Welcome to the Phone & Photo ( or "Website"), a website that allows its users to find the best camera phone by comparing photos which were taken from different smartphones and under the same settings.
Phone & Photo provides its services to you subject to the provisions of these Terms of Service ("TOS"). By using this Website or viewing the content herein you accept and agree to be bound by these TOS and each of its provisions.
At this time we are unable to comply with the European Union’s('EU') General Data Protection Regulation ('GDPR'). By creating an account, you certify that you are not an EU Citizen or Resident and as such you agree that your information is not subject to the EU GRPR. If you are an Citizen or Resident of the EU, please DO NOT SIGN UP. If we discover that we have collected the personal data from an EU Citizen or Resident, we may take steps to delete the information and the user account as soon as possible without warning.
In order to have the full Phone & Photo experience and to access some features on the Website, you will have to create a User account via Google+ or Facebook. If you have created a User account with Phone & Photo, You agree to accept responsibility for all activities that occur in connection with your account, whether or not the use is unauthorized. In addition, you agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account, revoke your username, and remove any content submitted or sent by you at any time for any or no reason. You understand that Phone & Photo will not be liable to you for invoking this right.
Use of Website Information and Material
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from this website subject to the following: (1) the Documents may be used solely for personal, informational, non-commercial purposes; and (2) the Documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or material from this website in whole or in part without the prior written consent of Phone & Photo. Requests for permission to reproduce or distribute content and materials found on the Website should be sent to Hello@phonenphoto.com.
Phone & Photo user account holders may submit content and information, including but not limited to text, data,photos and videos (collectively "User-Generated Content"). You understand that whether or not such User-Generated Content is published, Phone & Photo does not guarantee any confidentiality with respect to any User-Generated Content.
You are solely responsible for and assume all risks associated with your User-Generated Content. This includes any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in your User-Generated Content that makes you personally identifiable. You represent that you own, or have the necessary licenses or permissions to use, and authorize Phone & Photo to use your User-Generated Content as described herein.
Phone & Photo does not endorse any User-Generated Content or any opinion, recommendation, or advice expressed therein, and Phone & Photo expressly disclaims any and all liability in connection with User-Generated Content. You may not imply that your User-Generated Content is in any way sponsored or endorsed by Phone & Photo.
We reserve the right, but are not obligated to monitor User-Generated Content on Phone & Photo and restrict or remove such content that we believe, in our sole discretion to be inappropriate. If you feel that any User-Generated Content on Phone & Photo is offensive, violates your rights or this TOS, please email us at Hello@phonenphoto.com .
License to Phone&Photo and Phone&Photo Users
You agree that, by posting any User-Generated Content to Phone & Photo, you are granting to Phone & Photo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display that User-Generated Content in connection with the this Website and Phone & Photo’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of this Website (and derivative works thereof) in any media formats and through any media channels. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User-Generated Content. If we publish your User-Generated Content or authorize or license others to do so, your User-Generated Content may be edited for length or clarity or for any other reason either before or after it is published.
You also hereby grant each User of Phone & Photo a non-exclusive license to access your User-Generated Content through the Website, and to use and display such User-Generated Content as permitted through the functionality of the Website and under these TOS.
Phone&Photo’s Use of User-Generated Content
Phone & Photo may or may not use your User-Generated Content in its sole discretion. For example, we may choose not to publish your User-Generated Content if we believe it violates the TOS. In addition, please note that we have no obligation to retain or provide you with copies of your User-Generated Content, nor do we guarantee any confidentiality with respect to your User-Generated Content.
Phone & Photo and its licensees may display advertisements and other information adjacent to or included with your User-Generated Content on the Website and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Third Party/ Linked Services/ Sent Information
Phone & Photo may include links to third-party products, services and Web sites, as well as materials provided by third parties. Third-Party Providers are solely responsible for their services. Phone & Photo does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Phone & Photo is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
In the event of any termination, this TOS shall remain in effect.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PHONE & PHOTO ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH PHONE & PHOTO ARE ACCURATE, RELIABLE OR CORRECT; THAT PHONE & PHOTO WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT PHONE & PHOTO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE PHONE & PHOTO. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT PHONE & PHOTO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold Phone & Photo, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Phone & Photo website, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. Phone & Photo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Phone & Photo reserves the right to make changes to these TOS or our other legal notices at any time without notice to you. It is solely your responsibility to check for updates of this policy. Your continued use of Phone & Photo indicates your agreement to these changes. We encourage you to refer to this policy on an ongoing basis so that you understand our current TOS.
If you have any questions regarding these TOS, please contact us at: Hello@phonenphoto.com.