2. AGE REQUIREMENT
3. COMPLIANCE AND DISCLOSURE
FotoFetch reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
4. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
5. MODIFICATION OF TERMS
6. USE OF SERVICES
This Agreement lists rules and guidelines for using our Services. By accessing, registering for or using the Services, you agree to be bound by the following rules:
a. FotoFetch Code of Conduct
By using FotoFetch and participating in the FotoFetch Services, you agree that any content you submit will not contain anything that is or could appear to be:
- Threatening, bullying, harmful, stalking another user, harassing, hateful;
- Racially, ethnically, or otherwise objectionable;
- Offensive language;
- Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
- Pornographic, sexually explicit, unlawful or plagiarized;
- Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Unsolicited, undisclosed, or unauthorized advertising;
- Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
- Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use; and
- Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
FotoFetch takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that FotoFetch deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that FotoFetch will pursue civil remedies without providing advance notice.
b. Copy Restrictions
FotoFetch respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Services to third parties;
- modify our Services in any way;
- reverse engineer, or permit others to reverse engineer, our Services;
- copy the user manuals, help features, and other documentation associated with our Services;
- rent, lend, publicly perform, present, broadcast or distribute our Services;
- make derivative works of our Services;
- translate our Services into another computer language;
- use our Services on a device that you do not own or control;
- permit multiple users to share a single user name to our Services; or
- copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
c. Harmful or Illegal Use
By using the Services, you agree to respect FotoFetch and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
- permit multiple users to share a single user name to our Services;
- undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
- use our network to send unsolicited bulk electronic mail messages (“Spam”);
- use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
- use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
- use BitTorrents or related technology on our servers;
- use a false email return address to confuse other users;
- attempt to access other networks or accounts that do not belong to you on our network;
- undergo any act that interferes with the Services of another user or network;
- circumvent security measures on the network or our Services;
- engage in illegal activities or engage in activities harmful to the operations of FotoFetch, our Services or other customers and users;
- use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, or other User Data;
- engage in terroristic activities;
- send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
- Provide false data on any of the Services.
7. INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services is owned by FotoFetch. This includes, but is not limited to the text, graphics, photos and interactive features created by and for FotoFetch (collectively, “FotoFetch Content”). This also includes trademarks, service marks, and logos contained in our Services (“FotoFetch Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the FotoFetch Content or Marks.
The FotoFetch Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. FotoFetch Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of FotoFetch Content obtained through the Services for any commercial purpose.
8. ASSIGNMENT OF OWNERSHIP OF PHOTOGRAPHS AND/OR VIDEOS
You hereby irrevocably assign to FotoFetch all of your rights, title, and interest to and in the copyright and all other intellectual property rights, including but not limited to, all of your rights to prepare derivative works, and all goodwill and moral rights associated with any and all photographs and/or videos you upload to the FotoFetch website in connection with the Services that are accepted by FotoFetch.
You hereby acknowledge and agree that in consideration for the assignment to and in the copyright and all other intellectual property rights to the photographs and/or videos you will be paid a fee subsequent to uploading the photographs and/or videos and FotoFetch accepting the photographs and/or videos. Payment will be made via affiliated banking institutions or payment processors as indicated on the FotoFetch website.
You hereby represent and warrant to FotoFetch the following with respect to any photographs and/or videos you upload to the Website:
(i) you have the right, power and authority to enter into this Assignment with FotoFetch;
(ii) you are the exclusive owner of all right, title, interest and all intellectual property rights to and in the photographs and/or videos;
(iii) the photographs and/or videos are free and clear of any all liens, encumbrances or licenses;
(iv) the photographs and/or videos do not infringe on the rights of any third party;
(v) there are no claims against the photographs and/or videos by any third party; and
(vi) you are not subject to any Assignment, whether written or otherwise, which would prevent you from have all right, power and authority to assign the photographs and/or videos.
You hereby acknowledge and agree to perform any and all further acts and execute and deliver any and all further documents that may be reasonably necessary to carry out the provisions of this Assignment.
9. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide FotoFetch’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the FotoFetch Services, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
Our Designated Copyright Agent to receive notifications of claimed infringement is:
14241 NE WOOD-DUVALL RD 315
WOODINVILLE, WA 98072
10. USER DATA AND ACCOUNTS
a. User Data
FotoFetch cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
b. User Accounts
If your information changes, it is your responsibility to update your account to reflect these changes. If FotoFetch feels that your account information is not complete, current, or accurate, or that your account violates this Agreement or the Terms of Service, FotoFetch may suspend or terminate your account.
11. TERM AND TERMINATION
By using our Website, you understand and agree that FotoFetch, at its sole discretion, and with or without cause or notice to you, can terminate this Agreement, your access to the Website, or suspend or block your access to the Website.
FotoFetch reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by this Agreement.
If FotoFetch suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
12. REPRESENTATIONS AND WARRANTIES
a. FotoFetch’s Representations and Warranties
FotoFetch represents and warrants that in performing the Services provided in this Agreement that:
- It has the authority and is legally able to form a binding contract with you;
- It will, at a minimum, conform to generally accepted industry standards and practices;
- It will be qualified by education and experience to perform the duties required in this Agreement; and
- It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
- You represent and you warrant that you are legally able to form a binding contract with FotoFetch, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
- You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
- You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
- You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
- You agree to immediately notify FotoFetch of any unauthorized use of your account or any other breach of security. FotoFetch will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
- You agree that you will not engage in any activity that interferes with or disrupts FotoFetch services or servers or networks connected to FotoFetch services.
- You represent and you warrant that you will not use FotoFetch Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of FotoFetch and are grounds for suspension or termination of your account.
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless FotoFetch, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
- a. Any claim due to or arising out of your violation of this Agreement or the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under this Agreement or the Terms of Service;
- b. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
14. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOTOFETCH, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE FOTOFETCH SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FOTOFETCH HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO FOTOFETCH SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO FOTOFETCH DURING THE PRIOR THREE MONTHS IN QUESTION.
15. INTERNET DELAYS
THE FOTOFETCH SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FOTOFETCH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
16. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOTOFETCH SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FOTOFETCH DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF FOTOFETCH SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FOTOFETCH AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
17. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement or the Terms of Service, there will not be third party beneficiaries.
19. NO AGENCY
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and FotoFetch by this Agreement.
You agree that FotoFetch may provide you with notices, including those regarding changes to this Agreement or the Terms of Service, by email, regular mail, or postings on the Website.
a. Entire Agreement
b. Location and Data Transfers
Our Services and the servers that make the FotoFetch website available may not be located in the country where you live and are governed by U.S. Law. By using the Fotofetch services, you agree to the transfer, collection, processing and use of data by FotoFetch.
FotoFetch may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. FotoFetch may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
d. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If FotoFetch does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by FotoFetch in writing.
23. QUESTIONS OR ADDITIONAL INFORMATION
To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of this page.