The following terms and conditions govern all use of the https://exifshot.com website including ExifShot digital tools and services for creating graphics and images (“Service”). The Service is owned and operated by Progressivered d.o.o. (“Progressivered”, “Us”, “We”, or “Our”). By using the Service, you (“You”, “Yourself” or “Your”) agree to these terms of service, including our privacy policy (together, these “Terms”). If You disagree with these Terms, or any part of these Terms, You must not use the Service.

Description of Service

The Service is web-based and allows users to create and download custom images as described on the Service website. You can use the Service free of charge and You are not required to make an account or provide any personal details to use the Service. The Service does not store your content you use with the Service on Service servers.

Service usage

Unless otherwise stated, We or Our licensors own the intellectual property rights in the Service and material on the Service including but not limited to text, graphics, source code, software, music, sound, photographs, video, messages, or other materials. Subject to the this Terms, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Service for Your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

  • use the Serice in any way that causes, or may cause, damage to the Serice or impairment of the availability or accessibility of the Service
  • use the Service in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Service without Our express written consent.
  • modify or make derivative works based upon the Service;
  • reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Service, or (c) copy any features, functions or graphics of the Service.

By using Service, you represent that you are at least the age of majority in your country, state, or province of residence, or that you are the age of majority in your country, state, or province of residence and you have given us your consent to allow your minor dependents to use this site.

Limited access

Access to certain areas of the Service may be limited or restricted. We reserve the right to limit or restrict access to other areas of the Service, or indeed the whole Service, at Our discretion.

We reserve the right to limit or prevent Your access to Our Service at any time if we feel that You have abused Our Service in any way.

User Content

If You post or upload material to the Service, or otherwise make material available by any means to the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, source code, links, data, sound, photographs, video, or other materials.

By making Content available, You represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

Progressivered does not claim ownership of the Content you use with the Service. The Content is not stored on the Service servers and Progressivered will not use your Content to promote the Service without Your express written consent.

Links

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Our Service links, and that link to Service. Progressivered does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Progressivered does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Progressivered disclaims any responsibility for any harm resulting from your use of other websites and webpages.

Payment and Prices

You can use the Service free of charge.

Access to some additional or new parts of the Service in the future might require payment of fees. If you elect such services, you agree to pay the applicable fees and any taxes as described on the Service.

Progressivered uses a third-party payment processor FastSpring (https://fastspring.com) to manage payments. You will have the option of choosing to pay via PayPal or any major credit card. Based on your location or nature of business, You may be required to pay tax in addition to Service fee. FastSpring collect and handle taxes for all payment made through their platform. For more info visit http://www.fastspring.com/vat

We do not store your credit card or billing information on Service.

Only after your purchase has been completed and payment has been received You will:

  • have access to the chosen Service or it will be delivered to you by email;
  • receive an email receipt from FastSpring and link to download receipt in PDF format;

Progressivered reserves the right to change the price of any Service at any time. Price change will be reflected on Our Service. In the event that any price is lowered, you will not be entitled to a refund in the difference in the price from the time you purchased Products.

Service support

Service purchase grants you access to our support service which covers help and guidance on how to use the Service as advertised.

Support covers help for features and functionality unique to Service. As much as we like to help you and provide support as good as we can, we cannot assist with general non-related to Service requests.

We reserve the right to refuse or low-prioritize support to particular user at any time if we determine the support policy is being taken advantage of.

Disclaimer Of Warranties

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the parts of Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that Your use of, or inability to use, the Service is at your sole risk. The services delivered to You through the Service are (except as expressly stated by Us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation Of Liability

In no case shall Progressivered, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of of the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Breaches

Without prejudice to Our other rights under these Terms, if You breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending Your access to the Service, prohibiting You from accessing the Service, blocking computers using Your IP address from accessing the Service, contacting Your internet service provider to request that they block Your access to the Service and/or bringing court proceedings against You.

Indemnity

You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these Terms.

Assignment

We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under these Terms without notifying You or obtaining Your consent. You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these Terms.

Changes

We may revise these Terms from time to time. Revised Terms will apply to the use of the Service from the date of publication of the revised Terms on the Service.

Law and jurisdiction

These Terms will be governed by and construed in accordance with Serbian law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Serbia.

Entire agreement

This Terms together with Our Privacy policy, constitute the entire agreement between You and Us in relation to Your use of the Service and supersede all previous agreements in respect of Your use of the Service.

This Terms were last modified on December 19th, 2018.

Contact

If you have any questions about these Terms, please contact us.