Terms of Use

Hey there!

You’ve found our Terms of Use page– probably the most lawyer-y sounding page on Photofeeler, but alas, necessary. Let’s dive in, Legally Blonde style.

By being here and doing anything on Photofeeler (with or without an account), you're telling us that you agree to these Terms and Conditions. If, for some reason, you don't agree with these terms, well, unfortunately, you’re not allowed to use Photofeeler (the app or website). 🥺

Photofeeler may update these terms as needed. So, whenever we change things up, as long as you keep photo-testing and rating, you accept those changes.

  1. Use of the site

    First off, you must be over 13 years old to make an account or use Photofeeler.

    And, since we don’t know where you live, it’s your duty to warrant the right, authority, and capacity to agree to all the terms we’ve discussed here. You are responsible for following the rules and ensuring your use of Photofeeler doesn't break any laws or regulations in your country of residence.

  2. Rules regarding content

    Photofeeler has its share of yays and nays.

    You are allowed to post certain photographs/images, text, personal information, contact information, and other content on Photofeeler.

    You are not allowed to post *drumroll*:

    • Offensive language or anything that could upset or harass others. We're all about spreading good vibes here! 😊
    • Obscene or overly explicit stuff that might offend human dignity.
    • Hate, racist remarks, or any form of discriminatory comments. Plus, why would you? Do you need to talk?
    • Any images of anyone under 13 years old, please.
    • Content encouraging acts of illegal activity, terrorism, inciting racial hatred, or anything that breaks the law. If you think it’s breaking the law, it probably is, don’t do it.
    • Defamatory or hurtful content.
    • Commercial stuff, spammy junk mail, or anything that might mess with our functionality (including sales, competitions, advertising, links to other websites, or premium line telephone numbers).
    • Nasty viruses or malicious code. Let's keep things safe and smooth!

    Also, we've got some guidelines for photo tests to keep things fair and fun:

    • Make sure there are visible people in your photos. It's all about showcasing yourself, right? 🤳
    • Identify the subject accurately so that users can vote on whom they choose.
    • Keep it PG, folks. Racy or explicit photos won't fly here.
    • No personal messages, URLs, or contact info in the pics or captions.
    • One photo at a time, please. No collages allowed. It doesn’t help you improve your pics, which is the main goal here.
    • And lastly, use photo testing for your online profiles and genuine feedback purposes only. Don’t test pics of strangers, memes, or Drake (unless, of course, you happen to be Drake).

    Keep in mind, the final say on whether content or photos meet these guidelines is up to us (“Photofeeler”).

    You are solely responsible for, and bear all liability in relation to, any content that you bring to Photofeeler.

    When you upload content to Photofeeler, it can be accessed and viewed by the public. If you do not want such content to be viewed by others, then you should not upload it to Photofeeler. The content or information you publicly display is at your discretion.

    Also, we have full rights to delete any content we deem to be outside of our standards and guidelines. But don’t stress; we’re not haters, and we remove less than 1% of said content.

  3. Unlawful use of Photofeeler material

    You may not, under any circumstances, use content or assets (including text, images, or screenshots) from Photofeeler that did not originate from you. You may not use them for commercial or non-commercial purposes. Any manner of use at all is disrespectful of other Photofeeler users and is deemed unlawful use.

  4. Multiple accounts and users

    One account per person, folks! Don't make multiple accounts for yourself or accounts for anyone else. If we close your account, you cannot make a new one without our permission. Failure to comply with these guidelines may result in account termination and a permanent ban from photo testing with facial recognition enforcement. *dun dun dun*

    If you share your login info or let others access your account, it's not safe for you or us. Keep it secret; keep it safe!

  5. Dishonest information

    You will not provide any false personal information to Photofeeler, including but not limited to your email address, gender, and age. Tampering with the system by catfishing or cosplaying as someone else will result in account termination. It’s just not cool.

  6. The site does not provide business advice

    Listen– if you become an overnight millionaire because of a Photofeeler test, then yes, it was us. (Remember us in your will!) But by all other means, we don’t, nor have ever, provided business advice.

    Any choices you make as a result of Photofeeler are of your own accord, such as purchases made via links or becoming the CEO of a massive company. (Congrats btw!)

  7. Expiration of Credits

    Credits may expire on or beyond one year from the purchase date. A credit's lifetime cannot exceed the lifetime of the service. This is to protect our liability, but we’ve actually never expired a credit and don’t plan to; just a heads up! 🙂

  8. Abuse/Complaints

    You can report any abuse on Photofeeler by contacting us with a detailed description of the occurrence and your complaints.

  9. Ownership of content

    You retain ownership of any content you upload or submit to Photofeeler so long as you are the rightful owner in the first place.

    When you post or submit content here, you assure us that you have the right to do so. By submitting your content, you're giving us a non-exclusive, royalty-free, perpetual, worldwide license to use it for research purposes, including, without limitation, making your content and any data associated with it available to Photofeeler staff or contractors, whether in whole or in part and in any format or medium currently known or developed in the future, and publicly sharing numbers or statistics of which you or your content is part.

    We may assign and/or sub-license the above license to affiliates and successors without any further approval. Aka, if any business ever acquired Photofeeler, the above license would be transferred to them. (No worries– we don’t forecast this happening anytime soon.)

    We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

    All remaining content (not uploaded or submitted by users), including text, graphics, user interfaces, trademarks, logos, sounds, and artwork on Photofeeler, are owned, controlled, and licensed by us; protected by copyright, trademark, and other intellectual property law rights.

    You do not have any rights in relation to the content on Photofeeler, and you agree to not use content in any manner which may infringe any third party's rights. You will not copy, modify, adapt, distribute, publish, or sell all or any part of Photofeeler or contained content (other than the content submitted by you) to anyone else.

  10. Access to the app and site

    Unfortunately, we can't guarantee that Photofeeler will be accessible at all times due to site/app maintenance or circumstances that are outside our control. Photofeeler is provided on an "as is" basis. No warranty is given about the quality, accuracy, functionality, availability, or performance of Photofeeler, and we reserve the right to suspend, withdraw, amend, modify, or vary the service provided on Photofeeler without notice and without incurring any liability to you.

    You are responsible for making all the necessary arrangements to ensure you can access Photofeeler. We shall not be held responsible for any reduced functionality you may encounter from accessing Photofeeler through mobile services or any similar service currently known or developed in the future.

    By accessing Photofeeler or agreeing to receive messages or notifications from Photofeeler through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not, under any circumstances, be liable for such charges.

  11. Termination of use by Photofeeler

    We reserve the right, without liability or prior notice, to suspend or revoke your registration (where applicable), your right to access and/or use Photofeeler, or submit any content to Photofeeler; and make use of any operational, technological, legal, or other means available to enforce the terms.

    We are not obliged to notify you if your access to Photofeeler and/or your account area is to be or has been suspended or terminated.

  12. Termination of use by you

    If you ask to delete your account, we'll keep your profile info for up to 30 days in case you wish to reactivate your account. After termination, we hold the right to delete your submitted content.

  13. Privacy Policy

    We process information in accordance with our Privacy Policy which is incorporated into these terms and conditions. Please read the terms of our Privacy Policy prior to using Photofeeler.

  14. Links

    Photofeeler may contain links to other sites, resources, and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links, you may be directed to third-party sites that have their own terms of use and privacy policies.

    We have no control over the contents of any third-party sites or resources, and we accept no responsibility for them, including (but not limited to) the third-party sites’ compliance with any applicable laws or regulations.

  15. Disclaimer of warranties and limitation of liability

    If, for any reason, your use of Photofeeler elicits legal threats or consequences to you, we disclaim any and all responsibility and liability for your conduct, content, or the conduct and content of any other Photofeeler user.

  16. Indemnity

    If we are sued due to your use of Photofeeler, then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will cooperate fully in the defense of any relevant claim.

    You agree to indemnify us, along with our officers, directors, employees, agents, representatives, and licensors, against third-party claims, damages, actions, losses, and expenses resulting from your use of Photofeeler, including content submission. We maintain the right to settle such claims without your consent.

  17. Jurisdiction

    You agree that exclusive jurisdiction for any dispute with Photofeeler resides in the courts of the State of Colorado. You further agree and consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute, including any claim involving Photofeeler or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

    These terms are governed by the internal substantive laws of the State of Colorado without respect to its conflict of laws principles.

  18. Miscellaneous

    Photofeeler has taken reasonable measures to ensure information accuracy, availability, and completeness on an "as is," "as available" basis. Photofeeler does not provide any express or implied warranties about this information. Your use of Photofeeler and its materials is at your sole discretion. Just as well, Photofeeler is not liable for losses due to data transmission, user-posted content, third-party sites, or viruses. Photofeeler doesn't guarantee uninterrupted or error-free service and is not responsible for any damage to your computer hardware, computer software, mobile devices, or other equipment or technology.

    If our current terms become illegal or unenforceable, we will remove them. However, the remaining terms are still legally binding and accurate to our policies.

    Just because there’s a delay in exercising said rights doesn’t mean they have been waived. We’re busy over here perfecting Photofeeler– sometimes, these things take time.

    Nothing in the terms shall confer on any other third party any benefit or the right to enforce any of the terms, and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the terms.

Phew! That was a lot of legal jargon and technical lingo, hey?

Anyways, we’re happy you’re here. Thank you for your continued use and interest in Photofeeler. We really do have all these terms in place to keep users safe and happy. Enjoy photo-testing!

Effective date

The terms were last updated on September 6th, 2023.