Terms of Use

By using the Kaboose Photos website, a service of Kaboose Inc. ("Kaboose"), you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

• You must be 13 years and older to use this site.
• You are responsible for any activity that occurs under your screen name.
• You are responsible for keeping your password secure.
• You must not abuse, harass, threaten or intimidate other Kaboose Photos users.
• You may not use the Kaboose Photos service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Kaboose Photos service.
• Kaboose Photos is intended for personal use and is not a generic image hosting service. Professional or corporate uses of Kaboose Photos are prohibited.
• You must not modify, adapt or hack Kaboose Photos or modify another website so as to falsely imply that it is associated with Kaboose Photos.
• You must not create or submit unwanted email to any Kaboose Photos members ("Spam").
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of Kaboose Photos, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Kaboose Photos account. While Kaboose Photos prohibits such conduct and content on its site, you understand and agree that Kaboose Photos cannot be responsible for the Content posted on it, and you nonetheless may be exposed to such materials and that you use the Kaboose Photos service at your own risk.

General Conditions

• We reserve the right to modify or terminate the Kaboose Photos service for any reason, without notice at any time.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
• The Kaboose Photos service makes it possible to post images hosted on Kaboose Photos to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display images hosted on Kaboose Photos must provide a link back to Kaboose Photos from each photo to its photo page on Kaboose Photos.
• Your account will also be terminated if it is used for hosting graphic elements of Web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.

Copyright (What's Yours is Yours)

• We claim no ownership over the material you provide to the Kaboose Photos service. Your profile and materials uploaded remain yours. You can clear your profile at any time by clearing all profile fields in your account. You can also delete any private images that you have stored in the system. However, by setting your uploaded images as "public," you hereby grant Kaboose Photos and each user of the Kaboose Photos site a worldwide, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, print and publish your images, for profit or otherwise. The foregoing license granted by you terminates once you remove or delete a "public" image without prejudice to any exercises of the license by Kaboose Photos or others which occur as a result of your previous uploading images as "public."
• Kaboose undertakes to obey all relevant copyright laws, however misguided we may all judge them to be. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit Kaboose to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to photohelp@kaboose.com or Kaboose Inc., 505 University Avenue, Suite 1400, Toronto, ON M5G 1X3, Canada.