Terms & Conditions
Welcome to Capture.it!
IMPORTANT: PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CAPTURE LABS ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
USE OF SERVICE
By downloading, accessing, or using the Service, you agree to the following:
- You represent and warrant that you are at least 13 years old or are using the Service under parent or guardian supervision. You also represent and warrant that you are not a person or entity barred from accessing the Service under the laws of any jurisdiction.
- Subject to the terms of this Agreement, Capture Labs hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Service by displaying it on your Internet browser or mobile device only for its intended purpose. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph and deletion of your account without notice to you. You may, at your sole discretion and without notice to Capture Labs, deactivate and/or delete your account and content at any time. Any rights not expressly granted herein are reserved by Capture Labs.
- We respect other people’s rights, including intellectual property rights, and expect our users to do the same. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Service or any portion of it, including but not limited to, other users’ profiles and data, any other users’ User Generated Content unless expressly permitted by Capture Labs in writing. You may not make any commercial use of any of the information provided on the Service or make any use of the Service for the benefit of another business unless explicitly permitted by Capture Labs in writing. Any violation of any person or entity’s intellectual property or other rights will result in the immediate termination and deletion of your account. If you suspect another user is violating any person or entity’s intellectual property or other rights, please report such activity immediately to Capture Labs at the UGCviolation@capture.it insert email or the postal address listed below.
- You shall not upload to, distribute, or otherwise publish through this Service any content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, pornographic, hateful, or could give rise to any civil or criminal liability under U.S. or international law; (c) is personal, defamatory, abusive, harassing, threatening, impersonating, or intimidating to any other person or entity; (d) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or (e) violates or breaches any agreement, contract, employment policy, or the like.
- You are solely responsible for your interactions with other Capture Labs users, and agree that you will not (a) solicit, collect, or in any way obtain any other user’s login credentials without that person or entity’s expressed written consent; (b) create false accounts, including but not limited to, through unauthorized means, such as an automated device, crawler, or scraper; and (c) hinder or in any way restrict any other user’s access to or ability to enjoy the Service.
- Capture Labs may assign you a password and account identification, which enables you to access and use the Service. You will be deemed to be authorized to access and use the Service in a manner consistent with this Agreement each time you use your password or identification. Capture Labs shall have no obligation to investigate the authorization or source of any such access or use of this Service. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SERVICE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you and you shall immediately notify Capture Labs of any unauthorized use of your password or identification or any other breach or threatened breach of this Service’s security.
- You are responsible for obtaining the data network access necessary to use the Service. In addition to any charges and other fees incurred through use of the Service, either from Capture Labs or any third party provider, your mobile network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service, and the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
ACCOUNT and USER GENERATED CONTENT
In order to use most aspects of the Service, you must register for and maintain a user account. You must be at least 13 years old to create a user account and use the Service. Account registration requires you to submit to Capture Labs certain personal information, including but not limited to, your name, address, mobile phone number, age, and at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your user account at all times. Your failure to maintain such information may result in your inability to use the Service, and termination of this Agreement and your user account. You are responsible for all activity that occurs within your user account, and you agree to maintain the security of your user account information.
As between you and Capture Labs, you own the content you upload, such as photos, videos, comments, posts, and other material and information that you submit or post through the Service (“User Generated Content”), and you grant Capture Labs a non-exclusive, worldwide, transferable and sub-licensable license and right to use, copy, modify, distribute, publish, and process, information and User Generated Content you provide, without any further consent, notice and/or compensation to you or others. Capture Labs does not claim ownership of any User Generated Content you post on or through use of the Service. These rights are limited in the following ways:
- You can end this license for specific User Generated Content by deleting such User Generated Content, or generally by closing your account, except (a) to the extent User Generated Content is shared with others as part of the Service resulting in it being copied, stored, or managed by others or on others’ accounts, (b) for the reasonable time it takes to remove from backup and other systems. If you deactivate, delete, or terminate your user account, Capture Labs will store your User Generated Content for thirty (30) days in the event you choose to re-subscribe to the Service. Capture Labs will forever delete all User Generated Content after forty-five (45) days of deleting an account. Capture Labs may, in its sole discretion, provide notice via email before User Generated Content is forever deleted.
- We will seek your consent if we want to give others the right to publish your User Generated Content beyond the Service. However, other members and/or visitors may access, share, and store your User Generated Content and information, consistent with your settings.
- While we may edit and make formatting changes to your User Generated Content (such as translating it, modifying the size, layout or file type, or removing metadata), we do not intend to nor will we modify the meaning of your expression.
- You may choose to make your User Generated Content and information available to others.
By submitting suggestions or other feedback regarding our Service to Capture Labs, you agree that Capture Labs can use and share such feedback for any purpose without compensation to you.
You agree to only provide User Generated Content or information that does not violate the law or any other person’s rights (e.g., without violating any intellectual property rights, breaching a contract, etc.), and you agree to be fully responsible for all royalties, fees, and other monies owed to others stemming from User Generated Content you post on or through the Service. You also agree that your profile information will be truthful.
Submissions and opinions that are User Generated Content are those of the individuals or entities expressing such submissions or opinions, and do not reflect Capture Labs’. Capture Labs is not responsible for User Generated Content.
MEMBERSHIP and PAYMENT TERMS
Capture Labs is a photo and video application, which allows users to create, customize, share, and archive events. Users are able to upload up to one hundred (100) photos or videos, in the aggregate, free of charge or can store up to 1 terabyte of photos and videos by subscribing to the Service on a monthly or annual basis.
In order to use the paid services and features, you must provide Capture Labs with at least one valid payment method. You may change your payment method and information at any time, so long as at least one valid payment method is kept on file at all times. Payments for monthly and annual subscriptions will be automatically charged seven (7) days prior to the respective renewal date.
All payments will be processed exclusively by Capture Labs using the payment method and information designated by you in your user account. After such payment has been made, you will receive a receipt from Capture Labs. By using the Capture Labs service, you hereby authorize Capture Labs to charge your credit and/or debit card for any and all payments.
You may cancel or downgrade your paid subscription at any time. Upon cancelation of a monthly or yearly subscription, you will incur no new charges. However, fees already paid for a monthly or yearly subscription are not eligible for refunds.
Other than User Generated Content, all graphics, images, videos, icons, and text on the Service (collectively, the “Capture Labs Content”), belongs exclusively to Capture Labs or its Capture Labs Content suppliers. All software used on this Service (the “Software”) is the property of Capture Labs or its Software suppliers. U.S. and international copyright laws protect the Capture Labs Content and Software. The use of any of Capture Labs’ trademarks or service marks without or Capture Labs’ express written consent is strictly prohibited. You may not use any of Capture Labs’ trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or harm to Capture Labs, LLC.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Capture Labs may, without notice to you, terminate this Agreement or revoke any or all of your rights granted under it at any time. The provisions relating to intellectual property, Disclaimer, Limitation of Liability, Applicable Laws, Indemnification, and Severability shall survive any termination.
This Service may be accessed from outside the United States, and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Users who access or use the Service from outside the United States are responsible for complying with their local laws and regulations.
THIS SERVICE IS PRESENTED “AS IS” AND MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CAPTURE LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES CAPTURE LABS MAKE ANY WARRANTY AS TO THE RESULTS OR EXPERIENCE THAT MAY BE OBTAINED FROM USE OF THIS SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. PRICE INFORMATION IS SUBJECT TO CHANGE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS SERVICE OR ANY SITES WITH WHICH IT IS LINKED.
CAPTURE LABS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EXPERIENCE, CONTENT, OR RESULTS OF USE OF THE MATERIALS AVAILABLE ON THIS SERVICE. CAPTURE LABS (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICE, CONTENT, EXPERIENCE, OR ANY OTHER PORTION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, GRAPHICS, OR LINKS UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY; RISK OF LOSS
IN USING THIS SERVICE, YOU AGREE THAT CAPTURE LABS WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF LINKS ON THE SERVICE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND CAPTURE LABS’ REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, CAPTURE LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPTURE LABS’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO CAPTURE LABS THROUGH THE SERVICE DURING THE BILLING PERIOD IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO CAPTURE LABS’ LIABILITY.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CAPTURE LABS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CAPTURE LABS’ CHOICE OF LAW PROVISION SET FORTH BELOW.
THIRD PARTY PROVIDERS
This Service may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Capture Labs is not responsible for the operation of or content located on or through any such website.
The laws of the State of Florida shall govern this Agreement. Any dispute relating in any way to your visit to or use of the Service shall be submitted to confidential arbitration in Miami-Dade County, Florida, except in regards to issues regarding violations of Capture Labs’s intellectual property rights, for which Capture Labs may seek relief from any state or federal court of competent jurisdiction in the State of Florida. By using the Service, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of the State of Florida. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. In using this Service, you further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of this Service or Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Further, by using this Service you agree that Capture Labs’ remedy at law for any actual or threatened breach of this Agreement would be inadequate. As such, Capture Labs shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that Capture Labs may be entitled to recover, along with reasonable expenses incurred by Capture Labs for any form of dispute resolution, including, without limitation, reasonable attorneys’ fees. No right or remedy of Capture Labs shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by Capture Labs of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver. No act or omission by or on behalf of Capture Labs is intended to be, nor should be construed as, a waiver of any of its rights, claims, causes of action, or remedies related to this Agreement.
If any provision of this Agreement is deemed void, invalid, or unenforceable for any reason by an arbiter or court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible under applicable law. All provisions of this Agreement are severable, and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions constitute the entire agreement between you and Capture Labs, and governs your use of the Services, and supersedes any prior agreements, whether written or oral, between you and Capture Labs. You may not assign this Agreement or assign any rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Capture Labs. Any purported assignment or delegation by you in contravention of this paragraph shall be null and void. This Agreement does not confer any third-party beneficiary rights.
For more information related to the Service, please visit our FAQ page at https://captureitsupport.zendesk.com/hc/en-us
CAPTURE LABS, LLC ADDRESS
Please send any questions or comments regarding the Services to:
Capture Labs, LLC.
2890 State Road 84
Fort Lauderdale, Florida 33312