Prop My Photo

Platform Application on Facebook

Application Terms and Conditions of Use

The following terms and conditions (the “Terms and Conditions”) govern your use of this Prop My Photo Application, and any content made available from or through this Platform Application, including any subdomains thereof (the “Prop My Photo Application”). The Application is made available by The Reader’s Digest Association, Inc.RDA (“RDA” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Application. BY USING THE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE APPLICATION. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Application.

1. Proprietary Rights. As between you and RDA, RDA owns, solely and exclusively, all rights, title and interest in and to the Application, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Application, and the compilation of the content, code, data and materials on the Application, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Application does not grant to you ownership of any content, code, data or materials you may access on or through the Application.
   
2. Limited License. You may access and view the content on the Application on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Application, make single copies or prints of the content on the Application for your personal, internal use only. Use of the Application and the services offered on or through the Application, are only for your personal, non-commercial use.
   
3. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Application, or any content, code, data or materials on the Application, is strictly prohibited unless you have received the express prior written permission from authorized personnel of RDA or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Application. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Application, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Application. If you make other use of the Application, or the content, code, data or materials thereon or available through the Application, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
   
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Application or on content available through the Application are registered and unregistered Trademarks of RDA and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by RDA that appear on the Application or on or through the Application’s services, if any, are the property of their respective owners. Nothing contained on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Application without the written permission of RDA or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Application or on or through any of the Application’s services is strictly prohibited.
   
5. User Privacy. In the course of your use of the Application and/or the services made available on or through the Application, you will be asked to provide your username and email address. This information will be used only within your user profile on the application itself and will not be shared with any 3rd party.  Users will not be contacted using this information. For users’ uploaded photos, these photos will not leave the application community unless the user opts to save the photo and use it elsewhere. Once a user edits and saves their photo, we cannot be held responsible for use of the photo outside of the application.  You acknowledge and agree that you are solely responsible for the accuracy and content of the information submitted.
   
6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Application, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
   
7. Prohibited User Conduct. You warrant and agree that, while using the Application and the various services and features offered on or through the Application, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Application’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from RDA or otherwise through the Application), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Application. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Application or the services offered on or through the Application, including without limitation any information residing on any server or database connected to the Application or the services offered on or through the Application; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Application or the services made available on or through the Application in any manner with the intent to interrupt, damage, disable, overburden, or impair the Application or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Application or the Application’s services or features in violation of RDA’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Application or the Application’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Application or the Application’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Application.
   
8. Public Forums. RDA may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Application. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Application or any service or feature made available on or through the Application, any materials which (i) restrict or inhibit any other user from using and enjoying the Application or the Application’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from RDA You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
   
9. Right to Monitor and Editorial Control. RDA reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Application or through the Application’s services or features by users, and RDA is not responsible for any such materials posted by users. However, RDA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in RDA’s sole discretion are objectionable or in violation of this Terms of Use, RDA’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.
   
10. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Application and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
    
11. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
    
12. Indemnification. You agree to defend, indemnify and hold RDA and RDA’s and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Application, your placement or transmission of any message, content, information, software or other materials through the Application, or your breach or violation of the law or of these Terms and Conditions. RDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with RDA’s defense of such claim.
    
13. Orders for Products and Services. We may make certain products available to visitors and registrants of the Application. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to RDA You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Application may be subject to additional terms and conditions presented to you at the time of such purchase or download.
    
14. Third Party Web Sites. You may be able to link from the Application to third party Web Sites Web Sites and third party Web Sites may link to the Application (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Web Sites or the information, content, products, services, advertising, code or other materials presented on or through such Web Sites. The ie inclusion of any link to such sites on our Site does not imply RDA’s endorsement, sponsorship, or recommendation of that site. RDA disclaims any liability for links (1) from another Web Site to this Application and (2) to another Web Site from this Application. RDA cannot guarantee the standards of any Web Site to which links are provided on this Application nor shall RDA be held responsible for the contents of such sites, or any subsequent links. RDA does not represent or warrant that the contents of any third party Web Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, RDA is not responsible for or any form of transmission received from any linked Web Site. Any reliance on the contents of a third party Web Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
    
15. Copyright Agent.
    
    We respect the intellectual property rights of others, and require that the people who use the Application, or the services or features made available on or through the Application, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to RDA’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
    
    • Your address, telephone number, and email address;
      
    • A description of the copyrighted work that you claim has been infringed;
      
    • A description of where the alleged infringing material is located;
      
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
      
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
      
    Copyright Agent:
    Beth Clerc
    RDA
    voice: 914-244-5620
    fax: 914-244-5644
    e-mail: beth_clerc@rd.com
16. DISCLAIMER OF WARRANTIES. THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE APPLICATION, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAY ABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE APPLICATION OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE APPLICATION WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE APPLICATION OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. RDA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE APPLICATION OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE APPLICATION. IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
    
    WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE APPLICATION AT ANY TIME AND WITHOUT ANY PRIOR WARNING. RDA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE APPLICATION, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED RDA EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE APPLICATION). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE APPLICATION. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
    
    
    WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, RDA AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE APPLICATION, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE APPLICATION OR IN CORRESPONDENCE WITH RDA OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE APPLICATION ARE PROVIDED BY RDA “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND RDA OR ITS LICENSOR OR SUPPLIER.
    
17. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RDA, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE APPLICATION OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE APPLICATION, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE APPLICATION. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE APPLICATION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO RDA FOR YOUR USE OF THE APPLICATION.
    
18. Photosensitive Seizures. A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Application and consult a doctor.
    
19. Applicable Laws. We control and operate the Application from our offices in the United States of America. We do not represent that materials on the Application are appropriate or available for use in other locations. Persons who choose to access the Application from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
    
20. Termination. RDA may terminate, change, suspend or discontinue any aspect of the Application or the Application’s services at any time. RDA may restrict, suspend or terminate your access to the Application and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. RDA maintains a policy that provides for the termination in appropriate circumstances of the Application use privileges of users who are repeat infringers of intellectual property rights.
    
21. Changes to Terms of Use. RDA reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Application and/or the services made available on or through the Application after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
    
22. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of Westchester, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Westchester County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.