The following terms govern the use of Blue Twilight Cloud (“the system”) by a person who registers an account on the showmy.photos website (“the website”) and creates a Cloud Gallery (“a gallery.”)
By registering an account on the website and creating a gallery, you agree to be bound by these terms between you and the creators of the system and the website (“we”, “us”.)
The system was created by, and is operated by, UK software developer Andy Heathershaw. You can contact Andy through his website at andysh.uk.
1. Beta-quality service
The system is currently in a beta testing phase. This means we are still developing and learning the systems and platforms on which the system depends.
During the beta phase, we will make every reasonable endeavour to ensure the system is available to use, however there is no formal Service Level Agreement.
We will also make every reasonable endeavour to ensure your uploaded files are secure and safe, however during the beta phase, there may be bugs in the system, or human error (we are humans after all) that could cause accidental deletion of your photos. The system should not be used as the primary storage for your photos, you should always have your own copies and backups.
2. Conditions of use
Subject to the points in section 1, we will make every reasonable effort to ensure the service is available to you and your visitors at all times. However we are reliant on third party infrastructure and services that are outside our control, so we cannot guarantee 100% uptime of the service.
We grant you access to the system and the ability to use the service to host whatever photos and images you and your visitors choose (user-generated content), as long as:
- The content is legal
- You (or your visitors) have the rights to use and share the content
- You (or your visitors) implicitly grant us the rights to display and share the content in your gallery – unless you restrict permissions to the photos so they can only be viewed by a select group of people of your choosing
We reserve the right to remove without question any images or comments that feature illegal content or content which may be deemed offensive.
You agree to protect any personal data you hold within your gallery, such as users’ names, e-mail addresses and social media accounts – and to only use this data to contact users with updates about your gallery.
You cannot, for example, export users’ names and email addresses and use them to start marketing other services or websites to them.
Any data stored in your gallery must have been provided by the users themselves. You should not register an account on behalf of a user without their explicit consent.
The system will allow visitors to your gallery to register accounts and upload their own photos and images into your gallery – subject to the permissions you grant them.
You assume full responsibility of any content held within your galleries, irrespective of which user uploaded it.
3. Intellectual property and copyright
You retain all rights to the photos and images you upload into your galleries.
By uploading photos, you implicitly grant us the rights to display and share these images within your system.
We will not use any images in your galleries for marketing, demonstrations or any other purposes without your prior written consent.
We may refer people to your gallery’s address (URL) to show examples of customers using our cloud galleries. This is no different to a visitor coming across your gallery from a search engine or a link that has been shared with them.
We will not be held responsible for the publishing of images to a gallery that breach copyright laws in any country.
We will comply immediately with any “take-down” or “cease and desist” notices we are served. This may result in us removing images from your system.
Any legal costs or challenges made against us will be passed on to you as the owner of the gallery.
There is no charge for using the system during the beta testing period and we will not take credit card details.
We will provide at least 28 days (4 weeks) notice before we begin charging for use of the system. This notice will state the pricing structure and provide instructions for submitting your payment card details, should you wish to continue using the system after the beta period ends.
If we are unable to take a payment within 1 month of this notice being issued (you don’t provide card details, or your card details bounce) we will assume you do not want to continue it and will disable your system.
You can cancel your system at any time by using the contact form for Andy, stating that you wish to cancel your Blue Twilight Cloud gallery, and providing the URL to your gallery.
The gallery will continue to run until the expiry date, but we will not automatically renew it.
Once the expiry date has been reached, it will be disabled for a grace period of 7 days, after which we will delete your system, data and images from the platform and they cannot be recovered.
Should you wish to undo your cancellation request within the grace period, you can use the same method of contact.
6. Breaches of these terms
If we suspect you have breached these terms, we will attempt to make contact with you to resolve.
If we are unable to reach you, or to reach an amicable agreement within 7 days, we will suspend your system with immediate effect. This will begin a further 7 days grace period where your data can be recovered or your system re-enabled.
If we cannot reach an agreement within the grace period, we will permanently delete your system, data and images from the platform and they cannot be recovered.
Gross mis-use of your gallery or the platform – such as harvesting of users details for other purposes – will result in an immediate suspension.
If you suspect we have breached these terms, please reach out to us by using the contact form for Andy.
We will do everything we can to resolve the situation and – depending on the seriousness of the breach – we may agree to provide you with complimentary access to your system, or to reimburse you one or more payments you have previously made.
If we choose to reimburse you, we will not reimburse you more than the total amount you have paid to us in the 12 months preceding the date you first raised the concern.
7. Changes to these terms