Acceptance of Terms
This Terms of Use Agreement (“TOS”) is a legally binding agreement between you, the user, customer, or prospective customer, and Inmate Text Service, LLC, also known as InmatePhotos.com. Inmate Text Service, LLC is located at P.O. Box 230763, Las Vegas, NV 89105, along with its subsidiaries and affiliates. This agreement governs your relationship with us concerning your use of Inmate Text Service, LLC’s websites, specifically InmatePhotos.com (the “Site”), and its related Services, as defined below.
By accessing or using our Sites and our Services, you are indicating your agreement to be bound by these terms and all terms incorporated by reference. It is your responsibility to carefully read and understand these Terms and Conditions before using our Site. If you do not fully agree with all terms and conditions, you are prohibited from accessing or using our Sites or Services. This Terms of Service Agreement is effective as of November 20, 2019.
Description of Website Services Offered
The Site, InmatePhotos.com, operates as an e-commerce and electronic service website. InmatePhotos.com provides a service for civilians to send photos to inmates in correctional facilities.
All visitors to our site are considered “users” of the Services provided within this TOS.
You acknowledge and agree that the Services available through our website and applications, including mobile applications accessible on social media and other platforms, and downloadable programs, are the exclusive property of InmatePhotos.com. InmatePhotos.com retains the right to add, modify, or remove website Services and products, and this Agreement will apply to all additional, updated, or revised Services unless explicitly stated otherwise. InmatePhotos.com reserves the right to discontinue any Services or products at any time. You agree that InmatePhotos.com is not liable for any modifications, revisions, suspensions, or discontinuance of our Services or products. Your continued use of our Services after any updates or modifications are posted constitutes your acceptance of those changes. Therefore, you should regularly review this Agreement to stay informed of the current terms and policies. If you disagree with any updated terms, you must immediately stop using our Services.
Furthermore, you understand and agree that the Services are provided “AS IS.” InmatePhotos.com assumes no responsibility for the timeliness, delivery issues, deletion, or failure to store user content, communications, or personalization settings.
Remarketing of Uploaded Images to Inmates
Images uploaded to InmatePhotos.com or our apps may be marketed and sold to inmates under certain circumstances. This includes situations where the uploading user does not complete the photo purchase or when the inmate desires duplicate copies. If you disagree with this practice or our methods for determining photo recipients, please do not upload photos or use our service. We strive to ensure unpurchased uploaded photos reach the intended inmate, but we are not liable for damages if photos are sold to unintended inmates.
Methods used to identify the intended inmate for photos may include, but are not limited to:
- Asking the uploading user to specify the intended inmate upon photo upload. If an inmate is selected, we will assume these photos are intended for that inmate and may market and sell them if the user does not purchase them or if duplicates are requested.
- If the user enters the inmate’s registration number or selects the inmate from their address book, we will assume the photos are for that inmate and may market and sell them if the user does not purchase them or if duplicates are requested.
- We may use other methods at our discretion to identify the intended inmate. By using our service, you agree that our judgment in determining the intended inmate is sufficient, and we are not responsible for damages related to photos sold to unintended inmates.
Payment Disputes
If you dispute a payment made to Inmate Text Service Llc, we reserve the right to charge a $100 USD dispute fee to your account balance. We also reserve the right to report any resulting debts from payment disputes to credit reporting agencies or to file a small claims civil lawsuit against you in Clark County, Nevada. Should we pursue legal action, you agree to be responsible for all associated costs and legal fees.
Photos That Violate Prison Policies and/or Laws
Inmate Text Service LLC does not pre-screen uploaded images for compliance with correctional facility policies or state and federal laws. If your images are rejected by a facility, they may or may not be returned by prison officials. No refunds will be issued in cases of rejection. Furthermore, sending illegal photos may result in contact from law enforcement, and no refunds will be provided in such situations. It is your responsibility to ensure uploaded photos comply with all relevant regulations.
When User Selects the Wrong Address for the Inmate
We offer an inmate address lookup service for a small fee and strongly recommend using this option if you are uncertain about an inmate’s current address. If you provide an incorrect address, there is a possibility that the correctional facility may forward the photos to the correct location. However, as this is outside our control, we cannot guarantee it. Incorrect addresses often lead to photos being returned to the sender address provided during checkout. Regardless of the outcome, no refunds are offered for user-selected incorrect addresses. Please verify inmate addresses carefully before submitting your order.
Refunds and Cancellations
InmatePhotos.com, operated by Inmate Text Service LLC, maintains a strict no refund and no cancellation policy. All sales are final. Once an order is placed, it cannot be cancelled or refunded. Please ensure your order is correct before finalizing your purchase.
Subscriptions and Recurring Payments
Inmate Text Service LLC does not manage or cancel subscriptions for users. Managing and cancelling any subscriptions associated with payment for our services is your sole responsibility. To cancel subscriptions or recurring payments, you must follow the instructions provided by your payment provider, such as PayPal. For PayPal subscriptions, you can find instructions at: How to Cancel Automatic Payments. It is crucial to manage your subscriptions directly through your payment service provider.
Privacy Policy
Inmate Text Service LLC respects your privacy. All member registration data and personal information are protected under the InmatePhotos.com Online Privacy Policy, which is available in full at: InmatePhotos.com Privacy Policy. By using our Services, you consent to the collection, use, and transfer of your information, including transfers within the United States and/or other countries, for storage, processing, and use by InmatePhotos.com and its subsidiaries and affiliates. We encourage you to review the Privacy Policy to understand how your data is handled.
Interstate Communication
By registering and using InmatePhotos.com to send electronic communications, including but not limited to emails, searches, instant messages, and uploading files, photos, and videos, you acknowledge that these communications will be sent through our computer network. Therefore, by using our Service and agreeing to this TOS, you understand and agree that your use of the Service will result in interstate transmissions of electronic communications.
Cautions for Global Use and Export and Import Compliance
Given the global nature of the internet, by using our network, you agree to comply with all local rules regarding online conduct and acceptable content. Uploading, posting, or transferring software, technology, and technical data may be subject to export and import laws of the United States and other countries. You agree to adhere to all applicable export and import laws, statutes, and regulations, including the Export Administration Regulations (Export Administration Regulations) and the sanctions control programs of the United States (Sanctions Control Program).
Furthermore, you affirm and guarantee that:
a) You are not on any government export exclusion lists (Government Export Exclusion List) nor a member of any government of an export-prohibited country under applicable export and import laws.
b) You will not transfer software, technology, or technical data through our network Services to any export-prohibited country.
c) You will not use our website network Services for military, nuclear, missile, chemical, or biological weaponry purposes that would violate U.S. export laws.
d) You will not post, transfer, or upload any software, technology, or technical data that would violate U.S. or other applicable export and/or import laws.
Content Placed or Made Available for Company Services
InmatePhotos.com, a service of Inmate Text Service LLC, does not claim ownership of user-submitted content intended for use with our Services. However, by submitting content, you grant InmatePhotos.com the following licenses:
a) For content submitted for public areas of InmatePhotos.com’s sites, you grant a worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and display this Content on our network Services. This license is solely for providing and promoting the specific area where the content was placed and remains valid as long as you are a member of InmatePhotos.com. It terminates when you discontinue your membership.
b) For photos, audio, video, and graphics submitted for public areas of InmatePhotos.com’s sites, you grant a worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and display this Content on our network Services. This license is for providing and promoting the area where the content was placed and is valid while you are a member, terminating upon membership discontinuation.
c) For any other content submitted to public areas of InmatePhotos.com’s sites, you grant a continuous, binding, and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and display said content, in whole or in part. This includes incorporating the content into other works in any medium, whether currently existing or developed in the future.
“Publicly accessible” areas of InmatePhotos.com’s sites are defined as network properties intended for public access, such as message boards and groups open to all users. Areas not open to the public, and accessible only to members, include our mail system and instant messaging features.
Contributions to Company Website
InmatePhotos.com welcomes user feedback. When you submit ideas, documents, suggestions, or proposals (“Contributions”) to our site, you agree to the following:
a) Your Contributions do not contain confidential or proprietary information.
b) InmatePhotos is not obligated to ensure or maintain confidentiality, either expressed or implied, regarding any Contributions.
c) InmatePhotos is entitled to use and/or disclose any Contributions in any manner it deems appropriate.
d) Contributor Contributions automatically become the sole property of InmatePhotos.
e) InmatePhotos is not obligated to provide compensation or reimbursement of any kind for Contributions.
Indemnity
All users agree to indemnify and hold InmatePhotos.com, its subsidiaries, affiliates, agents, employees, officers, partners, and licensors harmless and not liable for any claim or demand, including reasonable attorney fees, made by any third party. This includes claims arising from user-submitted content, use of InmatePhotos Services, connection to Services, violations of the Terms of Use, or infringement of another person’s rights.
Commercial Reuse of Services
Users agree not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial purposes any part of InmatePhotos.com’s sites, use of, or access to them. Our Services are intended for personal use to send photos to inmates and not for commercial exploitation.
Modifications
InmatePhotos.com reserves the right to modify, alter, or discontinue, temporarily or permanently, our service or any part thereof, at any time, with or without prior notice. We will not be liable to you or any third party for any alteration, modification, suspension, or discontinuance of our Services, or any portion thereof. It is your responsibility to stay informed of any updates to our Services.
Advertisers
Any interactions or business dealings with advertisers found on or through our Services, including participation in promotions, payment, delivery of goods or services, and any associated terms, conditions, warranties, or representations, are solely between you and the advertiser. InmatePhotos.com is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or the presence of advertisers on our website.
Links
InmatePhotos.com or third parties may provide links to other websites or resources. We are not responsible for the availability of these external sites or resources and do not endorse or assume liability for any content, products, advertising, or other materials available from these third-party sites or resources. Furthermore, InmatePhotos.com is not responsible or liable for any damage or loss resulting from the use of or reliance on any content, goods, or Services available on or through such sites or resources.
Proprietary Rights
You acknowledge and agree that InmatePhotos.com’s Services and any software used in connection with the Services (“Software”) contain proprietary and confidential material protected by intellectual property rights and other laws. Content within advertisements or information presented through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Unless expressly permitted by law or authorized by InmatePhotos.com or the applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on InmatePhotos.com Services (including Content or Software), in whole or in part.
InmatePhotos.com grants you a personal, non-transferable, and non-exclusive license to use the object code of our Software on a single computer. You may not allow any third party to duplicate, alter, modify, create derivative works from, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or transfer any right in the Software. You agree not to alter or change the Software in any manner, nor use modified versions of the Software, including for unauthorized access to our Services. You also agree not to access or attempt to access our Services through any interface other than that provided by InmatePhotos.com.
Warranty Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) YOUR USE OF INMATEAPP.COM SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. INMATEAPP.COM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) INMATEAPP.COM AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DO NOT WARRANT THAT (i) INMATEAPP.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) INMATEAPP.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) RESULTS FROM THE USE OF INMATEAPP.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OBTAINED THROUGH INMATEAPP.COM SERVICES OR SOFTWARE IS ACCESSED AT YOUR SOLE DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS, DATA LOSS, OR DISPLAY ISSUES RESULTING FROM DOWNLOADING SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED FROM INMATEAPP.COM OR THROUGH OUR SERVICES OR SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY TRIGGER PREVIOUSLY UNKNOWN OR UNDETECTED EPILEPTIC SYMPTOMS. IF YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAS EPILEPSY, CONSULT A PHYSICIAN IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, INVOLUNTARY MOVEMENT, OR CONVULSIONS WHILE USING OUR SERVICES.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT INMATEAPP.COM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RELATED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARISE FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE.
b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES.
c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE.
e) ANY OTHER MATTER RELATED TO OUR SERVICE.
Release
In the event of a dispute, you agree to release InmatePhotos.com (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Special Admonition Related to Financial Matters
If you intend to use our Services for financial news, messages, alerts, or information regarding companies, stock quotes, investments, or securities, please re-review the Warranty Disclaimers and Limitations of Liability sections. For financial information, the principle of “Let the investor beware” applies. InmatePhotos.com’s content is primarily for informational purposes, and no content within our Services is intended for trading or investment purposes. InmatePhotos.com and our licensors are not responsible or liable for the accuracy, usefulness, or availability of any financial information transmitted through our Services, nor for any trading or investment decisions based on such information.
Exclusion and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Therefore, some limitations in the Warranty Disclaimers and Limitation of Liability sections may not apply to you, depending on your location.
Third Party Beneficiaries
Unless expressly stated otherwise in this TOS, you acknowledge, understand, and agree that there are no third-party beneficiaries to this agreement. This agreement is solely between you and InmatePhotos.com (Inmate Text Service LLC).
Notice
InmatePhotos.com may provide notices to you, including changes to the TOS, via email, regular mail, MMS or SMS, text messaging, website postings, or other reasonable means currently known or developed in the future. You may not receive notices if you violate the TOS by accessing our Services in an unauthorized manner. By accepting this TOS, you agree that you are deemed to have received all notices that would have been delivered had you accessed our Services in an authorized manner.
Trademark Information
You acknowledge, understand, and agree that all InmatePhotos.com trademarks, copyrights, trade names, service marks, logos, brand features, and product and service names are trademarks and remain the property of InmatePhotos.com. You agree not to display or use the InmatePhotos.com logo or marks in any manner without prior written consent from InmatePhotos.com.
Copyright or Intellectual Property Infringement Claims Notice & Procedures
Inmate Text Service LLC respects the intellectual property rights of others and expects users to do the same. Under appropriate circumstances and at our discretion, InmatePhotos.com may disable or terminate the accounts of users who violate our TOS or infringe upon the rights of others. If you believe your work has been duplicated in a way that constitutes copyright infringement or your intellectual property rights have been violated, please provide us with the following information:
a) The electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner.
b) A description of the copyrighted work or intellectual property you claim has been infringed.
c) A description of where the infringing material is located on the site.
d) Your physical address, telephone number, and email address.
e) 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.
f) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on their behalf.
The InmatePhotos.com Agent for notice of claims of copyright or other intellectual property infringement can be contacted at:
Mailing Address: InmatePhotos.com
Attn: Copyright Agent
P.O. Box 230763
Las Vegas, NV 89105
Telephone: 702-728-5670
Email: [email protected]
General Information
Entire Agreement
This TOS constitutes the entire agreement between you and InmatePhotos.com and governs your use of our Services, superseding any prior versions of this TOS between you and us regarding InmatePhotos.com Services. You may also be subject to additional terms and conditions when you use or purchase other InmatePhotos.com Services, affiliate Services, third-party content, or third-party software.
Choice of Law and Forum
By mutual agreement between you and InmatePhotos.com, this TOS and the relationship between the parties are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Any claims, causes of action, or disputes arising out of or relating to the TOS or your relationship with InmatePhotos.com shall be filed in the courts with jurisdiction in Clark County, Nevada, or the U.S. District Court in said state. You and InmatePhotos.com agree to submit to the jurisdiction of these courts and waive any objections to jurisdiction and venue in such courts.
Waiver and Severability of Terms
Failure by InmatePhotos.com to exercise or enforce any right or provision of the TOS does not constitute a waiver of that right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations
You acknowledge, understand, and agree that any claim or action arising out of or related to the use of our Services or the TOS must be filed within two years after the claim or cause of action arose or be permanently barred, regardless of any contrary statute or law.
Violations
Please report any violations of this TOS to InmatePhotos.com at:
Mailing Address: InmatePhotos.com
P.O. Box 230763
Las Vegas, NV 89105
Telephone: 702-728-5670
Email: [email protected]
