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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