Terms of Service
By using or accessing Capture Collab “Services” (web and app application), you agree to these “Terms”, our Privacy Policy, and our Acceptable Use Policy (collectively, this “Agreement”). If you do not agree to all of the Terms in this Agreement, you may not use or access the Services. Please read this Agreement carefully! It includes important information about your legal rights and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes, and class action waiver.
1. Creating an Account
Make sure your account information is up to date and keep your account safe. You are responsible for your account and any activity on it. Also, you need to be at least 13 years old to use our Services.
1.1 Signing Up. To use the Services, you much first create an account (“Account”). You agree to provide us with accurate information for your Account. We may use this information to contact you.
1.2 Protect Your Account. Make sure that others don’t have access to your Account or password. You must notify us of any actual or suspected loss, theft, or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection to your Account.
1.3 Thirteen And Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you are at least 13 years old. Also, if you are under 18, you must have a parent or guardian’s consent to this Agreement, and they may need to enter it on your behalf.
1.4 Additional User Accounts. Capture Collab allows you to add multiple users to help edit your main Account. It is your responsibility as the primary account holder to ensure that these Additional Accounts are safe and protected. You are also responsible for the Additional Account holders’ actions on your site. When you give them access to your Account, they agree to the Agreement in full.
2. Your Content
Your content is your content. You still own it when you upload it to Capture Collab. You permit us to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it and display it on your site. We may also promote or feature your content.
3. Your Responsibilities
You are responsible for the content you publish and upload to Capture Collab. You also are saying to us that it is all okay to use. We ask that you follow our rules and do not do anything illegal on our Service. Be responsible. We can not give you any legal advice about any activity you take or may want to take using our Service.
3.1 Use Only Content That You Are Allowed To Use. You represent that you own the rights to your Content or that you have and will continue to have all rights and permissions to legally use, share, display, transfer and license your Content with our Service. If we use your Content in the ways outlined in this Agreement, you represent that doing so will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights.
3.2 Follow Our Rules. You are responsible for your conduct and content and must comply with our Acceptable Use Policy. We may review your conduct and Content for compliance with these Terms and our Acceptable Use Policy. We have no obligation to do so. We are not responsible for Content.
3.3 Follow The Law. You represent that your use of the Service is not contrary to law, including applicable US export controls, regulations, and sanctions.
3.4 Share Responsibly. The Service allows you to share Content with others, including social media and the open web, without limitation. Please think about what you share. We are not responsible for what you share via the Service.
3.5 Your Site and Your End Users Are Your Responsibility. You may use the Service to create or publish content and other products or services (“Your Content”), and Your Content may have its own visitors and user (“End Users”). You understand and agree that Your Content and your End Users are your responsibility. You are solely responsible for compliance with any laws or regulations related to Your Content and your End Users, including the posting of your own privacy policy. We are not liable for Your Content or End Users and will not provide you with any legal advice.
4. Third Party Services
If you use any other service with Capture Collab, follow a link to another site, or work with someone else to edit your Content, what happens is between you and that person or service. We are not responsible for it. There is a lot of Content on our Service uploaded by many people like yourself. We are not responsible for any of that Content.
4.1 Third-Party Sites. The Service may contain links to third-party sites. When you access third-party sites, you do so at your own risk. We do not control and are not liable for those sites.
4.2 User Content. We haven’t and cannot review all of the User Content available via the Service. This means that the Service may contain User Content that is offensive or objectionable, contains errors, violates the intellectual property, privacy, publicity, or other rights of third parties, that is harmful to your computer or network, or the downloading, copying, or use of which is subject to additional terms and policies. By operating the Service, we do not represent or imply that we endorse User Content provided or that we believe such User Content to be accurate, useful, or non-harmful. We are not a publisher of, and we are not liable for, any User Content uploaded, posted, published, or otherwise made available via the Service. You are responsible for taking precautions to protect yourself and your computer or network from User Content accessed via the Service.
5. Our Intellectual Property
Capture Collab is protected by intellectual property laws. Here is an overview of how this works.
5.1 We own the Services. These Terms do not grant you any right, title, or interest in the Service, our logos, other brand features, intellectual property, or others’ content in the Service. You agree not to change, translate or otherwise create derivative works of the Services.
5.2 Your Feedback. We can use your feedback, ideas, or suggestions (“Feedback”) without any restriction or obligation to you after this Agreement is terminated.
5.3 Open Source Software. Some of the software used in the Service may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.
6. Our Rights
We need to maintain control over what happens on our services to ensure the security and integrity of Capture Collab.
6.1 Things We Can Do.
We reserve these rights, which we may exercise at any time without any notice to you.
- We may change the Services and their functionality.
- We may restrict access to or use of part or all of the Services
- We may suspend or discontinue parts or all of the Services
- We may terminate, suspend or restrict access to your Account or Your Sites
- We may change our eligibility criteria to use the Services
6.2 Handling Disputes
Disputes happen, and we try to stay out of them. In cases where disputes over ownership of an account occur, we reserve the right at any time and in our sole discretion and without any notice to you to determine the rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties resolve. We may also request documentation to help determine the rightful owner.
7. Privacy
Our Privacy Policy explains how we handle you and your site visitors’ information. You can find out that information in the Privacy Policy.
8. Copyright
We comply with copyright law and respond to complaints about copyright infringement accordingly. We respect the intellectual property of others and ask that you do the same. We respond to alleged copyright infringement they comply with the law, and such notices shod be reported to us. You can file a notice by emailing support@capturecollab.com.
9. Paid Services And Fees
Certain services of Capture Collab are paid services. We will automatically bill you in regular intervals, such as monthly, unless you disable the Service and cancel your subscription.
9.1 Fees. Some parts of our Services are paid and can only be accessed by paying a fee (“Paid Services”). Paid Services will continue until they are canceled or terminated by the Agreement. You can cancel a Paid Service anytime by contacting us. If you do not pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Various Transaction fees and additional fees may also apply to certain parts of the Services.
9.2 Taxes. All fees are exclusive of federal, state, local, or other taxes (“Taxes”). You are responsible for all applicable Taxes. We will charge Taxes in addition to the fees when required.
9.3 Subscription Renewals. To avoid service interruptions, we will automatically bill you for the period of your Paid Services from the date of your initial payment until cancellation. We will automatically charge the amount of your current subscription using the payment method on file with us. You can cancel your Paid Services at any time by contacting us.
9.4 Refunds. You may cancel any Paid Service at any time, you won’t be issued a refund except at our sole discretion.
9.5 Fee Changes. We may change our fees at any time. We will give you advanced notice of these changes via the Services. New fees will only apply going forward from the date of the change. If you do not agree with the fee change, you have the right to reject the change by canceling the Paid Service before your next payment date.
9.6 Chargebacks. If you contact your credit card company or bank to reverse a charge or decline a charge for any of our payable fees (“Chargebacks”), we may automatically terminate your Account. If you have any questions about payment, please contact us before filing a Chargeback. We reserve the right to dispute any Chargebacks.
9.7 Payment Processor. We use a third-party payment processor (the “Payment Processor”) to bill you using your payment method linked to your Account. The processing of payment is subject to the Payment Processor’s terms, conditions, and privacy policies in addition to this Agreement. We do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us using the Payment Processor the amount then in effect for any purchase by the applicable payment terms. You agree to pay us using the payment method you have provided via your Account. We reserve the right to correct or instruct our Payment Processor to correct any errors or mistakes, even if the payment has already been requested or received.
9.8 Third Party Service Fees. Third-Party Services purchased via Capture Collab or not are subject to their own terms and conditions. They may have different policies to ours, such as refund policies. All use of Third Party Services is at Your discretion. We do not offer refunds for purchases of Third Party Services.
10. Term And Termination.
The Agreement can be ended at any time by either of us.
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you MUST contact us. To terminate your service, you must contact us so that we can cancel your billing. We also reserve the right to suspend or terminate the Service at any time, at our sole discretion, and without notice. We may suspend or terminate your use of the Service if you violate our Acceptable Use Policy.
Every section of this Agreement that by its nature should survive being terminated shall survive being terminated with no limitation inclusive of Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Discourse or Dispute Resolution, and Additional Terms and conditions.
12. Warranty Disclaimers
Capture Collab Services are provided as is without warranties or guarantees. We make no guarantees or warranties, implied or expressed, about the services provided. The services are provided as is. At no time will any advice or information provided orally or written obtained by you from Capture Collab shall ever create any warranty or guarantee. Capture Collab makes no warranty or guarantees that the services provided will be timely, uninterrupted, or error-free, meet your requirements or expectations or be free from harmful components.
13. Limitation Of Liability
In no event with Capture Collab be liable concerning any claims related to the Services or this Agreement. This includes any damages, loss of profit, revenue, or data, whether tangible or intangible, any damages related to access to or the inability to access or use the Services, and any damages related to the loss or corruption of any content or data. In no event shall the aggregate liability of Capture Collab for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20).
14. Indemnification
You are responsible if you do something that gets us sued, and you will cover all costs. To the fullest extent permitted by law, you agree to indemnify and hold harmless Capture Collab from and against all damages, losses, and expenses of any kind arising out of or related to your breach of the Agreement, your User Content, Your Site, any claims from your End Users and your violation of any law or regulation or the rights of any third party. This includes attorneys’ fees and costs.
15. Dispute Resolution
You agree to try to work out any dispute with Capture Collab before filing a claim against us by emailing support@capturecollab.com with a description of your claim. We will try to resolve the dispute informally by following up via phone, email, or other methods. Claims may only be filed individually and not as part of a class action. You may not bring a claim as a plaintiff of a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney consolidation, and general action with other arbitrations are not allowed.
16. Additional Terms
This Agreement is the agreement between us regarding your use of Capture Collab. If we change the agreement in a way that reduces your rights, we will give you notice and an opportunity to cancel. If you are reading this in a language other than English, the English version will control.
16.1 Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Florida, without regard to its conflicts of law provisions.