Terms of Use
Last Revised: Sep. 10, 2012

The following terms and conditions ("Terms of Use") govern your use and access of the fotodanz application and/or the associated website www.fotodanz.com (together “fotodanz Services”) that are owned by bbigg Applications Inc. (herein referred to as “bbigg”, "we", "us").

Your use of the fotodanz Services constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use the fotodanz Services. Note that violation of these Terms of Use may result in your account being terminated, without prior notice to you, and your ability to access and use the fotodanz Services.

1. Basic Terms

  1. In order to user the fotodanz Services, you must be at least 13 years of age.

  2. You are responsible for keeping your password secure. You are solely accountable for any activity that occurs through your account and/or under your username and, as such, you are responsible for any text or comment, files, information, blogs, screen names, images, graphics, photos, profiles, video, audio, other sounds or musical works, applications or any other materials or links (collectively "Content") that you submit, post, share and display (“Publish”) on the fotodanz Services and/or through the fotodanz Services or directly on any associated social fotodanz pages on popular sites like Facebook, Twitter, Google+, our blog on www.bbiggapps.com or on any other blogging or social network site.

  3. You may not use the fotodanz Services for any illegal or unauthorized purpose. You must not abuse, harass, threaten, impersonate or intimidate other fotodanz users. You may not post nude, partially nude, sexually suggestive or any other type of offensive photos or comments. You understand and agree to comply with all local laws regarding online conduct and acceptable content.

    Note that while bbigg prohibits such conduct and content and will make every effort to identify and remove such content, you understand and agree that bbigg cannot be held responsible for your being exposed to such content posted by users and that you use the fotodanz Services at your own risk.

  4. You understand and agree that all Content you Publish on or through the fotodanz Services, unless an option is made available to you and you identify them as private, will be visible to other members and visitors of the fotodanz Services. Note that the fotodanz images you save on your device will remain separate and will be under your control and you may share these fotodanz images via emails as attachments using your choice of email service.

  5. You must not modify, adapt or hack the fotodanz Services. You must not access fotodanz’s private API by any other means other than the fotodanz application itself. You must not transmit any worms or viruses or any code of a destructive nature.

  6. You must not crawl, scrape, or otherwise cache any content from the fotodanz Services including but not limited to user profiles and photos.

  7. You must not spam (ie. send or submit unwanted emails or comments to) any fotodanz members, fotodanz emails and/or any of our websites.

  8. You must not use our web URLs in your name without prior written consent from bbigg Applications, inc.

  9. You must not create or modify another website so as to falsely imply that it is associated with fotodanz Services.

  10. You must not, in the use of the fotodanz Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. Not a Backup or Storage Service

While storage for your Content is provided as part of the fotodanz Services for sharing purposes, you understand and agree that fotodanz Services are not a backup service and, as such, you will take responsibility for maintaining backup of your content. bbigg will not be liable to your for the loss of any Content.

3. Changes to the Terms of Use

We reserve the right to change all or any part of these Terms of Use at any time. If the changes are determined to be significant, we will notify you via email to the email address you have provided in your account. What constitutes a "significant change" will be determined by us at our own discretion, in good faith, using common sense and reasonable judgment.

4. Other Important Conditions

  1. We reserve the right to modify or terminate the fotodanz Services at any time, for any reason, without notice.

  2. We reserve the right to refuse our fotodanz Services to anyone, for any reason, at any time.

  3. Please avoid using usernames that are trademarked, misleading and/or offensive. We reserve the right to terminate or reclaim any username that are offensive, inactive for more than four months, violates trademark, or may mislead other users.

  4. Some of the fotodanz Services may be supported by advertising revenue and may display third party advertisements and promotions alongside your Content. You hereby agree that bbigg may place such advertising and promotions as determined solely by bbigg without any specific notice to you.

  5. We reserve the right to delete any Content or account for any reason, without prior notice to users, especially if we determine in our own discretion that such Content and/or accounts containing Content to be offensive, unlawful, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Use. Note that although deleted content may be stored by bbigg in order to comply with certain legal obligations, it is not retrievable without a valid court order. Consequently, bbigg encourages you to maintain your own Content backups.

  6. Although the fotodanz Services are expected to be available throughout the day, there will be occasions when the fotodanz Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of bbigg.

  7. bbigg will not be liable to you for any modification, suspension, or discontinuation of the fotodanz Services or the loss of any Content.

5. Ownership Rights in Content on the fotodanz Services

  1. bbigg does NOT claim ANY ownership rights in the Content that you post on or through the fotodanz Services.

  2. You confirm that you own the Content or otherwise have the right to Publish this Content on or through the fotodanz Services. Furthermore, you warrant that your use of this Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and your Publishing this Content on or through the fotodanz Services does not result in a breach of contract between you and a third party. As such, you agree to pay for all royalties, fees, and any other monies owing any person for Publishing this Content on or through the fotodanz Services.

  3. The fotodanz Services contain Content of bbigg ("fotodanz Content") which is protected by copyright, trademark, patent, trade secret and other laws, and bbigg owns and retains all rights in the fotodanz Content and the fotodanz Services.

  4. The fotodanz Services contain Content of users and other third party partners of bbigg. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of other users and/or of another third party appearing on or through the fotodanz Services.

  5. By Publishing any Content on or through the fotodanz Services (sharing via emails will remain under your control), you hereby grant bbigg a worldwide, royalty-free, limited license to use, reproduce, modify and publicly display such Content using any media format on any social network or media channel.

6. Modification or Conversion of Content for Publishing

In order to enable Publishing certain types of your Content on fotodanz Services or Publish your Content on certain other social networks through the fotodanz Services, bbigg may need perform some technical processing such as reformatting and/or transcoding (“Re-processing”) of the Content before Publishing. You understand and agree that while such Re-processing may adversely affect the quality of your Content but it is necessary step to enable you to Publish such Content on or through fotodanz Services.

7. Termination of Account for Violation of Terms of Use

Violation of the Terms of Use will result in the termination, without prior notice to you, of your fotodanz account and your ability to access and use of the fotodanz Services.