lava is requested to do so by law enforcement or other government agencies or to comply with legal process. In the event of a take down, refusal, or denial of Content or termination of registration, your Content will not be returned to you. BLUE LAVA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR ANY TAKE DOWN, REFUSAL, OR DENIAL OF CONTENT OR TERMINATION OF REGISTRATION.

Conduct

You agree not to use the Service:

  1. for any unlawful purposes or to intentionally or unintentionally violate any applicable laws;

  2. to upload, submit, post, comment, email, communicate, transmit, order or otherwise make available any material:

    1. that is obscene, derogatory, pornographic, offensive, threatening, harassing, menacing, harmful, hateful, abusive, libelous, derogatory, unlawful, illegal, or otherwise objectionable

    2. that you do not have the legal right to use or make available under any law or contractual or fiduciary relationship, or that violates or infringes the intellectual property, proprietary, or moral rights of any party, including Blue Lava

    3. that contains spyware, viruses, worms, code, data or other programs or files that may harm, disrupt, interfere, alter, change, corrupt, cause errors to, or provide or enable unauthorized access to, the data, computer systems, servers, programs, software, hardware, networks or other equipment of Blue Lava or anyone else

    4. that consists of unsolicited or unauthorized advertising or promotions, spam, junk mail, chain letters, pyramid schemes, or other forms of solicitation

  3. to harm minors in any way

  4. to impersonate a person or entity, misrepresent your affiliation with a person or entity, or perform acts such as forging headers or manipulating identifiers to disguise or conceal the origin of material or Content submitted to or transmitted through the Service

  5. to stalk or harass another

  6. to collect, store, transmit, or make available the personal data of another user without such users express consent

  7. for any commercial purpose other than to permit others to burn DVDs, CDs or prints containing your Content as set forth in these Terms of Service

Privacy

Your privacy is important to us. Please review the terms of Blue Lavas Privacy Policy which are incorporated into, and considered part of, these Terms of Service. Blue Lava may access your registration information and Content and disclose such information and Content to enforce these Terms of Service, to investigate and respond to claims that your Content violates the rights of third parties, to protect the safety, personal or property rights of others, and when required to do so by law or to comply with legal service or process.

Trademarks and Other Intellectual Property

All product or service names, logos, trade dress and trade names used in this Service which identify Blue Lava or third parties are the trademarks, service marks, trade dress and trade names of Blue Lava or the relevant third parties. Blue Lava expressly prohibits the unauthorized use of its trademarks, service marks, and trade names in domain names. Nothing in this Service shall be deemed to convey a license or right to use Blue Lavas trademarks, service marks, trade dress and trade names. The layout and design elements of the website are considered proprietary to Blue Lava and may not be reproduced, copied, distributed or displayed without Blue Lavas express written consent. The underlying software and technology of the website are considered proprietary to Blue Lava. You agree not to infringe any of Blue Lavas intellectual property or proprietary rights in any way or to permit any third party to do so.

Indemnification

You agree to indemnify and hold Blue Lava and its officers, directors, employees, affiliates, partners, agents and licensees harmless from any claim or demand from a third party due to or arising out of or relating to your Content, the uploading of your Content or the making of your Content available using the Service, your violation of these Terms of Service or your violation of the intellectual property rights or other rights of another individual or entity. This indemnification shall include but not be limited to reasonable attorneys fees and settlement amounts.

Disclaimer of Warranties and Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE SERVICE, THIS WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU AS IS WITH NO WARRANTIES WHATSOEVER AND THAT BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS AND LICENSEES ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DELETION OR LOSS OF OR FAILURE TO BACK-UP OR OTHERWISE STORE CONTENT OR FOR TEMPORARY OR PERMANENT MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE. BLUE LAVA RESERVES THE RIGHT TO SET LIMITS REGARDING USAGE OF THE SERVICE AND STORAGE OF CONTENT AND TO TEMPORARILY OR PERMANENTLY DISCONTINUE OR TERMINATE THE SERVICE, IN WHOLE OR IN PART, AT ANY TIME AND FOR ANY REASON. YOUR CONTENT WILL NOT BE RETURNED TO YOU UPON DISCONTINUATION OR TERMINATION OF THE SERVICE. ANY ACCESSING OF THE SERVICE OR UPLOADING OF CONTENT OR DOWNLOADING OF CONTENT OR SOFTWARE THAT IS AVAILABLE THROUGH THE SERVICE SHALL BE DONE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS AND LICENSEES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR ANY VIRUSES OR OTHER DAMAGE TO YOUR COMPUTER RESULTING FROM ACCESSING THE SERVICE OR UPLOADING CONTENT OR DOWNLOADING CONTENT OR SOFTWARE THAT IS AVAILABLE THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT AND FOR ANY DAMAGE TO YOUR COMPUTER.

BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS AND LICENSEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES IN CONNECTION WITH THE SERVICE AND THIS WEBSITE AND RELATED PRODUCTS AND SERVICES, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS AND LICENSEES EXPRESSLY DISCLAIM ANY WARRANTIES THAT THE SERVICE WILL BE RELIABLE, SECURE, TIMELY, OR ACCURATE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, BLUE LAVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS AND LICENSEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, GOODWILL, USE OR PROFITS, RESULTING FROM (i)YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE; (ii) ANY RELATED PRODUCTS OR SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF BLUE LAVA AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS AND LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General

These Terms of Service constitute the entire agreement between Blue Lava and you regarding your use of the Service. Additional terms and conditions may apply when you purchase Blue Lava products or services or the products or services of third parties. Failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision. If one or more of the rights or provisions set forth in these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the other rights or provisions shall remain in full force and effect.