Terms Of Service
Terms of Service
Last revised Mar 01, 2004
Welcome to the Fotopages service ("Fotopages"). These Terms of Service govern your use of Fotopages' service. Your use of Fotopages' service constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service.
Fotopages provides online storage to its members according to a number of service plans. If you are using a free plan, or if you are using a paid subscription plan and your subscription expires, and your account becomes inactive for a period of 60 days, Fotopages may, at its option, terminate access to the account altogether (including deletion of any account information held by Fotopages). Fotopages may change this policy at any time, upon reasonable notice to you.
Fotopages respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact us at [email protected] You must provide us with the following information, which Fotopages may then forward to the alleged infringer:
1.Describe the copyrighted work that you believe has been infringed;
2.Identify the material on the Fotopages site that you believe infringes your work, with enough detail so that we may locate it on the site;
3.Provide your address, telephone number, and email address;
4.Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5.Declare under penalty of perjury that
(a) the information you have provided to us is accurate, and
(b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,
6.Provide your physical or electronic signature.
Upon receiving your complaint, Fotopages may remove content that you believe infringes your copyright. In addition, Fotopages may terminate the account of the member who appears to be infringing your intellectual property rights.
Fotopages claims no ownership rights in any image contained in any of your photologs. Please note, however, that when you share a photolog, you allow the recipients of that photolog to share and make photographic prints from the images contained in that photolog. For the sole purpose of displaying your images through your Fotopages photolog, and fulfilling any orders you or your photolog viewers place, you grant to Fotopages a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
You are responsible for all of the images you upload, share or copy using Fotopages service. You must have the legal right to display each image that you upload or share, and to copy each image that you order prints of. Professional images that are provided to you by professional photographers or made available through websites magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using this service.
In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:
Upload, post, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
Upload, post, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
Abuse the system, servers, network or resources and/or use the system, servers, network or resources in a manner that does not coincide with Fotopages' best interests;
Use this service for the purpose of making images available for viewing to the general public outside of Fotopages, unless specifically allowed to do so;
Provide any information to Fotopages that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Fotopages reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Service have been violated. In addition, Fotopages reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Fotopages or others.
Trademark and Copyright
FOTOPAGES, and all graphics, logos and service names used to identify Fotopages' products and services are trademarks of Fotopages. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.
You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
Monitoring of Content
In general Fotopages does not control the content of any user's photolog and does not have any obligation to monitor such content for any purpose. All content provided by a user of this service is the sole responsibility of that user, not Fotopages.
Communication and Advertising
Fotopages may communicate with you, via Email, website or any other communication medium freely, as part of services offered, related products or any other direct or indirect offering including advertising. By signing up to Fotopages you actively agree to that.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY FOTOPAGES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FOTOPAGES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO FOTOPAGES, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH FOTOPAGES' SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITIAL CONTENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, FOTOPAGES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF FOTOPAGES' SERVICE OR SITE, EVEN IF FOTOPAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
These Terms of Service constitute the entire agreement between you and Fotopages with respect to the use of this service. Fotopages' failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
Fotopages reserves the right to amend these Terms of Service from time to time without notice. Please visit this page often for changes and updates.