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Terms of Service
Last Updated: 8/31/2023
Thank you for using PhotoSphere. PhotoSphere is provided by RaWerks, Inc. (“RaWerks”).
We provide PhotoSphere for use in conjunction with various RaWerks recognized products (“Products”). These Terms of Services (“Terms”) govern your use and access to PhotoSphere. Your agreement is with RaWerks. Our Privacy Policy explains how we collect and use your information when you use PhotoSphere. By using PhotoSphere, you agree to be bound by these Terms and our Privacy Policy.
You acknowledge and agree that PhotoSphere and Products are not certified for emergency response. We make no warranty or representation that use of PhotoSphere or Products with any third-party product or service will affect or increase any level of safety or security. PhotoSphere and Products do not incorporate third-party monitored emergency notification system. All life threatening and emergency events should be directed to appropriate response services.
These Terms govern your use of PhotoSphere. Your purchase of any Product is governed by the limited warranty provided with that Product.
You are prohibited from registering a Product for use with PhotoSphere or from using PhotoSphere unless you are 18 years of age or older, or above the age of equivalent minimum age in the relevant jurisdiction. Please check your local law for the age of digital consent. You may not use PhotoSphere where prohibited by applicable law. If you are not 18 years of age or older, or under equivalent minimum age in the relevant jurisdiction, you must have your parent or legal guardian register a Product or use PhotoSphere. Please contact us if you believe your child has provided us with personal information in connection with the PhotoSphere.
To use your Product via PhotoSphere, you are required to create a PhotoSphere Account.；if applicable, you may login into PhotoSphere Apps through a third-party account.
Creating a PhotoSphere Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; and (ii) you will maintain the accuracy, security, and confidentiality of such information and your password; and (iii) your use of the PhotoSphere Account does not violate any applicable law or regulation. You have no right to transfer your PhotoSphere Account to any other individuals in any manner. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your PhotoSphere Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any breach of security. You may be held liable for losses incurred by us or any other PhotoSphere users due to someone else using your Account as a result of your failing to keep your PhotoSphere Account information secure and confidential.
You may not use anyone else’s PhotoSphere Account at any time without the express permission and consent of the holder of that PhotoSphere Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You understand and agree that if you do not log in for more than 12 consecutive months after registering the PhotoSphere Account, we have the right to reclaim the account for the purpose of optimizing management and other purposes.
Login in through a third-party account. Before doing this, please ensure that you have full rights for the third-party account you use, and you are willing to access PhotoSphere through it. Further, you understand and agree that RaWerks may collect your public information with that third-party, only for generating your unique login license.
Use of certain Products or discrete functionality may require Internet access and registration to PhotoSphere. You must have the necessary hardware, software, and Internet access needed to register and use the Product with PhotoSphere. PhotoSphere will not be accessible without: (i) a computer or a mobile device with Android OS, iOS, or other applicable operation system to pair the Products; (ii) an Account; and (iii) other system elements that may be specified by us in connection with specific Products. In addition, you acknowledge that we may activate Wi-Fi services on your device to facilitate proper registration of the Product, and connectivity and registration to PhotoSphere.
We may change, upgrade, discontinue, or temporarily suspend any feature or component of PhotoSphere at any time without notice. We cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to PhotoSphere will operate as intended. You acknowledge that you may be required to install software updates to use PhotoSphere with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
These Terms will remain in full force and effect as long as you continue to access or use PhotoSphere, or until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, we may suspend or terminate your rights to use PhotoSphere if we believe in good faith that you have used any RaWerks Services in violation of these Terms. If you transfer a Product to a new owner, your right to use RaWerks Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or RaWerks Services under your account and will need to register for a separate account with PhotoSphere. YOU ACKNOWLEDGE THAT THE PRODUCT YOU PLAN TO TRANSFER SHOULD BE DELETED IN YOUR ACCOUNT BEFORE SUCH TRANSFER. Upon termination of your account, your right to use RaWerks Services will automatically terminate and we may delete Your Content and other information related to your account immediately, unless otherwise required by applicable laws.
Subject to your compliance with these Terms, we grant you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) PhotoSphere Apps, and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and RaWerks Services. You may only use the PhotoSphere Apps on devices or computers that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors.
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit PhotoSphere or RaWerks Services, (iii) copy or reproduce PhotoSphere or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in PhotoSphere; (v) use PhotoSphere or RaWerks Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of RaWerks, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of RaWerks, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use PhotoSphere or RaWerks Services for any service bureau, time-sharing, resale, or similar purposes.
We reserve all rights and licenses in and to the Software not expressly granted to you under these Terms.
Certain items of software included with the Products are subject to “”open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, we make such Open Source Software, and our modifications to that Open Source Software, available by written request to us via our contact information. By downloading/requesting the source code to any of the Open Source Software (“Source Code”), you agree to the following:
WE PROVIDE THE SOURCE CODE TO YOU ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOSPHERE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTOSPHERE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You may access and use PhotoSphere solely for the purposes of (a) operating, managing, monitoring, and maintaining the Products, and (b) viewing and storing video, audio, and other content transmitted by the Products or your Mobile terminal equipment to PhotoSphere.
When using PhotoSphere, you shall not:
These Terms shall apply to any future update, release, or other change to PhotoSphere.
RaWerks respects intellectual property rights and pays attention to protecting users’ rights. In the process of using RaWerks Services, RaWerks may transfer your content for the purpose of providing you with upload, sharing and other services. In this case, you remain entitled to the full intellectual property rights in the Content.
The contents provided to you by PhotoSphere include but are not limited to: text, software, sound, photos, videos, charts, etc. uploaded/provided by non-users. All of these contents belong to RaWerks and related rights holders, and are protected by copyright, trademark, patent and other property ownership laws. Therefore, you can only use the content under the authorization of RaWerks and related rights holders, and you cannot copy, recreate, or create derivative products related to the content.
RaWerks, PhotoSphere, and other symbols of RaWerks are trademarks of RaWerks (hereinafter referred to as ” RaWerks Logo”). Without the prior written consent of RaWerks, you shall not display, use or otherwise dispose of the RaWerks logo in any way, nor shall you indicate to others that you have the right to display, use or otherwise dispose of the RaWerks Logo.
If you share the content for other users to download, view, listen to, or otherwise access or distribute, it must ensure that the distribution and implementation of the content are in accordance with the relevant copyright policies in the relevant intellectual property laws and regulations.
You acknowledge and agree that RaWerks will deal with qualified infringement notices issued by third parties in accordance with relevant laws and regulations, delete or prohibit access to sharing links containing infringing content as required, and adopt and implement appropriate measures to prevent repeated infringement under corresponding conditions.
If we find or receive complaints or reports about your information or your use of RaWerks Services in violation of laws and regulations or these Terms, we have the right to independently determine your actions and the applicable rules and deal with them accordingly, including requiring you to remove such content immediately, suspending or terminating the provision of services to you in whole or in part, and requiring you to indemnify you for relevant losses; You shall also be solely responsible for any claim made by any third party as a result of your foregoing actions. In addition, you should be aware and understand that, in addition to the information provided by the complainer or the complainant, our system records may also be used as relevant evidence of your violation of the law or these Terms.
RaWerks reserves the right to determine whether your actions comply with the requirements of these Terms. If you violate the provisions of these Terms while using the RaWerks services, RaWerks shall have the right to take such measures as warning, refusing to release, deleting information, restricting functions, suspending updates, suspending services, ending services or closing accounts, reporting to relevant regulatory authorities or authorities, and keeping relevant records. If your actions cause losses to RaWerks or a third party, you shall compensate them.
To provide RaWerks Services, we may collect and use your personal information. We detail our practices in our Privacy Policy, which you must agree to in order to use the Products and RaWerks Services.
PhotoSphere is intended to be accessed and used for non-time-critical information and control of the Products. While we strive for PhotoSphere to be highly reliable and available, it is not intended to be reliable or available 100% of the time, considering that PhotoSphere are subject to sporadic interruptions and failures for a variety of reasons beyond our reasonable control, including Wi-Fi intermittency, service provider uptime, mobile and carrier notifications, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of PhotoSphere to reflect current status of the Product, notifications, or timing of Your Content.
PhotoSphere may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. We do not offer any specific uptime guarantee for PhotoSphere. We are not liable for any losses arising from a suspension of PhotoSphere.
All information concerning PhotoSphere and use of the Product with PhotoSphere is provided “as is” and “as available”. We do not guarantee that this information is correct or up to date. Accessing the information through PhotoSphere is not a substitute for direct access to the information in or on the Product itself.
PhotoSphere relies on certain third-party products and services. For example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through PhotoSphere. These third-party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. We are not responsible for any damages and losses due to the operation of these third-party products and services.
You acknowledge that you are responsible for all fees charged by your Internet Service Provider (“ISP”) and carrier in connection with your access to and use of PhotoSphere and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.
You acknowledge and agree that the availability of PhotoSphere is dependent on the third-party web services from which you download PhotoSphere App– for example, the Android app market from Google (each an “Store”). You acknowledge that these Terms are between you and us exclusively and not with a Store. Each Store may have its own terms and conditions to which you must agree before downloading PhotoSphere App from that Store. You agree to comply with, and your license to use the PhotoSphere App, is conditioned upon your compliance and agreement with such Store terms and conditions. To the extent such other terms and conditions from such Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
We are not responsible for third parties or their products and services, including, without limitation, any third-party products and services that enable PhotoSphere, equipment, ISPs, carriers, the App Stores, and Third-Party Sites.
WE HEREBY DISCLAIM AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE US AND OUR LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.
WE STRIVE TO PROVIDE GREAT SERVICES, BUT THERE ARE CERTAIN THINGS THAT WE CANNOT GUARANTEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTOSPHERE ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Some jurisdiction does not allow the disclaimers in this paragraph, so they may not apply to you.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH PHOTOSPHERE.
WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH PHOTOSPHERE, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH PHOTOSPHERE.
YOU ACKNOWLEDGE THAT THE USE OF PHOTOSPHERE SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. WE DO NOT REPRESENT OR GUARANTEE THAT PHOTOSPHERE WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF PHOTOSPHERE. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT US) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT WE SHALL NOT BE LIABLE IN THE EVENT THAT PHOTOSPHERE IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE PHOTOSPHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
WE DON NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO – THIS INCLUDES ANY LIABILITY FOR OUR FRAUD OR FRAUDLENT MISREPRESENTATION IN PROVIDING PHOTOSPHERE. IN JURISDICTIONS WHERE THE FOLLOWING TYPES OF EXLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE PHOTOSPHERE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY PHOTOSPHERE OR BY FAILURES OF PHOTOSPHERE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO $10 USD OR 100% OF ANY AMOUNT PAID BY YOU TO US FOR RAWERKS SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RAWERKS AND YOU.
You agree to defend, indemnify, and hold us, our directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of PhotoSphere and Products which constitutes a culpable (negligent or willful) violation of these Terms and any other information issued by us; (ii) your culpable violation of these Terms; and (iii) your culpable violation of any law or the rights of any third party. We will use reasonable efforts to notify you of any such claim, action or proceeding without undue delay upon becoming aware of it.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Utah, United States, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree all disputes arising out of or relating, in any way, to these Terms or your use of PhotoSphere, on an individual and purely bilateral, non-class/non-representative bases, shall be resolved by means of arbitration and shall be submitted exclusively use the services of United States Arbitration & Mediation. The preceding provision regarding dispute resolution does not apply in some jurisdiction where such dispute resolution may be prohibited. For example, if you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of PhotoSphere must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
These Terms constitute the entire and exclusive understanding between you and us with respect to the use of PhotoSphere, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding PhotoSphere. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
We may revise these Terms from time to time to better reflect: (i) changes to the law; (ii) new regulatory requirements, or (iii) improvements or enhancements made to PhotoSphere. If an update affects your use of PhotoSphere or your legal rights as a user of PhotoSphere, we will notify you prior to the update’s effective date via an in-app notification. These updated terms will be effective no less than 7 days from when we notify you.
If you don not agree to the updates we make, please do not use PhotoSphere before they become effective. By continuing to use or access PhotoSphere after the updates come into effect, you agree to be bound by the revised Terms.
Should you have any questions, please contact us immediately through the contact information as following：
E-mail：info@getphotosphere.com
RaWerks, Inc.
773 E LAKEMONT DR
DRAPER UT 84020
UNITED STATES