General use
In this document, “Web site” and “foto38” refer to any material published on foto38.com and any other future branded domains.
Please read these Terms and Conditions ('Terms') carefully as they contain the legal Terms and Conditions that you ('you') agree to when you access and use this Web site.
1. By accessing foto38, you agree to be legally bound by these Terms. If you do not agree to be legally bound by all of the following Terms, please do not access and/or use foto38.
2. foto38 reserves the right to modify these Terms at any time at its sole discretion. Any change is effective immediately upon posting on this page. Please review these Terms regularly to ensure that you are aware of any changes. Your continued use of the Web site after changes have been posted will mean that you agree to be legally bound by the Terms as updated and/or amended.
3. In the case of any violation of these Terms, foto38 reserves the right to seek all remedies available by law and in equity for such violations.
4. You agree to use foto38 only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of foto38. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue and commerce within foto38.
5. Please note that all material on this Web site is protected by copyright. You may not copy, reproduce, republish, download, post, make available to the public, or otherwise use foto38 content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any foto38 content except for your own personal, non-commercial use. Any other use of foto38 content requires the prior written permission of foto38 or, in the case of the photographs, the copyright-holding photographer.
Disclaimers and Limitation of Liability
6. foto38 content, including the information, names, images, pictures, logos and icons regarding or relating to foto38, its products and services, or to third-party products and services, is provided 'as is' and on an 'is available' basis, without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7. Under no circumstances shall foto38 be liable for any of the following losses or damage, whether such losses where foreseen, foreseeable, known or otherwise: (1) loss of data; (2) loss of revenue or anticipated profits; (3) loss of business; (4) loss of opportunity; (5) loss of goodwill or injury to reputation; (6) losses suffered by third parties; or (7) any indirect, consequential, special or exemplary damages arising from the use of foto38, regardless of the form of action.
8. foto38 does not warrant that Web site functions will be uninterrupted or error free, that defects will be corrected, or that foto38 or the server that makes it available are free of viruses or bugs.
9. Although foto38 has attempted to provide accurate information on the Web site, foto38 assumes no responsibility for the accuracy of the information. foto38 may change the content at any time without notice.
10. While foto38 provides links to other Internet sites, please observe that foto38 is not responsible for the accuracy or reliability of any information, opinions, advice or statements made on those sites, nor shall foto38 be liable for any losses or damages you may incur in using those sites. Reference to other Internet sites constitutes neither an endorsement nor a recommendation of those sites.
Intellectual Property
11. The names, images and logos identifying foto38, or third parties and their products and services, are subject to copyright, design rights and trademarks of foto38 and/or third parties. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any trademark, design right, patent or copyright of foto38 or any other third party.
Contributing comments to the Web site
12. foto38 welcomes, and will publish in accordance with the Terms enumerated below (and editorial criteria detailed elsewhere on the site), your comments about the site, about photographers whose work appears on the site, and about individual photographs that appear on the site.
• Comments must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
• Comments containing or promoting any disruptive, offensive or abusive behavior will not be published.
• Comments containing unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, libelous, or otherwise objectionable material will not be published.
Comments submitted with the intention of committing or promoting an illegal act is strictly prohibited.
• Comments containing commercial advertisements of any kind will not be published.
• Comments must not violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
• Comments containing specific URLs (Web site addresses) will not be published unless approved by foto38. If you know of a Web site that is relevant to the comment you are contributing, you may include it in your comment, but foto38 may, as it sees fit, exercise the right to not publish the URL.
• Comments containing specific personal information of any individual, including yourself, (e.g., telephone numbers, home or e-mail addresses) will not be published.
• When contributing a comment you must provide a name. You are not obligated to use your given or legal name, but the name you use, if you prefer a pseudonym, must not be vulgar or offensive, and it must be your own; impersonation is prohibited. Anonymous submissions are welcome; simply type 'anon' or 'anonymous' in the 'your name' field when submitting a comment anonymously.
• When contributing a comment you must provide a valid e-mail address. Your e-mail address will be used consistent with our privacy policy. It will not be published on the site.
Users aged 16 or under need a parent/guardian's permission before submitting any foto38 comment. Users without this consent are not allowed to submit comments.
The views expressed in foto38 comment areas are those of members of the public and are not necessarily those of foto38.
Bona fide requests to remove defamatory content will be honored, although foto38 can offer no guarantee as to time scale.
Breaches of Terms
All comments submitted to foto38 are subject to review and may or may not be published on the site. Unless you specifically request one, no explanation will be provided for comments that are not published on the site. If, however, you continue to submit comments that violate the Terms detailed above, foto38 will send you an e-mail explaining why your comments have not been published or have been published in edited form. This message may also include a warning that continued violation of these Terms could result in a temporary or permanent suspension of your ability to submit comments in any/all of the foto38 comment areas.
If you submit offensive or inappropriate content anywhere on or to foto38 or otherwise engage in any disruptive behavior on this Web site, and foto38 considers such behavior to be serious and/or repeated, foto38 may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties, such as your employer, school or e-mail provider about the infringement(s).
General
13. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
14. These Terms shall be governed by and interpreted in accordance with the laws of the United States of America. Any dispute arising under these Terms of use shall be subject to the exclusive jurisdiction of the U.S. courts and, by using this Web site, you hereby submit to and waive any objections to the jurisdiction of such courts.
Submissions and membership
In this document, “Web site” and “foto38” refer to any material published on foto38.com and any other future branded domains.
The following Rules and Regulations apply to all photographers whose portfolio of photographs has been accepted for publication on this Web site. These Terms will continue to apply until such time as the photographer retires his/her subscription.
1. foto38 reserves the right to modify these Terms at any time at its sole discretion. Any change is effective immediately upon posting on this page. As a member, you will be advised of any changes to this Agreement via e-mail. If you find modification to this Agreement unacceptable, you may immediately terminate the Services. Simply e-mail contact@foto38.com. If you do not terminate the Services following modification to this Agreement, your continued use of the services will mean that you agree to be legally bound by the Terms as updated and/or amended.
2. In the case of any violation of these Terms, foto38 reserves the right to seek all remedies available by law and in equity for such violations.
3. You agree to use foto38 only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of foto38. Prohibited behavior includes but is not limited to:
(a) Harassing or causing distress or inconvenience to any person;
(b) Disrupting the normal flow of dialogue and commerce within foto38;
(c) Damaging the name or reputation of foto38, its affiliates or subsidiaries;
(d) Breaking security on any computer network, or accessing another member’s account.
Content submissions to foto38
4. For the sole purpose of displaying images on this Web site and making those images available for sale to the general public, members grant to foto38 a non-exclusive, worldwide, royalty-free license to display full-size and thumbnail versions of their images. Members also grant foto38 the right to download, upload, copy, publish, post, and transmit any material included in a member’s gallery, as necessary, for the express purpose of maintaining this Web site. foto38 will not use members’ images for marketing purposes or any other purposes without obtaining the member’s written permission, and granting payment when necessary. foto38 claims no ownership rights on any content you submit to and publish on this Web site.
5. As used herein, 'Content' shall mean all text, photographs, and any other material submitted by you, the member photographer, in reference to your published portfolio on this Web site.
• Content containing or promoting any disruptive, offensive or abusive behavior will not be published.
• Content containing unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, pornographic, racially offensive, libelous, or otherwise objectionable material will not be published. Content submitted with the intention of committing or promoting an illegal act is strictly prohibited.
• Content containing commercial advertisements of any kind will not be published.
• Content must not violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
• Content containing specific URLs (Web site addresses) will not be published unless approved by foto38. If you know of a Web site that is relevant to the content you are contributing, you may include it in your content submission, but foto38 may, as it sees fit, exercise the right to not publish the URL.
• Content containing specific personal information of any individual, including yourself, (e.g., telephone numbers, home or e-mail addresses, Social Security numbers) will not be published.
• Content containing any material likely to cause harm to or compromise the security of foto38 will not be published, including that which contains any virus, code, worm, or other files or programs designed to damage or allow unauthorized access to foto38 or which may cause any defect, error, malfunction or corruption to the service. In the event that such destructive content is submitted, foto38 will seek to determine whether the content was submitted knowingly, proceeding in accordance with the Terms described herein.
You agree that if foto38, in its sole discretion, determines that any material you upload does not meet these content requirements, foto38 may reject your submission without explanation.
Breaches of Terms
6. All content submitted to foto38 is subject to review and may or may not be published on the site. Unless you specifically request one, no explanation will be provided for content that is not published on the site. If, however, you continue to submit content that violates the Terms detailed above, foto38 will send you an e-mail explaining why your content has not been published or has been published in modified form. This message may also include a warning that continued violation of these Terms could result in a temporary or permanent suspension of your ability to submit content or, in extreme cases, a termination of your account.
Members are solely responsible for the content of their photo galleries. If you feel a member is violating your copyright, please contact that member.
Membership
7. foto38 may terminate any membership and delete any and all galleries, image files, associated details and communications at any time, based on the inability to contact a member photographer or process any financial transactions related to that account.
Disclaimers and Limitation of Liability
8. Under no circumstances shall foto38 be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (1) loss of data; (2) loss of revenue or anticipated profits; (3) loss of business; (4) loss of opportunity; (5) loss of goodwill or injury to reputation; (6) losses suffered by third parties; or (7) any indirect, consequential, special or exemplary damages arising from the use of foto38, regardless of the form of action.
9. foto38 does not warrant that Web site functions will be uninterrupted or error free, that defects will be corrected, or that foto38 or the server that makes it available are free of viruses or bugs.
foto38 recommends that members maintain their own backups of any “irreplaceable” content, as foto38 cannot guarantee that no loss or corruption of data shall occur.
Please refer to the submit page for more information.
