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Agreements

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...

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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 information about you as set forth in our Privacy Policy.

Effective January 01, 2021

Definitions

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 Corporation Privacy Policy that we may publish from time to time on the Website.

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.

Additional Terms

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 not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from FotoFetch Corporation.

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.

2. License

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 does not violate these Terms of Use and will not violate any rights of or 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.

Acceptable Use

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.

Content Restrictions

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.

Customer Requests

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 manner;
  • 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 to enter;
  • 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.

Photographer Submissions

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.

Conduct Restrictions

While using FotoFetch Corporation services, you agree that you will not under any circumstances:

  • 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 purpose; or
  • 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

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 website.

Privacy

Misuse of FotoFetch Corporation Users' Personal Information is prohibited.

Any person, entity, or service collecting data from FotoFetch Corporation must comply with the FotoFetch Corporation Privacy Policy, particularly in regards to the collection of our Users' Personal Information (as defined in the FotoFetch Corporation Privacy Policy). If you collect any FotoFetch 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 consumption.

User Protection

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.

Survival

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 liability.

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 and non-infringement.

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 result from:

  • 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 available;
  • 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 willful misconduct.

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 amendments.

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.

Miscellaneous

Governing Law

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.

Arbitration

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 procedures and remedies described in these Terms of Use, the arbitrator has 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 court located in Reno, Nevada. The remainder of the Terms of Use will continue 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.

Non-Assignability

FotoFetch Corporation may assign or delegate these Terms of Service and/or the FotoFetch Corporation Privacy Policy, in whole or in part, to any person or 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 Corporation Privacy Policy and Photographer Terms of Use and Customer Terms of 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

Questions about the Terms of Service? Contact Support.

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FotoFetch Corporation ("we", "us", "our", "FotoFetch Corporation") provides a software-as-a-service solution available anytime, anywhere, on any device. This Privacy Policy describes how we collect, use, and share your data when you visit FotoFetch Corporation websites, including fotofetch.com and app.fotofetch.com...

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Privacy Policy

FotoFetch Corporation ("we", "us", "our", "FotoFetch Corporation") provides a software-as-a-service solution available anytime, anywhere, on any device. This Privacy Policy describes how we collect, use, and share your data when you visit FotoFetch Corporation websites, including fotofetch.com and app.fotofetch.com. This Privacy Policy is provided to help you understand how we process your data. This Privacy Policy is designed to be read in connection with FotoFetch Corporation’s Terms of Service, Customer Terms of Use and Photographer Terms of Use. By accessing or using our Websites (as defined herein), you agree to be bound by the Terms of Service, Customer Terms of Use and Photographer Terms of Use.

IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT USE THE WEBSITES.

Effective January 01, 2021

This Privacy Policy applies to you if you are: (i) an "End User" accessing and using FotoFetch Corporation, including the fotofetch.com website and web-based application (the "Websites"). References to "user", you" and "your" refer to any End User, as applicable.

What is FotoFetch Corporation?

FotoFetch Corporation simplifies the task of acquiring bespoke commercial photos and videos for our customers. They reach out to us with a photo or video request and we take care of fulfilling that request end to end.

Why do we collect Information on the Websites?

When you visit the Websites, we automatically collect information about your computer or device and your use of the Websites to understand how to improve our Websites. We also collect any information you voluntarily provide when you visit the Websites to learn more about FotoFetch Corporation and its products, sign up for FotoFetch Corporation and its services and products, make or receive payments, or apply for employment at FotoFetch Corporation. The type of information collected will depend on your request.

What Information does FotoFetch Corporation collect on the Websites?

When you visit the Websites, we collect and store information about you and your computer or device in log files. This information may be shared with third parties who help us analyze overall activity trends for analytics purposes and maintain the Websites. We may receive reports based on the use of these technologies from these companies on an individual or aggregated basis. For more information about cookies and tracking pixels, and how to disable them, please see “End User Choice and Opt Out” below, and learn more about how to control your data via Google Analytics.

Here are the different categories of information that may be collected from your device by the Websites, or by partners, affiliates, and other vendors acting on our behalf:

  • The type of browser you used to access the Websites
  • The times you accessed the Websites
  • The IP address of the device you used to access the Websites
  • The pages on the Websites that you viewed
  • The pages you visited before navigating to the Website(s).
  • Information about the computer or mobile device you use to access the Websites, including hardware model, operating system and version, and mobile network information.
  • When you download our mobile application, we may receive a unique identifier or information about your location.

How do we Use Information collected on the Website?

We use the information we collect on the Websites for various purposes, including:

  • Ensuring our Websites remain relevant to end user needs and are easy to use by providing analytics and other data regarding use of our Websites.
  • Sending marketing and promotional communications in compliance with applicable laws.
  • Enhancing, improving, or modifying our Websites and services, enhancing security, monitoring and verifying identity or service access, or combatting spam or other malware or security risks.
  • Identifying usage trends, determining the effectiveness of our marketing and promotional campaigns and expanding our business offerings.
  • Providing confirmations, invoices, technical notices, updates, security alerts, as well as all other support and administrative messages involved in your request or purchase of FotoFetch Corporation products and services.
  • Alerting you to new products, special offers and promotions that may be offered by FotoFetch Corporation and our selected partners.
  • Processing your payment for enrolled FotoFetch Corporation products and services.
  • Keeping you informed about FotoFetch Corporation promotional events such as webinars.
  • Contacting you regarding an open position at FotoFetch Corporation for which you had previously applied. If you wish to share a FotoFetch Corporation job post with your friend, we will collect their name and email address to send them a one-time email inviting them to view the invite. We do not store this information for any reason.

Do third parties see and/or have access to information obtained by the Website?

Except as described in this Privacy Policy, FotoFetch Corporation will not share personally identifiable information collected on the Websites with other people or non-affiliated companies unless we have your consent, or under the following circumstances:

  • with third party vendors, consultants and other service providers who work for us and need access to your information to do their work such as providing customer support, processing payments, and storing data (e.g. Amazon Web Services). Any third-party vendor so used has agreed to protect the confidentiality of information provided by FotoFetch Corporation;
  • to protect the rights and property of FotoFetch Corporation, our agents, customers, users, and others including to enforce our agreements, policies and terms of use;
  • if required to do so by law, such as to comply with a subpoena, or court order or in the good-faith belief that such action is reasonably necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • as part of any merger, acquisition, debt financing, or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which information could be transferred to third parties as one of the business assets of the company.

We may also share aggregated or anonymized information in a form that does not directly identify you or any end users with any third parties.

When processing certain information, such as payment information with affiliated banking institutions or payment processors, we encrypt the transaction, using Secure Socket Layer (SSL) encryption technology, in order to prevent your information from being stolen or intercepted.

Links to Third Party Sites

Our Website includes links to other websites whose privacy practices may differ from those of FotoFetch Corporation. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

End User Choice and Opt-Out on the Websites

Publications

If you no longer wish to receive FotoFetch Corporation publications (e.g. newsletters, blog digests), you may opt out using the unsubscribe link located at the bottom of each communication. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations. We will respond to your opt out request to access within a reasonable timeframe.

Advertising

We partner with third parties to display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites to provide you advertising based on your browsing activities and interests.

You may opt-out by visiting the website of that specific partner:

  • Facebook
  • Google
  • LinkedIn

Security of your Personal Information

We use reasonable efforts including a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at: security@ExampleDomain.com

Data Retention, Use, Access, Corrections and Removal

We will retain your information for as long as your account is active or as needed to provide you FotoFetch Corporation services. If you wish to access, amend, correct, remove, or limit use of your information, contact our customer support department.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, unless a longer retention period is required or permitted by law.

Children

We do not knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact customer support department. We will delete such information from our files within a reasonable time.

Changes to this Policy

FotoFetch Corporation may find it necessary to update this Privacy Policy from time to time. Please check this Privacy Policy, as any changes will be posted on this site. We will indicate the last date of material revisions at the top of the policy.

Your Consent

By using our Websites, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

Third-Party Content

Our Websites complies with the Digital Millennium Copyright Act. If you reasonably believe your copyrighted work has been used or posted by a third party without your authorization, you may contact us at the email address listed below.

Do Not Track

Our Websites do not comply with Federal Do-Not-Track legislation because we do not believe it accurately reflects the desires of our users. If you would like to know more about what we collect and how we track you, please contact us at the email address listed below.

Special Notice for California Residents

If you are a California resident, you are entitled to know once a year what information, if any, we shared with other businesses and for what purpose. Please request this information by contacting us at the email address listed below.

Questions

If you have any questions regarding this Privacy Policy while using our Websites, or have questions about our practices, please contact Support.

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This contract is a binding, legal document between FotoFetch Corporation, its subsidiaries and affiliates (collectively, “FotoFetch,” “We,” “Us”), and you governing the use of our websites and our services. This contract supplements and is made in conjunction with FotoFetch’s Terms of Service and Privacy Policy to which you explicitly agree...

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CUSTOMER TERMS OF USE

This contract is a binding, legal document between FotoFetch Corporation, its subsidiaries and affiliates (collectively, “FotoFetch,” “We,” “Us”), and you governing the use of our websites and our services. This contract supplements and is made in conjunction with FotoFetch’s Terms of Service and Privacy Policy to which you explicitly agree.

1. GENERAL

FotoFetch provides its website and services (collectively, the “Services”) to you under this Customer Terms of Use and corresponding Terms of Service and Privacy Policy. By accessing, registering for or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Customer Terms of Use” or this “Agreement”) and all applicable laws.

You are only allowed to use our Services if you agree to our Customer Terms of Use and corresponding Terms of Service and Privacy Policy. If you do not agree to these documents, you must not access our websites or use our Services.

2. AGE REQUIREMENT

Our Services require that all users are old enough to form a binding, legal contract with FotoFetch (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Customer Terms of Use, the Terms of Service and the Privacy Policy with your parent or guardian to understand the rules of conduct that correspond with the FotoFetch Services. FotoFetch does not permit any user under the age of 13 to create an account.

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.

By accessing our websites and using our Services, you acknowledge and agree that FotoFetch may keep a record of activities or content in connection with the Services. FotoFetch may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: comply with the law or legal process; enforce these Customer Terms of Use; respond to claims that the activities in connection with the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of FotoFetch, Service users, or the public.

4. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES

hese Customer Terms of Use and corresponding Terms of Service and Privacy Policy apply to all Services and extend to all of our users. Our Services may contain links to third party websites and services that are not owned or controlled by FotoFetch and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using the FotoFetch website and Services, you specifically release FotoFetch from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.

5. MODIFICATION OF TERMS

FotoFetch reserves the right to update or modify these Customer Terms of Use and corresponding Terms of Service and Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the appropriate links. If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. It is your responsibility to regularly visit and review this Agreement and the Terms of Use and Privacy Policy. If you do not agree to modifications to this Agreement, the Terms of Service or the Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revisions to this Agreement, the Terms of Service or the Privacy Policy signifies to us that you acknowledge and agree to be bound to the revisions.

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

FotoFetch simplifies the task of acquiring bespoke commercial photos and videos for our customers by engaging photographers to fulfill the customer requests. If you choose to use the Services, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for the legal rights of users connected with FotoFetch. By using the Services and submitting photographs and/or videos, you understand that the photographs and/or videos are subject to this Agreement, the Terms of Use, and the Privacy Policy.

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 username 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. NON-EXCLUSIVE LICENSE TO PHOTOGRAPHS AND/OR VIDEOS

FotoFetch hereby grants to You, and You hereby accept from FotoFetch, the non-exclusive, worldwide right and license (the “License”) to use the copyrighted material embodied in the photographs and/or videos you request and FotoFetch delivers through the Website. The License shall include the authority to prepare derivative works based on the photographs and/or videos.

In consideration of the License, You shall pay to FotoFetch, a royalty payment to be determined prior to delivery of the photographs and/or videos. FotoFetch will send you an invoice for the royalty payment containing payment information and terms and conditions of payment.

To the extent that it is commercially practicable, You shall affix the relevant year and copyright notice on all reproductions of the licensed photographs and/or videos.

You acknowledge FotoFetch’s exclusive right, title, and interest in and to the copyrights embodied in the photographs and/or videos, and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of such right, title, and interest. You shall not in any manner represent that it has any ownership in the copyrights, and You acknowledge that licensed use of the copyrights shall not create any additional right, title or interest.

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:

COPYRIGHT AGENT

FOTOFETCH

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

When you sign up for an Account with FotoFetch, you are required to give us true, accurate, current and complete information about yourself in all required fields of our registration form. For details on the types of data we collect for Accounts, please visit our Privacy Policy.

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 to use our Services only for purposes that are legal, proper and according to this Agreement, the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.
  • 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.

13. INDEMNIFICATION

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;

    c. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or

    d. 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 FOTOFECH 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.

20. NOTICE

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.

21. MISCELLANEOUS

a. Entire Agreement

This Agreement, the Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and FotoFetch and govern your use of the Services, superseding any prior agreements between you and FotoFetch for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting FotoFetch’s liability will survive the expiration or termination of this 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.

c. Assignment

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

If you have any questions regarding FotoFetch, this Agreement, our Privacy Policy, or any other additional information, please email us at: support@fotofetch.com

To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of this page.

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This contract is a binding, legal document between FotoFetch Corporation, its subsidiaries and affiliates (collectively, “FotoFetch,” “We,” “Us”), and you governing the use of our websites and our services. This contract supplements and is made in conjunction with FotoFetch’s Terms of Service and Privacy Policy to which you explicitly agree...

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PHOTOGRAPHER TERMS OF USE

This contract is a binding, legal document between FotoFetch Corporation, its subsidiaries and affiliates (collectively, “FotoFetch,” “We,” “Us”), and you governing the use of our websites and our services. This contract supplements and is made in conjunction with FotoFetch’s Terms of Service and Privacy Policy to which you explicitly agree.

1. GENERAL

FotoFetch provides its website and services (collectively, the “Services”) to you under this Photographer Terms of Use and corresponding Terms of Service and Privacy Policy. By accessing, registering for or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Photographer Terms of Use” or this “Agreement”) and all applicable laws.

You are only allowed to use our Services if you agree to our Photographer Terms of Use and corresponding Terms of Service and Privacy Policy. If you do not agree to these documents, you must not access our websites or use our Services.

2. AGE REQUIREMENT

Our Services require that all users are old enough to form a binding, legal contract with FotoFetch (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Photographer Terms of Use, the Terms of Service and the Privacy Policy with your parent or guardian to understand the rules of conduct that correspond with the FotoFetch Services. FotoFetch does not permit any user under the age of 13 to create an account.

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.

By accessing our websites and using our Services, you acknowledge and agree that FotoFetch may keep a record of activities or content in connection with the Services. FotoFetch may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: comply with the law or legal process; enforce these Photographer Terms of Use; respond to claims that the activities in connection with the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of FotoFetch, Service users, or the public.

4. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES

These Photographer Terms of Use and corresponding Terms of Service and Privacy Policy apply to all Services and extend to all of our users. Our Services may contain links to third party websites and services that are not owned or controlled by FotoFetch and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using the FotoFetch website and Services, you specifically release FotoFetch from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.

5. MODIFICATION OF TERMS

FotoFetch reserves the right to update or modify this Photographer Terms of Use and corresponding Terms of Service and Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the appropriate links. If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. It is your responsibility to regularly visit and review this Agreement and the Terms of Use and Privacy Policy. If you do not agree to modifications to this Agreement, the Terms of Service or the Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revisions to this Agreement, the Terms of Service or the Privacy Policy signifies to us that you acknowledge and agree to be bound to the revisions.

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

FotoFetch simplifies the task of acquiring bespoke commercial photos and videos for our customers by engaging photographers to fulfill the customer requests. If you choose to use the Services, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for the legal rights of users connected with FotoFetch. By using the Services and submitting photographs and/or videos, you understand that the photographs and/or videos are subject to this Agreement, the Terms of Use, and the Privacy Policy.

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:

COPYRIGHT AGENT

FOTOFETCH

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

When you sign up for an Account with FotoFetch, you are required to give us true, accurate, current and complete information about yourself in all required fields of our registration form. For details on the types of data we collect for Accounts, please visit our Privacy Policy.

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 to use our Services only for purposes that are legal, proper and according to this Agreement, the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.
  • 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.

13. INDEMNIFICATION

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.

20. NOTICE

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.

21. MISCELLANEOUS

a. Entire Agreement

This Agreement, the Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and FotoFetch and govern your use of the Services, superseding any prior agreements between you and FotoFetch for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting FotoFetch’s liability will survive the expiration or termination of this 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.

c. Assignment

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

If you have any questions regarding FotoFetch, this Agreement, our Privacy Policy, or any other additional information, please email us at: support@fotofetch.com

To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of this page.

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