klaio.com Terms of Service

Acceptance of Terms

By using klaio.com ("Site") you are agreeing to be bound by these terms of service and our Privacy Policy. klaio.com is owned and operated by Madmedia. By using the Site you agree to the use of 'cookies' stored in your Web Browser ("Browser"), as detailed in our Privacy Policy.

Description of Service

klaio.com is an online community to share exceptional photography ("photography") and fascinating stories ("Content").

Account Terms

  1. You must be 16 years of age or older, or 13 years of age or older with the consent of a parent or legal guardian, to use the Site.
    • Parents or legal guardians are responsible for the Site usage of their authorised minors.
  2. You must be a human. Automated scripts or robots are not permitted.
  3. You must provide a valid email address in order to create an account.
  4. You are responsible for maintaining the security of your account and password.
  5. You are responsible for all Content submitted from your account.
  6. You cannot use the Site for any illegal or unauthorised purpose (as outlined under "Your Rights"), including copyright or trademark infringment.

Scope of Service

klaio.com supports the following browser versions:

  • Firefox 9.0+
  • Chrome 10.0+
  • Safari 5.0+
  • Opera 12.0+

Any display or functionality issues should be reported to hello@klaio.com.

Availability

Though we make every effort to ensure the reliability and availability of this Site, we cannot guarantee the Site's availability. By agreeing to these terms you acknowledge that third party vendors are used to supply the platform on which the Site is hosted.

Support

We will attempt to respond to all support queries within 2 working days. If you have any support issues, bug reports, or feedback it should be emailed to hello@klaio.com.

Account Types and Restrictions

All Accounts

  1. 30MB is currently the maximum size for uploaded photographs. The maximum size an image can be viewed on the site is 2000 pixels in the largest axis. For performance and plagiarism reasons we recommend you upload something around those pixel dimensions instead of the full-size original files. Original files are not accessible by others, and are only used for generating smaller versions.
  2. You can "Recommend" up to 10 photographs per day.
    • "Recommendations" affect the photos which appear in the "Recommended" section and help others discover your favourite images.

Free Accounts

The following account restrictions apply to members with free accounts:

  1. You may upload a maximum of 100 photographs per month. This limit resets at the start of every month.
  2. The upload limit can be increased through referring friends. You gain an extra 10 uploads per month for each friend you refer, up to a maximum of 10 friends.

Paid Accounts (coming soon)

Members who choose to pay a subscription fee ("Paid Account") receive the following benefits:

  1. Unlimited uploads per month, though we retain the right to limit any user we consider to be abusing the Site, as outlined under "Fair Usage".
  2. Additional features across the site, including:
    1. The ability to share private collections.
    2. The option to increase the number of photographs displayed per page.
    3. The ability to filter categories, preventing them from displaying for the Member whilst signed in.

The benefits available to Paid Accounts are liable to be modified over time. All members will be notified of modifications prior to implementation.

Payments and Renewals

General Terms

Payment for Site services are made via Stripe Payments Europe, Ltd. By selecting a Paid Account you agree to pay the monthly or annual subscription fees for the chosen service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Account and will cover the use of that subscription for a monthly or annual duration.

Automatic Renewal

Your Paid Account will automatically renew at the end of the monthly or annual period unless you notify us in advance that you wish to cancel it. We will notify you two weeks in advance that your subscription is about to renew. Unless you notify us before the end of the applicable subscription period that you want to cancel a Paid Account, your Paid Account will automatically renew and you authorize us to collect the applicable annual or monthly subscription fee (as well as any taxes). Subscriptions can be cancelled at any time in the Account section of the Site. Your account will remain a Paid Account until the end of the paid subscription period.

Fair Usage

By using the Site, you (the Member) agree to the following Fair Usage policy:

  1. You will not use the Site as a backup facility for your photographs. The Site is not a dedicated backup service, and although we make every effort to store your photographs in such a way that they are always available, it is not the primary goal of the Site.
  2. You will not attempt to spam, harass, or cause detrimental effects to other users.
  3. You will not significantly exceed the average bandwidth usage of other users. Members will be notified if their usage exceeds account restrictions, and limitations will be placed until account usage has been rectified.

Security

We make every effort possible to keep the Site secure and member data safe. The following is an outline of the steps we take:

  1. All Member interaction with the Site takes place over SSL, including the display of Content and external services (see Privacy Policy).
  2. All Member passwords are stored with strong encryption using bcrypt.
  3. All Member information relating to payments is handled via SSL and stored securely by Stripe Payments Europe, Ltd.
  4. No personal payment data touches the Site's servers.

Though we work hard to ensure your data is safe, we cannot be held responsible for any breach of your account through your failure to safeguard your account details.

If you have a security query, or want to notify us of a security issue relating to the Site, please send all correspondence to security@klaio.com.

Your Rights

  1. You have the right to cancel your account at any time, resulting in the removal of all your Content from the site.
  2. Your private collections and photographs will not be intentionally shown to other users or third parties.
  3. Your personal data will not be shared with anyone not outlined in our Privacy Policy.
  4. Your data will be backed up regularly.
  5. You will be notified of any Site changes which will affect your privacy. These changes will most often be opt-in for all existing users.

You may not use this Site:

  1. To infringe others' copyright or trademarks.
  2. To abuse or harrass other users.
  3. To post any Content which contains pornographic, discriminatory, or otherwise illegal imagery or text.
  4. To gain unauthorized access to other users' accounts or personal information.
  5. To gain account benefits or affect the photograph rankings through the use of multiple accounts.

Responsibility of Visitors and Members

The Company has not reviewed, and cannot review, all of the Content posted to the Site, and therefore cannot be responsible for said Content. By operating the Site, the Company does not represent or imply that it endorses the uploaded Content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself from viruses, worms, Trojan horses, and other harmful or destructive malware. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, and other errors.

Some objectionable material may appear due to factors beyond our control, but should you (the Member) wish to report any violation of our terms then email the details of the violation to hello@klaio.com.

Copyright and Content Ownership

  1. The Company claims no intellectual property rights over the Content you submit to the Site. All submitted material maintains the license under which you submit it, if any (see Creative Commons). By choosing to display your Content publicly, you agree to allow others to view your Content.
  2. The Company respects intellectual property rights. Any claim of copyright infringement will be investigated swiftly, and we reserve the right to remove any Content found to be an infringement of copyright laws. We also reserve the right to investigate and terminate an account found to be infringing copyright.
  3. Any alleged copyright infringement must be reported to hello@klaio.com with sufficient detail and evidence to allow the Company to respond quickly and accurately.
  4. We (the Company) are not responsible for any legal fees or damages related to a copyright claim, nor may we be held responsible for any infringing content submitted to the Site.
  5. Content on the Site is stored within the European Union ("EU"), and is therefore subject to EU law and regulations.

Limitation of Liability

In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Company under this agreement during the twelve (12) month period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Company's Privacy Policy, with this Agreement, and with all applicable laws and regulations (including any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website.

License

These terms are adapted in part from that of WordPress.com, licensed under the Creative Commons ShareAlike license. You may reuse or adapt these terms under the same license.