Terms of Use
Read our terms of use below to learn more about your rights and responsibilities as a user of the Fotto website.
Updated on: November 28, 2023
These terms of use ('Terms') regulate the use of the Alboom Platform and the services offered by Alboom ('Alboom Services'); including, when applicable, the software we include as part of Alboom Services, including any applications, content, scripts, sets of instructions, apps, and any related documentation, when offered by Alboom (or any subsidiaries). These Terms apply to any user ('User'), whether an individual or legal entity, who accesses and/or uses Alboom Services, except when there is a specific contract signed between Alboom and the User. Additionally, some Alboom Services may have special usage conditions ('Additional Terms'), as indicated. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will prevail. All technical documentation, including manuals, sheets, usage guides, etc., when made available for each Alboom Service, will prevail over these Terms.
1. Licenses and Alboom Services.
In accordance with the conditions of these Terms, the Additional Terms, and respecting applicable legal provisions, Alboom licenses the User the right to access and use Alboom Services. This license does not imply the transfer of Alboom's intellectual property rights (and/or its licensors), which will remain the sole owner of all such rights. Alboom reserves all rights not expressly granted by these Terms. Alboom may not make some Alboom Services or functionalities available in certain countries. Not all Alboom Services are available in all languages or adapted to local practices and laws. Not all Alboom Services are available for all operating systems, and Alboom does not guarantee compatibility with any type of hardware or software. It is the User's responsibility to ensure that their use of the Alboom Platform complies with the laws of the location of use.
1.1
Special Versions of Alboom Services.
Alboom may offer services in 'free', 'trial', or 'evaluation', and 'beta' or 'pre-release' modalities, whose uses are limited, do not represent the final product experience, and may contain bugs that can cause failures and data loss. Alboom may discontinue these modalities, restricting or eliminating access to Alboom Services at any time and without prior notice. The choice to use these versions is at the User's own risk.
1.2
Modifications to Alboom Services.
Alboom may modify, update, or discontinue an Alboom Service (including any of its parts or features), or license or service metrics, at any time, without incurring any liability to the User or third parties. Alboom commits to making reasonable efforts to notify the User in advance, granting them a reasonable time to download User Content. Alboom will refund or compensate the User for amounts paid in advance for discontinued Alboom Services.
1.3
Values and Metrics of Licenses and Alboom Services.
The values and measurement methods for billing Alboom Services are those described in the Alboom Platform interface at the time of contracting and formalized via the Alboom Platform. Offers and promotions may not apply in cases of automatic renewals, in which case the renewals will follow the applicable values at the time. Alboom is not responsible for offers of Alboom Services made in a manner different from its pricing policies, even if such offers have been communicated by official Alboom partners.
2. Content.
2.1
Alboom Content.
All pre-existing content developed by Alboom (and/or its licensors), and/or that may be developed by Alboom (and/or its licensors) and made available as part of Alboom Services, including but not limited to image files, text, audio, templates, wireframes, etc., will be considered the intellectual property of Alboom (and/or its licensors), and may not be used by the User except when expressly authorized. The User may not claim any intellectual property rights over Alboom Content or derivative works thereof.
2.2
User Content.
All content developed by the User (and/or by their licensors) and hosted on the Alboom Platform by them (or with their authorization), including all information and exchanges of messages between the User and their users. The User declares to be the owner and/or hold all necessary licenses and/or authorizations for the use of User Content on the Alboom Platform, and is solely responsible for the legality of User Content and its maintenance. Alboom does not review, verify, or audit the content submitted to the Alboom Platform, but may use available technologies or processes to identify certain types of illegal content (for example, child pornography), or other abusive content or behavior (for example, activity patterns indicating spam or phishing, or keywords indicating adult content has been posted in an inappropriate location).
Questions? Contact us: [email protected]