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Welcome to potatoroad. potatoroad is operated by Kamiyaa Technologies Inc. ("we", "us"), based in Ontario, Canada. These Terms of Service ("Terms") are an agreement between you and Kamiyaa Technologies Inc., and govern your use of potatoroad, including our website, web app, mobile apps, and any related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.
1. The Service
potatoroad is a photo-sharing service that lets you share moments with the people you follow. Feeds show recent moments from people you follow, laid out as a road through the past week. You can post photos, share stories, follow other people, like and comment on moments, and customize your profile. We may add, change, or remove features over time.
2. Who can use potatoroad
We want the Service to be open and safe. To use it, you must:
- Be at least 13 years old, or older if your country requires a higher minimum age to use a service like ours without parental consent.
- Not be prohibited from using the Service under applicable law.
- Not have had your account previously disabled by us for violating these Terms or our policies, unless we've given you permission to come back.
- Not be a convicted sex offender.
3. Your account
- You must give us accurate information when you sign up, including a valid email address, and keep it up to date.
- You're responsible for keeping your password secure and for everything that happens under your account. We strongly recommend turning on two-factor authentication.
- Don't create an account for someone else, impersonate anyone, or buy, sell, or transfer accounts or usernames.
- Tell us right away at support@potatoroad.com if you believe your account has been accessed without your permission.
4. What you can't do
Keeping potatoroad a calm, friendly place depends on everyone. You agree not to, and not to help or encourage others to:
- Post content that is illegal, hateful, harassing, threatening, sexually explicit, exploits or endangers minors, promotes self-harm or violence, or is otherwise objectionable.
- Bully, stalk, intimidate, or harass anyone.
- Post private or confidential information about other people, including photos of them in private settings, without their permission.
- Infringe or violate anyone's intellectual property, privacy, publicity, or other rights.
- Post spam, scams, or misleading content, or manipulate likes, follows, or comments.
- Access or collect data from the Service using automated means (such as bots, scrapers, or crawlers) without our prior written permission.
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, other accounts, or our systems, or get around any security or access controls.
- Reverse engineer, decompile, or create derivative works of the Service, except where the law expressly allows it.
- Use the Service for any unlawful, unauthorized, or fraudulent purpose.
5. Your content
You own your content
We don't claim ownership of the photos, captions, comments, and other content you post on potatoroad ("your content"). You remain free to share it with anyone else, wherever you want.
The license you give us
To run the Service, we need some legal permission from you. When you post content, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, store, use, display, reproduce, modify (for example, resizing or reformatting photos), and distribute your content solely to operate, provide, and improve the Service. This license respects your privacy settings: if your account is private, we only show your posts to the followers you've approved.
The license ends when you delete your content or your account. Content may continue to appear where you've shared it with others and they haven't deleted it, and copies may remain in backups for a limited time, as described in our Privacy Policy.
You're responsible for what you post
You confirm that you have all the rights needed to post your content and grant the license above, and that your content doesn't violate these Terms or the law.
6. Content removal and account suspension
We can remove any content or information you share on the Service if we believe it violates these Terms or our policies, or if we're required or permitted to by law. We may also suspend or permanently disable your account if you clearly, seriously, or repeatedly violate these Terms, if doing so is needed to protect the Service or other people, or if we're required to by law. Where reasonable, we'll let you know and explain why.
If you think we've removed your content or disabled your account by mistake, contact us at support@potatoroad.com.
7. Reporting copyright infringement
We respect the intellectual property of others. If you believe content on potatoroad infringes your copyright, email us at support@potatoroad.com with a description of the work, where the infringing content appears on the Service, your contact information, and a statement that you're the owner or authorized to act on the owner's behalf. We may remove infringing content and disable the accounts of repeat infringers.
8. Our intellectual property
The Service, including the potatoroad name, logo, Spud the potato, designs, and software, belongs to us and our licensors. These Terms don't give you any right to use our trademarks or branding without our prior written permission. If you send us feedback or suggestions, we may use them without any obligation to you.
9. Third-party services
The Service may rely on or link to services run by others, such as app stores. Your use of those services is governed by their own terms, and we aren't responsible for them.
10. Deleting your account
You can stop using potatoroad at any time. To delete your account and its data, follow the steps on our account deletion page. Once your account is deleted, these Terms end as an agreement between you and us, but sections 5 (the parts about responsibility for your content), 8, 11, 12, 13, and 14 continue to apply.
11. Disclaimers
We work hard to keep potatoroad running smoothly and safely, but the Service is provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee that the Service will always be secure, error-free, or available, or that your content won't be lost. We don't control what people post and aren't responsible for their content or conduct, online or offline.
12. Limitation of liability
To the fullest extent permitted by law, Kamiyaa Technologies Inc. and its directors, officers, employees, and agents won't be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to these Terms or the Service, even if we've been told they're possible. Our total liability for any claim related to the Service is limited to the greater of one hundred US dollars (US$100) or the amount you paid us in the twelve months before the claim. Some places don't allow these limits, so they may not apply to you.
13. Indemnification
If someone brings a claim against us related to your actions, your content, or your violation of these Terms, you agree to indemnify and hold us harmless from and against all resulting damages, losses, and expenses (including reasonable legal fees), to the extent permitted by law.
14. Disputes
If you have a concern, please contact us first. Most issues can be sorted out informally. These Terms, and any dispute arising out of them or the Service, are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. You and we agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada to resolve any such dispute. Nothing in these Terms takes away rights you have as a consumer that can't be waived under the laws of the place where you live.
15. Changes to these Terms
We may update these Terms as the Service changes or as the law requires. If we make material changes, we'll let you know (for example, by email or a notice in the app) before they take effect. If you keep using the Service after the changes take effect, you agree to the updated Terms. If you don't agree, you can delete your account.
16. Other terms
- These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service.
- If any part of these Terms is found unenforceable, the rest stays in effect. If we don't enforce part of these Terms right away, we haven't waived our right to later.
- You can't transfer your rights or obligations under these Terms without our consent. We may assign ours, for example as part of a merger, acquisition, or sale of assets.
17. Contact us
Questions about these Terms? Reach us at support@potatoroad.com.