Phothuk

Terms of Service

Website: phothuk.com | Version:May 3, 2022

By using the phothuk.com web site ("Service" or "Phothuk"), a service of CAMELIA THUK LTD. ("Cameliathuk"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read them carefully.

Violation of any of the terms below will result in the termination of your Account. While Cameliathuk prohibits such conduct and Content on the Service, you understand and agree that Cameliathuk cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, company name and any other required information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Cameliathuk cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not resell any part of the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

- The Service is billed in advance on a monthly schedule, depending on which payment interval is chosen by you. The Service has different plans, which have different storage capacity and bandwidth limits and fees.
- Unless the account has been closed / terminated, the service will automatically renew at the end of the term. If the Service changed, the renewal plan will be the one we choose as being the closest to the original Service.
- All payments are nonrefundable and there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- If an Upgrade occurs the upgrade will take effect immediately and the length of Service will be extended.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Photjuk Site and payments made by you herein.

Cancellation and Termination

- You are solely responsible for properly discontinuing use of the Service. An email or phone request to remove your payment details from your account is not considered discontinuing use of the Service. To discontinue use of a paid Service, click Hosting Plan, then under Plan Management click the Stop Plan button.
- If your bandwidth or storage usage exceeds the purchased limits of the Service plan purchased, for any reason during the Service term, Cameliathuk reserves the right to temporarily throttle your file hosting, stop distributing your content or disable your Account until the end of the Service term or until you upgrade the Service. We do provide convenient options to satisfy the needs of our customers with Service plans that cover all bandwidth and storage needs.
- All payments are nonrefundable and there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All of your Content will be deleted from the Service after 30 days from Account cancellation or suspension. You understand we cannot guarantee your Content can be recovered once it is deleted from the Service.
- If you cancel the Service before the end of your current fully paid-up billing cycle, your cancellation will take effect immediately and you will not be charged again.
- Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms.
- Cameliathuk, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Cameliathuk reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

All content posted on the Service must comply with U.K. and U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
Phothuk does not pre-screen Content, but Phothuk has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
If you share content, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share content and who may access the Content that you share.
This license continues even if you stop using our Service. Some Services may offer you ways to access and remove content that has been provided to that Service. You are fully responsible for making sure you have the necessary rights to grant us this license for any content that you submit to our Service.
You agree that these Terms of Service apply to all content that you have previously submitted and, in the future, will submit.
We claim no intellectual property rights over the material you provide to the Service.
If you upload content to the Service that you are not the copyright holder of, then your account may be suspended or terminated and you agree to be liable for all resulting claims, damages, loss of profit, and reasonable (or ridiculous) attorney’s fees.
The look and feel of the Service is copyright © Cameliathuk. All rights reserved. You may not duplicate, copy, distribute, sell, extract, sublicense or reuse any portion of the HTML/CSS, JavaScript, software, images, concepts, visual design elements, or any copyright material without express written permission from Cameliathuk.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is available via phone or email.
You understand that Phothuk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must ensure that you do not transmit and your content is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
If your bandwidth or storage usage exceeds purchased Service plan, we reserve the right to stop your content distribution or disable your Account until the end of the Service term or until you upgrade the Service. We do provide convenient options to satisfy the needs of our customers with Service plans that cover all bandwidth and storage needs.
Phothuk does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Phothuk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Phothuk has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Phothuk to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Phothuk and govern your use of the Phothuk Service, superseding any prior agreements between you and Ortery (including, but not limited to, any prior versions of the Phothuk Terms of Service).
Questions about the Terms of Service should be sent to contact@Phothuk.com.

Confidentiality

During the course of this agreement, each party may be given access to confidential and proprietary information of the other party. Each party agrees to keep such information confidential.

DISCLAIMER OF WARRANTIES; LIMITATION DAMAGES

PHOTHUK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING ORTERY SERVICES. PHOTHUK AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. PHOTHUK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR CLICK FRAUD, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THIS AGREEMENT, THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DIRECTORIES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE EXTENT ALLOWED BY LAW, EVEN IF PHOTHUK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.