Login: Password: Not a member yet? Sign in for FREE!
 
 
 
 
       
  Gallery Forums Members Meetings Trips About
     
About > Terms Of Service
General and applicability
  1. These terms of service are applicable to all services provided by the Site. These terms of service set out the legally binding terms of the use of the Site's services. By registering as a member you agree to be bound by these conditions of use. You are entitled to use the Site's services only if you agree to adhere to all applicable legislation and to these conditions of use. If you register and wish to make use of the Site's services, you must read this contract and declare your agreement to it in the course of the registration process.
  2. In order to be valid, any variations from the terms of service require our written consent. This also applies to any waiver of the written form requirement.
  3. Even where known to us, any varying, contradictory or supplementary terms of service shall not form any part of the contract unless we specifically agree in writing to their validity.
Subject matter and duties
  1. The services provided by the Site enable photos to be stored on a Web server and placed on the Internet. A password-protected area is provided for this, along with an open area that is accessible to all Internet users. The Site also enables every member to create their own photographer profile, to contribute to discussions on photos, to make use of the internal messaging system and to take part in forums and other activities.
  2. Users have to register in order to be able to use the services.
  3. The Site offers a "basic account" as the base-level service. The base-level service is limited to an upload volume of 120 photos and is available to members free of charge.
  4. The Site also offers a "premium account" as an upgrade-level service. The upgrade-level service has an unlimited amount of uploaded photos and enables you to sell your photos to any Internet user.
  5. Both accounts, "basic" and "premium", allows you to post one photo per 24 hour period.
  6. The Site reserves the right to make changes to the service.
  7. The Site's services enable external websites to link to the publicly accessible content. Such linking is expressly permitted by the Site, albeit with the proviso that the web pages from which the links are made are linked with the appropriate page on the Site.
Registration and password
  1. By registering for and making use of the Site's services you declare and guarantee that:
    - All of the registration information you have submitted is truthful and accurate;
    - you will also ensure that this information remains correct in the future;
    - you are at least 14 years old; and
  2. Your use of the Site's services does not breach any applicable laws or regulations.
  3. In the event of any breach of these obligations, the Site shall be entitled to delete the user's profile and to terminate his or her membership without notice.
  4. When you register as a user you are requested to pick a password. You alone are solely responsible for keeping your password secret. You also agree to inform the Site immediately if you suspect any unauthorized use of your account or access to your password. You alone are responsible for all use of your account.
Content copyright
  1. The Site claims no rights of any kind to the texts, files, images, photos, videos, sounds, musical works, copyright works or other material provided and published by users (together referred to as 'content'). After you provide or publish such content using the Site's services, all rights to this content remain with you and you can continue to do with this content as you will. By providing or publishing content via the Site's services you are granting the Site a limited license to use this content on the Site's services, to modify it, to present and/or display it to the public at large.
  2. No payment shall be made for this license. It can be sub-licensed, is global and non-exclusive. If you delete your content from the Site, this license loses its validity. The license does not give the Site the right to sell the content nor to disseminate it other than via the Site's services.
  3. You declare and guarantee that:
    - You own the content you are publishing via the Site's services or are otherwise entitled to grant the license defined in this section; and
    - The publication of said content via the Site's services does not breach the data protection rights, copyright, contractual rights or any other rights of any third party.
  4. You agree to pay all fees and other payments that you owe to anybody through publishing content via the Site's services. You also undertake to indemnify the Site from any and all third-party claims arising from these rights.
  5. The Site's services cover content from all the Site members. With the exception of the content published by you, you are not allowed to copy, modify, translate, publish, transmit, market, present, display, sell or in any other way illegally use content provided via the Site's services.
  6. No publication, modification, marketing or reproduction of any copyright protected content, trademarks or other protected information is permitted without first obtaining the written consent of the holders of said copyright. The Site shall be entitled to terminate without delay the membership of any members who repeatedly infringe the copyright of other parties.
Content
  1. The Site shall at its sole discretion be entitled to delete any and all content that is in breach of this contract or is offensive, illegal or unlawful and may harm anybody or threaten their safety. The Site shall not be responsible for monitoring its services for inappropriate content or behavior. Even if the Site decides at its own discretion to monitor its services, it shall be responsible neither for the content, nor for the modification or deletion of inappropriate content nor for the conduct of the members publishing such content.
  2. You are solely responsible for the content that you publish via the Site's services, for all material and information that you pass to other members and for your interaction with other members. The Site does not approve this content and has no control over it. Content is not necessarily checked by Site prior to publication and does not reflect the Site's views and principles. The Site gives no guarantee, neither explicitly nor implicitly, for the content or for the accuracy and reliability of content, material or information that you pass on to other members.
Prohibited content
  1. Examples are listed below of types of content that are illegal or that may not be published via the Site's services. The Site reserves the right to check anything that in its sole estimation is in breach of this provision and to take appropriate legal measures, including but not limited to deleting offensive messages from its services and ending the offender's membership. While the list is not exhaustive, the following content in particular is regarded as banned:


    • Content that is overtly offensive and supports racism, fanaticism, hatred or physical violence of any kind against any group or individual.
    • Content that harasses another person or assists in harassment.
    • Content that supports sexual or violent exploitation.
    • Content that includes nudity and/or violent or offensive images or a link to any adult website.
    • Content that encourages minors to give out their personal details.
    • Content that provides telephone numbers, addresses, surnames, URLs or e-mail addresses.
    • Content that aids the dissemination of information that is inaccurate or misleading and encourages illegal activities or conduct that is abusive, threatening, obscene, defamatory or slanderous.
    • Content that aids in the illegal or unauthorized copying of other people's copyright protected work, e.g. through the provision of illegal computer programs or links to such programs, of information on circumventing manufacturers anti-copying safeguards, of illegal music copies or of links to such copies.
    • Content that incorporates the sending of junk mail, 'chain letters or unsolicited mass mailings, instant messages, or spamming.
    • Content that includes pages or images that are hidden or restricted and only accessible with a password (and are not linked to other accessible pages).
    • Content that supports criminal activities or intent or includes instructions on illegal activities, including but not limited to the production or purchase of illegal weapons, the infringement of data protection provisions or the preparation or development of computer viruses.
    • Content that encourages other members to supply their passwords or personal details for commercial or unlawful purposes.
    • Content that includes commercial activities and/or sales without our prior written agreement, e.g. contests, draws, bartering, advertising or pyramid selling.
    • Content that contains any person's photograph that has been published without that persons agreement.


  2. The Site reserves the right at its own discretion to decline to publish content or to delete already published content or to restrict, suspend or terminate, in part or in whole and without prior notice, access to its services.


  3. The deletion of a photo or the termination of an account is open to an appeal procedure. Only after a ruling about the appeal are the deletion and the termination final. An advisory board (formed by 5 members) will be installed that advises the site administration in these kind of affairs. The site administration ultimately retains the responsibility and the right to act as is sees fit.
Prohibited activities
  1. Prohibited activities are such activities as are illegal or that are not permitted to be published via the Sites services. The Site reserves the right to make checks on anyone who in its sole estimation is in breach of this provision and to take legal measures, including but not limited to reporting the offender to the police. Prohibited activities include, but are not limited to, the following:

    • Criminal or illicit actions, including child pornography, fraud, trading in obscene content, drug dealing, gambling, harassment, stalking, spamming, spreading viruses and other harmful files, copyright infringements, breaches of patent or theft of trade secrets.
    • Disrupting, interrupting or overloading the Sites services.
    • Using another members account, user name or password.
    • Using Sites services in any way that contravenes the then prevailing laws and regulations.

  2. The Site reserves the right at its own discretion to decline to publish content or to delete already published content or to restrict, suspend or terminate, in part or in whole and without prior notice, access to its services.
Term and termination
  1. These terms of service apply from the start of the registration process.
  2. You may terminate membership at any time.
  3. The Site is entitled to terminate your membership without giving any reason.
  4. Otherwise the termination rights set out in this contract shall apply. In extreme circumstances the right also exists to immediate termination as per statutory provision.
Alterations to the conditions of use
  1. The Site reserves the right to make changes to these conditions of use.
  2. Any such changes shall come into force as soon as they are published by the Site on the website. The Site members will be notified by e-mail of any amended conditions of use. If you do not agree to any such changes to the conditions of use, you have the right to terminate your membership with the Site. If after the expiry of at least one month after notification of the changes you continue to use the Sites services, you agree to be bound by these contractual amendments.
Warranty
  1. The Site accepts no responsibility for any malfunction, failure, interruption, deletion, defect or delay in the operation of the service or transfer of content nor for communication line outages or unauthorized access to or theft, destruction or alteration of members content. The Site shall not be responsible for any problems or technical faults related to telephone networks or lines, to online systems, to servers or providers, to computer equipment or software, nor for any failure of e-mail or players due to technical problems or data bottlenecks on the Internet and/or in any of Sites services or any combination hereof.
  2. The Sites services are provided on an as is and available basis. Site gives no warranty that its services will always be provided without interruption, free of faults and in a reliable and timely manner. The Site does not provide any warranties for the suitability of its services for any given purpose nor for any service failures. Further, the Site does not guarantee or promise any specific results from utilizing its services. Your right to cancel the contract is not affected by this exclusion of warranties.
Backing up data
It is not the purpose of the Sites services to act as a back-up copy of the content. The Site specifically advises members always to keep a back-up copy of their content on a suitable storage medium. The Site shall not be liable for any loss of content data.
Limitations of liability
  1. We shall not be liable save where we have caused a loss willfully or through gross negligence.
  2. The aforementioned limitations of liability do not affect the members rights arising from product liability. Further, the limitations of liability do not apply in the event of any bodily harm or impairment to health attributable to us nor in the event of loss of life.
  3. Insofar as such negligence affects the breach of contractual duties, adherence to which is of particular importance to achieving the purpose of the contract (i.e. cardinal duties), the liability for losses caused by the Site through simple negligence shall be limited to such losses as are foreseeable and typically associated with a contract of this type.
  4. These limitations of liability shall also apply insofar as the liability for the Sites legal representatives and agents is concerned.
  5. The Site accepts no responsibility for any erroneous or incorrect content provided via its services. Profiles that members create and publish on the Site website can contain links to other Sites. The Site is not responsible for the content, the accuracy or the opinions represented on such websites. These Sites are not monitored or checked by the Site in any way for accuracy or omissions. The presence of linked websites within the Sites services is not to be taken as any form of approval or recommendation of said Sites by the Site. Users access such Sites at their own risk. The Site is not responsible for its members conduct.
Data protection
We are entitled as provided for by the United States Data Protection Act to store and process data about our members obtained in relation to or in connection with our business relationship to them.
Final provisions
  1. The law of the State of California, United States of America, applies.
  2. If the member is a sole trader, a corporate entity or a special public body, exclusive jurisdiction for any and all disputes arising from this contract shall rest with the courts of the city in which our registered office is located. The same shall apply if the member has no general jurisdiction in the State of California or if his or her home or usual place of residence at the time of taking legal action is unknown.
  3. In order to be valid all agreements are required to be in written form. Any amendments to the agreements also need to be in written form in order to be valid. This also applies to any waiver of the written form requirement. No verbal side agreements exist.
  4. Should any individual provisions of the contract with the member, including these terms of business, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.
Copyright Photofolia 2009/ 2010 - All Rights Reserved. Best viewed at 1024x768 or higher resolution.
All digital photo copyrights belong to the photographers and may not be used without permission.
 Green Web Hosting