The following agreements and resources below govern your use of any of OhNoMyPhotos' services.

Terms of Service

Introduction

Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the services provided to you by OhNoMyPhotos.

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors.

Part A: Provisions applicable to all Users of the Service

  1. Operator
  2. This Service is operated by OhNoMy Ltd. OhNoMy Ltd and OhNoMyPhotos are also referred to in these Terms as "we" and "us".

  3. Purpose of the Service
  4. OhNoMyPhotos offer recovery services for images and/or data from digital media. NB - While OhNoMyPhotos will make every effort to recover the data, some data will be unrecoverable.

  5. Privacy
  6. We have a firm commitment to safeguarding your privacy. Please review OhNoMyPhotos' Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.

  7. Trademarks
  8. All brand, product and service names used in this Service which identify OhNoMyPhotos, its parent company OhNoMy Ltd or third parties and their products and services are proprietary marks of OhNoMyPhotos, OhNoMy Ltd and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of OhNoMyPhotos, OhNoMy Ltd or any third party with respect to any such image, logo or name.

  9. Copyright
  10. OhNoMyPhotos is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means)

  11. Amendment of the Terms
  12. We reserve the right to amend these Terms from time to time. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

  13. Disclaimer of Warranty and Limitation of Liability
  14. OhNoMy Photos agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.

    THE SERVICE, OhNOMyPhotos' SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, OhNOMyPhotos DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

    YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO OhNoMyPhotos, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

    EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, OhNoMyPhotos' SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF OhNoMy Photos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  15. Conduct
  16. You agree not to use the Service:

    1. for any unlawful purposes;
    2. to upload, post, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
    3. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to OhNoMy Photos and OhNoMy Ltd;
    4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
    5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
    6. to upload, post, email or otherwise transmit any material which is likely to cause harm to OhNoMy Photos or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
    7. to make images hosted by OhNoMy Photos available for viewing by the general public through a publicly posted link to the image or otherwise;
    8. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    9. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
    10. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

    You further agree that you shall not:

    1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
    2. provide any information to OhNoMy Photos that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
    3. resell the Service or any portion of the Service.
  17. General
  18. These Terms constitute the entire agreement between OhNoMy Photos and you with respect to your use of the Service. OhNoMy Photos's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

  19. Comments
  20. If you have any comments or questions about the Service please contact us by email us at support@OhNoMyPhotos.com

  21. Pricing and Delivery
  22. All prices are stated in pounds sterling and are valid until altered by us. Prices include delivery charges.In the event that you order products and the price published on the Service was incorrect, OhNoMyPhotos will contact you to let you know the correct price and ask you whether you still wish OhNoMy Photos to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

  23. Copyright in Your Images
  24. OhNoMyPhotos does not claim ownership rights in any image contained in your account.

  25. Responsibility for Your Images
  26. You are responsible for all of the images you upload, share or copy using the Service.

  27. Monitoring of Content
  28. OhNoMyPhotos does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

  29. Suspension and Termination of Access
  30. You agree that OhNoMyPhotos may at any time without notice:

    1. move, change, or suspend any part of the Service; or
    2. refuse to fulfill any order, or any part of any order and delete any content stored in your account if, in OhNoMyPhotos's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

Privacy Statement for OhNoMyPhotos


Last Revised September 01. 2005

We at OhNoMyPhotos have a firm commitment to safeguarding the privacy of our customers. This page will inform you about our information gathering and dissemination practices for OhNoMy Photos and all of our services. If you have questions or concerns regarding this statement, you should contact support@OhNoMyPhotos.com.

OhNoMy Photos is also referred to in this Statement as "we" and "us".