Terms of Use

You are hereby granted a license to use Photo Ephemeris Web, also known as The Photographer's Ephemeris® web app (the "Application"), a web application published by Crookneck Consulting LLC (the "Publisher", "we", "us", "our") available at app.photoephemeris.com and, in the Publisher's sole discretion, in beta form at beta.photoephemeris.com, and associated services (the "Services"), including, but not limited to user account creation and management, and location synchronization, subject to your acceptance of the terms of this agreement (the "Agreement").

You may contact us by email regarding this Agreement at support@photoephemeris.com.

1. ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”). This Agreement constitutes the entire and only agreement between the Publisher and you with respect to the Application and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Application and Services, the content, products or services provided by or through the Application and Services, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted at this site, and you should review this Agreement prior to using the Application or Services.

2. COPYRIGHT AND OWNERSHIP

The Application and Services are the copyright of the Publisher, except as provided by the license agreements of third party software and terms of use of third party services incorporated into the Application and Services. This agreement confers no intellectual property rights to you.

3. THIRD-PARTY SERVICES

The Application includes Google Maps features and content. Your use of Google Maps features and content within the Application is subject to (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.

In addition, you acknowledge and consent to the use of other 3rd party software and services as part of the Application and Services as determined by the Publisher in its sole discretion.

4. ACCEPTANCE OF PRIVACY POLICY

You hereby acknowledge and accept the terms of the Publisher's Privacy Policy.

5. COMPATIBILITY

The Application and Services are intended for use in a standard web browser on a desktop or laptop computer; they may be used on tablet devices, but you accept that compatibility and usability may limited and that certain functionality may be unavailable. Use of the Application and Services on mobile devices or smartphones is not supported.

While we use reasonable efforts to maintain compatibility with current versions of major web browsers and operating systems, you acknowledge and accept that the Application and Services may not function correctly, or at all, on some systems or devices. We may advise from time to time which operating system and browser versions are recommended for use. Such advice is subject to change without notice to you.

6. RESTRICTIONS ON USE

Without prior written authorization from us, you must not: (a) copy, translate, modify, or make derivative works of the Application or Services or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Application or Services available to third parties;(c) reverse engineer, decompile or otherwise attempt to extract the source code of the Application or Services or any part thereof, unless this is expressly permitted or required by applicable law.

7. USER ACCOUNTS

We may allow you to create an end user account intended for use with the Application and Services. We reserve the right to delete your account without notice if (i) the email address you provide is unreachable, (ii) you fail to verify your email address, (iii) the account remains unused for a period of more than 6 months, (iv) we have reason to believe the account has been created in order to access the Application or Services fraudulently, including activities such as the avoidance of payment, or to obtain multiple free trials.

Where the Application or Services require you to sign in using an account, you agree that the account shall be used by you alone and shall not be intentionally shared with or disclosed to others. You agree to use reasonable efforts to keep your account details private and secure, and agree to notify us immediately by writing to support@photoephemeris.com if you know or suspect that your account is being used by or may have been accessed by a third party.

8. REASONABLE USE AND CONDUCT

You agree that you are responsible for your own conduct and content while using the Application or Services, and for any consequences thereof. You agree to use the Application and Services only for purposes that are proper and in accordance with this Agreement and any applicable policies or guidelines we may make available. By way of example, and not as a limitation, you agree that when using the Application or Services, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements; (e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines; (f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; (g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of content, software or other material; (h) restrict or inhibit any other user from using and enjoying the Application or Services; (i) use any robot, spider, site search/retrieval application, or other device to retrieve, index or collect information about users for any unauthorized purpose; (j) promote or provide instructional information about illegal activities; (k) promote physical harm or injury against any group or individual; or (l) transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.

9. YOUR DATA

You are solely responsible for safeguarding and backing-up any data you enter into or obtain from the Application or Services. The Publisher shall use reasonable skill and due care in providing the Application and Services, but does not guarantee or warrant that any content you may store or access through the Application or Services will not be subject to inadvertent damage, corruption, loss, theft or unauthorized access by third parties.

You hereby consent to us storing, backing-up, accessing and otherwise transforming, migrating or restoring any data you submit to us during the course of using the Application and Services. This data may include personally identifiable information such as your name and email address. You acknowledge and agree that the Publisher's staff may have access to your data during the normal course of maintaining, repairing, debugging and monitoring the Application or Services.

Data that you submit via the Services is backed up regularly by the Publisher for the purpose of service restoration in the case of a malfunction or other service affecting event. Upon deleting your account, your data is removed from our production databases, but may remain on our servers indefinitely in back-up form.

10. SUBSCRIPTIONS

We offer paid subscriptions to access premium functionality within the Application and Services. If you choose to purchase a susbcription, the terms in this section are applicable to you. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. If you have, in good faith, made an error during the completion of your purchase and wish to make a change to your order, you may contact us at support@photoephemeris.com with details and we will make reasonable attempts to help correct such error.

Subscriptions are billed in advance on a monthly, quarterly, or yearly basis respectively. By signing up for a subscription plan, you authorize our online reseller Paddle.com to bill such debit/credit card or other payment method that you provide on the date you purchase such subscription (the Effective Date) and subsequent renewal dates (if applicable) for the subscription fee due for the subscription term or renewal term.

Refunds and cancellation: initial subscription charges are refundable if you contact us at support@photoephemeris.com within 14 days of initial purchase (7 days for monthly plans). Subscription renewal charges are refundable if you contact us at support@photoephemeris.com with 7 days of the charge ( 3 days for monthly plans).

Your subscription will remain active until cancelled by you or us. You may update your payment method or cancel your plan online within the Application at any time. You may alternatively request that we cancel your subscription by writing to us at support@photoephemeris.com. If you cancel your subscription prior to the expiry of the current subscription plan period (as displayed on the subscription page of the Application), your plan will remain active until the indicated validity date, unless you request otherwise by writing to us. We do not offer refunds or credits for partial months of service, plan downgrades, or for time unused with an active subscription, including, but not limited to any remaining time period between cancellation and expiry.

Your use of and access to premium functionality provided by a subscription is subject to your compliance with this Agreement. In the event that we determine that you are in breach of this Agreement, we reserve the right to suspend or cancel your subscription and account.

Your purchase of a subscription to the Application does not include access to additional versions intended for other platforms, including but not limited to mobile devices and mobile operating systems, unless specifically stated by us at the time of your purchase.

11. BETA SOFTWARE

The Publisher may from time to time in its sole discretion make available a beta version of the software. You acknowledge that beta software is incomplete, may not function correctly, may suffer from performance issues and may be unavailable without notice.

12. TERMINATION

The Publisher reserves the right to terminate access to the Application, or any part thereof at any time without prior notice to you. You agree that the Publisher will not liable to you or any third party for any modification, withdrawal, amendment or loss of access by you to any part of the Application or the Application in whole, or for any loss of data or other consequential loss.

13. CHANGES TO THIS AGREEMENT

We reserve the right to modify this Agreement from time to time in its sole discretion, without prior notice to you.

14. DISCLAIMER

The Application and Services are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the Publisher, authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Application or the use of or other dealings in the Application.

The Application and Services may contain bugs, errors, problems, or other limitations. The Publisher and affiliated parties have no liability whatsoever for your use of any information derived from the Application, or from use of the Application or Services. In particular, but not as a limitation thereof, the Publisher and affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between you and the Publisher. The Application and Services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from the Publisher shall create any warranty, representation or guarantee not expressly stated in this agreement.

All responsibility or liability for any damages caused by computer viruses, malware, or similar, contained within the application is disclaimed. The Publisher will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Application or Services.

Last updated 1 March 2021
Rev 09