FotoFetch Corporation (“we”, “us”, “our”, “FotoFetch Corporation”) provides a software-as-a-service solution available anytime, anywhere, on any device. Please read this Terms of Service Agreement carefully before accessing or using FotoFetch services, its websites, and associated applications...
Terms of Service
FotoFetch Corporation (“we”, “us”, “our”, “FotoFetch Corporation”) provides a
software-as-a-service solution available anytime, anywhere, on any device.
Please read this Terms of Service Agreement carefully before accessing or
using FotoFetch services, its websites, and associated applications.
These Terms of Service apply to your access and use of FotoFetch Corporation’s
website, and the related FotoFetch services as described below. Your use of
the Services is expressly conditioned upon your agreement to these Terms of
Service. If you do not consent to these Terms of Service, you are not
permitted to us any Services. If you access the Services on behalf of a
company or other entity, you warrant that you are an authorized representative
of the company or entity with the right to bind the company or entity to these
Terms of Service.
You authorize FotoFetch to collect, use, disclose, and otherwise process
Effective January 01, 2021
The “Agreement” refers, collectively, to all the terms, conditions, notices
contained or referenced in this document (the “Terms of Service” or the
“Terms”) and all other operating rules and policies including the FotoFetch
The “Services” refers to the applications, software, products, and services
provided by FotoFetch Corporation.
The “Website” refers to FotoFetch Corporation's websites located at
fotofetch.com, and all content, services, and products provided by FotoFetch
Corporation at or through the Website. It also refers to FotoFetch Corporation
owned subdomains of fotofetch.com. These Terms also govern FotoFetch
Corporation's conference websites. Occasionally, websites owned by FotoFetch
Corporation may provide different or additional terms of service. If those
additional terms conflict with this Agreement, the more specific terms apply
to the relevant page or service.
The “User”, “You,” and “Your” refer to the individual person, company, or
organization that has visited or is using the Website or Service. A User must
be at least 18 years of age.
“FotoFetch Corporation”, “We”, and “Us” refer to FotoFetch Corporation, as
well as our affiliates, directors, subsidiaries, contractors, licensors,
officers, agents, and employees.
“Content” refers to content featured or displayed through the Website,
including without limitation text, data, articles, images, photographs,
graphics, software, applications, designs, features, and other materials that
are available on the Website or otherwise available through the Service.
“Content” also includes Services.
1. Intellectual Property
FotoFetch Corporation and our licensors, vendors, agents, and/or our content
providers retain ownership of all intellectual property rights of any kind
related to the Website and/or Services. We reserve all rights that are not
expressly granted to you under this Agreement or by law. The look and feel of
the Website and Service is protected by copyright and/or trade dress
protection and owned by FotoFetch Corporation, all rights reserved. You may
visual design elements or concepts without express written permission from
You acknowledge that “FOTOFETCH”, the FotoFetch logo, the overall look and
feel of the Website and/or Services, and any other names, logos or slogans of
FotoFetch contained in or used in conjunction with the Services and/or Website
are trademarks of FotoFetch Corporation (collectively, the “Marks”) and may
not be copied, imitated, or used without the prior written consent of
FotoFetch Corporation hereby grants you a limited, non-transferable,
non-sublicensable, revocable license to access and use the FotoFetch Website
and Services solely in accordance with these Terms of Service. Except for the
limited licenses granted hereunder, we reserve all rights not expressly
granted and no such additional rights may be implied. You acknowledge that (i)
all right, title and interest in and to the FotoFetch Website and Services,
including all patents, copyrights, trade secrets, trademarks and other
proprietary rights embodied therein or associated therewith, are and will
remain with FotoFetch Corporation or its third party licensors; (ii) no right
or interest in the FotoFetch Website or Services is conveyed other than the
limited licenses granted herein; (iii) the FotoFetch Website and Services are
protected by copyright and other intellectual property laws; and (iv)
FotoFetch Corporation asserts that the FotoFetch Website and Services embody
valuable confidential and secret information of FotoFetch Corporation or its
licensors, the development of which required the expenditure of considerable
time and money.
3. User Content
The Website and Services allow you to upload and transmit photos and/or videos
to the FotoFetch Corporation Website or other portions of the Services
(collectively, the “User Content”).
You represent and warrant that (i) you own or otherwise control all of the
rights to the User Content; (ii) the User Content you supply is accurate and
not misleading; and (iii) the use and posting of the User Content you supply
cause injury to any person or entity.
You further agree that, prior uploading and transmitting any photos and/or
videos to the Website, you have read and accept the User Terms of Service.
Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws,
including copyright or trademark laws, export control laws, or other laws in
your jurisdiction. You are responsible for making sure that your use of the
Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or
transmit any content that:
- is unlawful or promotes unlawful activities;
- is pornography or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- is an unsolicited promotion, political campaigning, or advertisement;
- contains private information of any third party, including, without
limitation: addresses, phone numbers, email addresses, social security
numbers, credit card numbers, drivers license numbers, or identification
issued by any city, local governing body, or any state of the United States
or other foreign governing body or entity;
- contains or installs any active malware or exploits, or uses our platform
for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent,
trademark, trade secret, copyright, right of publicity, or other rights.
You agree that any request submitted to the Website or Service:
- Shall be for a lawful photographic or audio/visual activity;
- Shall not be a request for any photographic or audio/visual depiction of
nudity, pornographic or otherwise;
- May not require that the photographer or videographer be endangered in any
- May not require that the photographer or videographer violate any private
property rights, such as requiring entry onto private property that the
photographer or videographer is not permitted to or does not have permission
- Shall not contain any copyrighted or trademarked materials, or materials
protected by any form of intellectual property protection, in violation of
the rights of any third party.
You also agree that you shall provide the offered payment for any such request
for photographs or videos no later than three (3) days after delivery of the
requested photograph or video. FotoFetch Corporation shall have final say in
regard to whether or not the submitted photograph or video is acceptable,
i.e., meets the requirements set forth by in the submitted request.
You agree that:
- You assign all rights and title to all images, video, or other digital
content which you submit to FotoFetch Corporation via the Website or
Services. Such assignment shall be an exclusive assignment of all such
rights to FotoFetch Corporation in perpetuity;
- You will not hold FotoFetch corporation liable for any loss, material,
physical, emotional, financial, or otherwise while they take on the job of
delivering the requested photograph or video;
- You shall be and are solely responsible for acquiring any and all licenses,
permits, certifications, or any other requirements necessary by law to
acquire the requested photograph or video;
- You shall be and are solely responsible for obtaining any insurance, you
further agree that FotoFetch Corporation has no obligation, legal or
otherwise, to obtain or provide any such insurance or indemnification;
- You are in no way an employee of FotoFetch Corporation.
While using FotoFetch Corporation services, you agree that you will not under
- harass, abuse, threaten, or incite violence towards any individual or group,
including FotoFetch Corporation employees, officers, and agents, or other
FotoFetch Corporation Users;
- use our servers for any form of excessive automated bulk activity (for
example, spamming), or relay any other form of unsolicited advertising or
solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with FotoFetch Corporation's servers in ways
that could harm our Website or Service, to place undue burden on FotoFetch
Corporation's servers through automated means, or to access FotoFetch
Corporation's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or
representatives, including through false association with FotoFetch
Corporation, or by fraudulently misrepresenting your identity or site's
- violate the privacy of any third party, such as by posting another person's
personal information without consent.
Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service without
FotoFetch Corporation's express written permission.
Scraping refers to extracting data from our Website via an automated process,
such as a bot or webcrawler. It does not refer to the collection of
information through FotoFetch Corporation's API. You may not scrape the
Misuse of FotoFetch Corporation Users' Personal Information is prohibited.
Any person, entity, or service collecting data from FotoFetch Corporation must
to the collection of our Users' Personal Information (as defined in the
Corporation User's Personal Information from FotoFetch Corporation, you agree
that you will only use the Personal Information you gather for the purpose for
which our User has authorized it. You agree that you will reasonably secure
any Personal Information you have gathered from FotoFetch Corporation, and you
will respond promptly to complaints, removal requests, and “do not contact”
requests from FotoFetch Corporation or FotoFetch Corporation Users.
Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation
to other FotoFetch Corporation customers, we reserve the right to suspend your
Account or throttle your file hosting until you can reduce your bandwidth
You agree not to engage in activity that significantly harms our Users. We
will resolve disputes in favor of protecting our Users as a whole.
FotoFetch Corporation May Terminate
FotoFetch Corporation has the right to suspend or terminate your access to all
or any part of the Website at any time, with or without cause, with or without
notice, effective immediately. FotoFetch Corporation reserves the right to
refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive
termination, will survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity, and limitations of
Communications with FotoFetch Corporation
Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in
an electronic form via the email address you have submitted or via the
Service; and (2) agree that all Terms of Service, agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that those communications would satisfy if they
were on paper. This section does not affect your non-waivable rights.
Legal Notice to FotoFetch Corporation Must Be in Writing
Communications made through email or FotoFetch Corporation Support's messaging
system will not constitute legal notice to FotoFetch Corporation or any of its
officers, employees, agents or representatives in any situation where notice
to FotoFetch Corporation is required by contract or any law or regulation.
Legal notice to FotoFetch Corporation must be in writing and served on
FotoFetch Corporation's legal agent.
Disclaimer of Warranties
FotoFetch Corporation provides the Website and the Service “as is” and “as
available,” without warranty of any kind. Without limiting this, we expressly
disclaim all warranties, whether express, implied or statutory, regarding the
Website and the Service including without limitation any warranty of
merchantability, fitness for a particular purpose, title, security, accuracy
FotoFetch Corporation does not warrant that the Service will meet your
requirements; that the Service will be uninterrupted, timely, secure, or
error-free; that the information provided through the Service is accurate,
reliable or correct; that any defects or errors will be corrected; that the
Service will be available at any particular time or location; or that the
Service is free of viruses or other harmful components. You assume full
responsibility and risk of loss resulting from your downloading and/or use of
files, information, content or other material obtained from the Service.
Limitation of Liability
You understand and agree that we will not be liable to you or any third party
for any loss of profits, use, goodwill, or data, or for any incidental,
indirect, special, consequential or exemplary damages, however arising, that
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of
the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the
possibility of such damages, and even if a remedy set forth in this Agreement
is found to have failed of its essential purpose. We will have no liability
for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
If you have a dispute with one or more Users, you agree to release FotoFetch
Corporation from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against
any and all claims, liabilities, and expenses, including attorneys' fees,
arising out of your use of the Website and the Service, including but not
limited to your violation of this Agreement, provided that FotoFetch
Corporation (1) promptly gives you written notice of the claim, demand, suit
or proceeding; (2) gives you sole control of the defense and settlement of the
claim, demand, suit or proceeding (provided that you may not settle any claim,
demand, suit or proceeding unless the settlement unconditionally releases
FotoFetch Corporation of all liability); and (3) provides to you all
reasonable assistance, at your expense.
You further agree that you shall indemnify, defend, and hold harmless
FotoFetch and its officers, directors, employees, agents, successors, and
assigns against all Losses arising out of or resulting from any action related
to, arising out of, or resulting from your negligence, intentional acts, or
Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service
at any time and will update these Terms of Service in the event of any such
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Website (or any part of it) with
or without notice.
Except to the extent applicable law provides otherwise, this Agreement between
you and FotoFetch Corporation and any access to or use of the Website or the
Service are governed by the federal laws of the United States of America and
the laws of the State of Nevada, without regard to conflict of law provisions.
You and FotoFetch Corporation agree to submit to the exclusive jurisdiction
and venue of the courts located in the city of Reno, Nevada.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT REQUIRES YOU TO ARBITRATE
DISPUTES WITH FOTOFETCH AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION, YOU ARE NOT PERMITTED TO
USE THE SERVICES.
You and FotoFetch Corporation agree to arbitrate any dispute arising from
these Terms of Service or relating to the Services. ARBITRATION PREVENTS YOU
FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and FotoFetch Corporation
agree: (i) to notify each other of any dispute within thirty (30) days of when
it arises; (ii) to attempt informal resolution prior to any demand for
arbitration; (iii) that any arbitration will occur in Reno, Nevada; and (iv)
that arbitration will be conducted confidentially by a single arbitrator in
accordance with the Rules of the American Arbitration Association (“AAA”),
including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as
applicable). The AAA’s rules are available at www.adr.org. Other than class
the authority to grant any remedy that would otherwise be available in court.
Notwithstanding the foregoing, you and FotoFetch Corporation are NOT required
to arbitrate any dispute in which either party seeks equitable or other relief
for (1) the alleged unlawful use of copyrights, trademarks, trade names,
logos, trade secrets or patents or (2) allegedly criminal conduct under laws
of the United States or any state thereof including, but not limited to,
criminal laws addressing pornography, exploitation, obscenity, or hate speech.
The arbitrator will not be bound by rulings in prior arbitrations involving
different FotoFetch Corporation or FotoFetch users, but is bound by rulings in
prior arbitrations involving the same FotoFetch Corporation or FotoFetch user
to the extent required by applicable law. The arbitrator’s award will be final
and binding and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. YOU AND FOTOFETCH
CORPORATION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON
AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING. UNLESS BOTH YOU AND FOTOFETCH CORPORATION AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S
OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY
TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER FOTOFETCH USERS.
Unless you and FotoFetch Corporation agree otherwise, in the event that a
court decides that any part of this section is invalid or unenforceable, you
agree that any claim or dispute that has arisen or may arise between you and
FotroFetch Corporation must be resolved exclusively by a state or federal
to apply. You and FotoFetch Corporation agree to submit to the personal
jurisdiction of the courts located within Reno, Nevada for the purpose of
litigating all such claims or disputes.
FotoFetch Corporation may assign or delegate these Terms of Service and/or the
entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under the Terms of Service or Privacy
Policy without our prior written consent, and any unauthorized assignment and
delegation by you is void.
Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion
of the Agreement will be construed to reflect the parties' original intent.
The remaining portions will remain in full force and effect. Any failure on
the part of FotoFetch Corporation to enforce any provision of this Agreement
will not be considered a waiver of our right to enforce such provision. Our
rights under this Agreement will survive any termination of this Agreement.
Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an
authorized representative of FotoFetch Corporation, or by the posting by
FotoFetch Corporation of a revised version in accordance with section Changes
to These Terms. These Terms of Service, together with the FotoFetch
Use, as applicable, represent the complete and exclusive statement of the
agreement between you and us. This Agreement supersedes any proposal or prior
agreement oral or written, and any other communications between you and
FotoFetch Corporation relating to the subject matter of these terms including
any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact Support.