Photo.net Terms of Service
Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://photo.net website (the "Service") operated by PHOTO.NET ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Availability, Errors and Inaccuracies
We regularly update product and service offerings on the Service. We may experience delays in updating information on the Service or its outcome. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may temporarily unavailable or not completely functional, and we cannot guarantee the accuracy or completeness of any information found on the Service. We are not responsible for any service outages and resultant perceived damages due to internal platform or external internet issues.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its ownership, legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
In addition, links may be made to work not your own for the purpose of commentary or exposition. You agree that the original image will not be posted directly to PHOTO.NET and understand that any such visible image content may be removed by PN staff without notice. Displayed video through streaming services is permitted as long as it does not violate any other provision of this agreement.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, publicly display, reproduce, and distribute such Content on and through the Service solely on the Photo.Net website. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
PHOTO.NET has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content developed by PHOTO.NET and its assigns for use on the website platform (such as logos, advertising, promotion) are the property of PHOTO.NET or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You also agree not to falsely use a title or other information that might misrepresent being an Administrator, Moderator, or other PHOTO.NET staff member.
We reserve the right to refuse service, terminate accounts, remove or edit content, or apply moderation actions at our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PHOTO.NET and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PHOTO.NET or its owners and assigns.
Links To Other Web Sites
Our Service may contain links to other offerings from Creative Live and Fiverr—our corporate partners.
PHOTO.NET has no control over, and assumes no responsibility for the content, privacy policies, or practices of any other services or sites.
You acknowledge and agree that PHOTO.NET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any other web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Members at all levels agree not to post prohibited material, engage in personal attacks or attacks against the general membership, or to behave in a way that disturbs the general community. Action is solely at the discretion of the Moderators and Administrators and may vary from a simple warning to a full ban and/or termination.
If you wish to terminate your account, you may simply discontinue using the Service and notify an administrator to delete your information.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PHOTO.NET and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall PHOTO.NET, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PHOTO.NET and its owners, subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significantly material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.