Myra Cloud Terms of Service

Last revised 2019-02-17

Thank you for visiting https://myra.cloud/ (the “Site”), operated by Myra Cloud, (“Myra Cloud” or “we” or “us”). Please carefully read these Terms of Service (“Terms”) so you understand how we operate this Site, what we offer and how we can work together.

By using the Site and Myra Cloud Services (even if you’re just visiting), you are agreeing to the Terms posted at the time of your visit.

About Us

Myra Cloud offers photo storage services (collectively referred to as “Myra Cloud Services”) that are offered via the Site

1. Our Customers

1.1. The Site is open to anyone 13 years of age or older, but some of the Myra Cloud Services are only available to those people (“Members”) who have created an account (“Account”). You can visit the Site without registering and we will consider you a “User”.

2. Membership Responsibilities

2.1. When you become a Member, you agree to the following:

  • You have provided true information when you registered to be a Member and created an Account;
  • You have given us a valid email address, that you will be required to confirm upon registration, and/or any time thereafter, via a confirmation email which will require a response to complete your registration or keep your Account active;
  • You will notify us if something changes;
  • You are 13 years of age or older;
  • You are not breaking any laws when you use the Myra Cloud Services and
  • You will not violate these Terms as a Member.

2.2. If you become a Member, you are responsible for the “Content” and activities in your Account, for protecting your Content with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password.

2.3. We reserve the right to suspend, restrict or terminate your chosen Plan at any time without warning for any violation of these Terms, with or without prior notice or explanation and without liability, and can even take legal action if needed. Termination of your chosen Plan may include permanently removing your Content without warning.

2.4. You may cease use of the Myra Cloud Services at any time. Even after you are no longer a Member, you will still be responsible for the promises you have made to us about your Content.

2.5. You’ll be responsible for any damages that result from your breaking those promises as further outlined below.

3. Types of Plans, Pricing and Limits

3.1. Free Account: Each user can provide high resolution photos for which the quality will be ensured. These photos can be used for printing. There is a possibility that the user of a free account that uses the service in an excessive way to be required to upgrade to a Premium subscription.

3.2. Furthermore, Myra Cloud reserves the right to close at its sole discretion any account that is not using the services in a proper manner.

3.3. Premium: It does not have this limitation.

4. Payments, Expirations, Refunds and Cancellations

4.1. When you subscribe to a Paid Account, you authorize Myra Cloud to charge you using your selected payment method for all applicable fees..

4.2. Paid Account Members are responsible for providing and updating when necessary complete and accurate billing and contact information to Myra Cloud.

5. Content policy for photo albums

5.1. All images in photo books must comply with legal regulations and content policies. Therefore, it is not allowed to print certain types of images in photo albums. No photo albums with images that violate the following policies will be printed.

6. User Content and Content Rules

6.1. Images and other material uploaded, posted, contributed, distributed, communicated, transmitted by a User on, through or in connection with Myra Cloud are treated as “User Content” for the purposes of these Terms.

6.2. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:

  • infringe anyone’s copyright;
  • infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
  • contravene any applicable law (including, without limitation, any criminal law) or regulation;
  • contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  • misrepresent the User’s identity in any way or impersonate any person;
  • include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6.3. We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services which includes any such Image or User Content.

7. Closure of Account

7.1. You may choose to cancel your Account at any time here. You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account.

7.2. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms shall not be terminated as a result.

8. Intellectual Property

8.1. By uploading, posting, contributing, distributing, communicating or transmitting User Content, a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Myra Cloud.

8.2. The licence under this Clause 8 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. Note that we may modify User Content in order to conform it to Myra Cloud or the requirements.

8.3. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Myra Cloud (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us.

8.4. You may use and access Myra Cloud and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Myra Cloud, or any of the material which is found on Myra Cloud unless properly licensed to do so by us.

9. Suspension

9.1. We reserve the right at any time and without notice:

  • to suspend or terminate your ability to access Myra Cloud;
  • your use of all of part of the Services;
  • to remove from access via Myra Cloud any User Content associated with a User or his/her Account;

9.2. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

10. Operation of Myra Cloud

10.1. We reserve the right to withdraw or modify all or part of the Services or Myra Cloud where we have legal or commercial reasons to do so. There may be times when the operation of Myra Cloud is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Myra Cloud, on the Internet or other communications networks, or other matters that are beyond our control.

10.2. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Myra Cloud or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Myra Cloud.

10.3. For security or other reasons, we may require you to change your password or other information which facilitates access to Myra Cloud; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

11. Limitation of Liability

11.1. We use reasonable care and skill to provide Myra Cloud in accordance with our specifications for Myra Cloud but:

  • the Services are provided “as is”;
  • we cannot and do not guarantee that Myra Cloud or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through Myra Cloud.

11.2. IN NO EVENT SHALL Myra Cloud BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE Myra Cloud SERVICES, EVEN IF Myra Cloud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Myra Cloud’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Myra Cloud FOR THE Myra Cloud SERVICES DURING THE TERM OF MEMBERSHIP. FREE USERS ACKNOWLEDGE AND AGREE THAT Myra Cloud SHALL HAVE NO LIABILITY TO THEM IN THE EVENT THAT SUCH FREE USER’S USE OF THE SERVICES IS RESTRICTED OR TERMINATED FOR ANY REASON OR NO REASON.

12. Indemnity

12.1. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Myra Cloud, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Myra Cloud Services in violation of that and/or arising from any Content that you post on or through the Site and Myra Cloud Services.

12.2. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and Myra Cloud Services. Obligations you owed to us and Users of the Site, which by their nature are intended to survive closing or termination, will survive.

13. Assignment

13.1. We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms.

13.2. You may not without the written consent of Myra Cloud assign or dispose of these Terms or any of your rights and obligations under it.

14. Entire Agreement

14.1. These Terms are intended to contain your entire agreement with us relating to your use of and access to Myra Cloud; we believe them to be fair and reasonable.

14.2. They replace all earlier agreements and understandings with you relating to Myra Cloud.

15. Changes to these Terms

15.1. We reserve the right to change these Terms from time to time, and post the new version on Myra Cloud. The new version of these Terms will take effect in 10 business days after the date of posting or such later date as we indicate in the relevant posting, if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you.

15.2. In case you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Myra Cloud. For the avoidance of doubt, we will not have any liability to you in that event.

16. General

16.1. If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

16.2. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms.

17. Law

17.1. These Terms, the Services each order and purchase of a Membership shall be governed by Danish law.

17.2. You and we each submit to the non-exclusive jurisdiction of the Danish courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Membership.

18. Contact

Please contact us at hello@myra.cloud.