Photo.net was created so that photographers would have an online
community where they can share their interest in photography and learn
from one other. Photo.net grew out of a need to avoid the un-moderated
garbage that was filling up USENET and similar discussion groups. The
goal of our community is that after someone uses our site, he or she
says, "I got some good answers to my question at photo.net." Comments
posted to the site should be either in the form of sincere questions
or responsive answers; otherwise they are not likely to be useful. To
that end, from time to time site submissions may be deleted, edited,
moved, or otherwise changed in order to maintain the direction and
tone that has been established for the site.
We encourage the sharing of ideas and opinions on the topic of
photography, but photo.net is not an "anything goes"
website. Photo.net users come from all locations and backgrounds, and
have diverse thoughts, beliefs, and feelings. Keep this in mind when
you participate in the community, and treat others with respect.
Postings that attack another person's motivation, intelligence, or
character degrade the quality of the discussion and discourage
thoughtful comments by others. There are many places on the internet
where you are welcome to have moral or political arguments, however,
in almost every case, photo.net is not one of them.
Neither is this community a place for you to harass, abuse, threaten,
or otherwise bother other members, and it's not a place for you to do
anything illegal. We don't want to kick you out of the community, but
if you do any of these things, we will. So don't do them.
We respect our users' intellectual property, and claim no copyright to
anything posted on the site by our users. However, as a stipulation of
using photo.net, we retain the right to keep and display anything
posted by users on photo.net as part of the site indefinitely. If you
are not prepared to accept this, please do not upload or contribute
anything to photo.net.
Pretty simple, right? For the longer, wordier version of these
standards, see below. Also, I encourage all users to familiarize
themselves with our Community
-Josh Root, Photo.net Director of Community
By visiting or using this website, www.photo.net, owned by NameMedia,
Inc., including all content and functionality available through the
photo.net domain (collectively, the "Site" or "photo.net", "we", or
"us", as appropriate), you agree to be bound by the following Terms of
acceptance of the Terms, each time you use the Site, you consent to
photo.net's collection, use and disclosure of your information or
agree to follow our existing "Community Guidelines" found HERE, and any future Guidelines that we
may issue. These Guidelines are published on photo.net and
incorporated into the Terms by
any applicable Community Guidelines that are issued now or in the
future. The Terms apply to all visitors and users of the Site,
including users who contribute content or information and subscribers
to other services on the Site. The Terms also apply to individuals or
entities on whose behalf a user accesses the Site. If you do not agree
to the Terms, do not use the Site.
We may revise, modify or change the Terms at any time at our sole
discretion with or without notice. Your continued use of the Site
after we post changes to the Terms constitutes acceptance of the Terms
as modified. It is your responsibility to regularly review the Terms.
User Content; Posting on Forums, Photo Galleries and Other
Photo.net includes information, images, photos, commentary, content,
opinions and material that our users upload ("User Content"). You
agree to upload and post only User Content that you have created yourself. Photo.net is
not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to User Content. We don't test or
verify any User Content on the Site. While we do not knowingly accept
User Content that violates another's rights, we are not responsible if
You are responsible for your own User Content, whether posted in the
chat rooms, forums, photo galleries or other public posting areas on
the Site. You agree to conform to Site polices and guidelines
concerning the size, length, format, subject, content, and relevancy
of User Content. Submitting User Content that violates our rules or
any applicable local, national or international laws or regulations is
not acceptable, and may subject you to sanctions, including
termination of your user rights.
User Content may include nude photos or other images or material that
an individual might find offensive, indecent and/or objectionable.
We will determine, in our sole discretion, whether User Content
containing nudity is acceptable. Our decision is final even if an
individual user disagrees with our judgment. We reserve the right
(but assume no obligation) to edit, redact or delete User Content that
we consider unacceptable or inappropriate, or for any other reasons,
which we need not disclose, at our discretion and convenience. When
removing images that are contained in User Content, we may remove only
the images to which we object, all the images in a folder, or all the
images in the User's portfolio, at our convenience and discretion.
User Content may be, and often is, edited. Our editors and moderators,
most of whom are volunteers, strive to highlight User Content that we
determine to be most interesting or useful to our user community. We
reserve the right to edit, redact or delete any User Content that you
upload to the Site, at our sole discretion. Photo.net also contains
material from experts, organizations and advertisers ("Third Party
Content"). Photo.net is not responsible for the accuracy, reliability
or usefulness of Third Party Content.
Intellectual Property Rights
Photo.net owns all rights to the Site, its services, the technology,
information, documents, files, webpages and other product developed in
connection with the Site or available on the Site.
Submitting User Content to any area of the Site does NOT transfer
ownership rights. You retain the ownership rights to your User
Content. By submitting User Content, however, you give certain limited
rights to both photo.net and other photo.net users.
You grant to other photo.net members permission to download a copy of
images contained in your User Content, to make such alterations and
markups for the purpose of commentary as they see fit, and to attach
the modified images to their comments on your User Content. You also
grant other Site users the right to quote your User Content in their
own postings on the Site.
Second, you grant photo.net the right to edit, modify, quote, or
reformat your User Content on the Site. You also grant us a perpetual
non-exclusive worldwide royalty-free license to use, reproduce, adapt,
publicly perform and publicly display your User Content on the Site
and to promote the Site.
Other than User Content or Third Party Content, we, and/or our
software suppliers, own or license all text, graphics, logos, icons,
images, photographs, audio clips, video clips, digital downloads, data
compilations and software and such content is protected by U.S. and
international copyright and other intellectual property rights.
Photo.net's selection, coordination and arrangement of content on the
Site are the exclusive property of photo.net, and are protected as a
compilation by U.S. and international copyright laws. All software
used on the Site or in conjunction with its operation is the property
of photo.net and/or its software suppliers and is protected by
U.S. and international copyright laws.
Conduct of Users
Your right to access and use the Site is subject to the following
You may not use the Site to advertise products or services, to solicit
users to buy or sell products or services, or to make donations of any
kind, without first obtaining the express written approval of
photo.net. The only exception to this rule is that private parties may
use the classified section to sell personal property.
You may not reproduce or distribute, or cause to be reproduced or
distributed, any image or material that you retrieve from the Site,
without the express prior permission of both photo.net and, in the
case of copyrighted materials, the copyright owner, except for such
reproduction as occurs in the ordinary course of viewing or commenting
on others' User Content using a web browser in accordance with
photo.net's guidelines and the Terms.
You may not use the Site to violate anyone's copyright, trademark,
intellectual property rights, or privacy rights. The User Content that
you submit must be your work in its entirety.
You may not use or launch any automated system, including "robots,"
"spiders," or "offline readers," that access the Site in a manner that
sends more request messages to the our servers in a given period of
time than a human can reasonably produce in the same period by using a
conventional on-line web browser.
From time to time, you may have access to other users' email
addresses. You may not gather these email addresses for purposes of
spamming or for any purpose other than personal communication. You
agree not to collect or harvest any personally identifiable
information, including account names, from the Site, nor to use the
communication systems provided by the Site (e.g. comments, email) for
any commercial solicitation purposes.
You may not post obscene, pornographic, degrading, harassing or
humiliating User Content on the Site. Please refer to our Community
Guidelines for further explanation of what is acceptable in this
regard. You may not post or transmit any false, defamatory, abusive,
threatening or illegal User Content or User Content that infringes on
the rights of others or the ability of others to enjoy the Site. We
have the right to determine, in our sole discretion, whether User
Content violates these restrictions or is otherwise unfit for the
Site. We have the sole right to delete, modify or edit any such User
Content that you upload to the Site.
Failure to abide by these restrictions may result in sanctions
including termination of your user privileges on photo.net and
cancellation of your account, as well as legal sanctions, if
User Accounts; Security
As a User, you must create an account to access certain features of
the Site. You are responsible for making sure that your account is
accurate and up-to-date, particularly if you change email
providers. If you forget your password and do not have access to the
email account that we have on file for you, you may not be able to
gain access to your photo.net account. You are also responsible for
maintaining the confidentiality of your password and account. You are
responsible for all activities that occur on your account, whether or
not you authorize them
You acknowledge that we rely on your email address to keep you
apprised of certain information on the Site. If we attempt to contact
you and find that your email address is inoperable, your photo.net
be suspended. You are responsible for
keeping your email address accurate and up-to-date.
You agree to manage your account in a safe and reasonable manner. You
agree to notify photo.net immediately of any unauthorized use of your
password or account, or any other breach of security. You expressly
agree that photo.net will not be liable for any loss or damage arising
from your failure to comply with these requirements.
We use all reasonable security measures to protect the loss, misuse
and alteration of the information under our control. Although we make
a good faith effort to store the non-public information collected by
the Site in a secure operating environment that is not available to
the public, we cannot guarantee complete security. Further, while we
make every effort to ensure the integrity and security of our network
and systems, we cannot guarantee that our security measures will
prevent third-party "hackers" from illegally accessing the Site.
If you live outside the United States, you understand and agree that
photo.net stores and processes your information on computers located
in the United States, and by providing any data to photo.net, you
consent to the transfer of such information to the United States.
Third Party Websites
The Site contains links to third party websites that we do not own or
control, including sites that may appear within User Content.
Photo.net does not review or edit the content of any third party
links, and photo.net has no control over what happens at any third
party website. Photo.net assumes no responsibility for the content,
policies or practices of any third party websites. You expressly
agree to release photo.net from any liability that arises from your
use of a third party website.
Subscriptions and Paid Services
Certain of our services are available for a fee to subscribers. We use
a third party payment processor to process your financial information
through a link on the Site. Our subscription program may be altered,
revised or modified at any time, with or without notice. If we change
a subscription program, we will endeavor to provide subscribers with
comparable services for the duration of their subscription period. If
your subscription is terminated by you or us for any reason, you will
not receive a refund of any subscription fees.
Digital Millennium Copyright Act
If you believe that any content on the Site infringes upon your
copyrights, including but not limited to User Content, you may submit
a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing:
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
Identification of the copyrighted work or works claimed to have
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if
available, an electronic mail;
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly
Photo.net's designated Copyright Agent to receive notifications of
claimed infringement is: Hannah Thiem, DMCA Agent, 230 Third Avenue,
Waltham, MA 02451, U.S.A. You acknowledge that if you fail to comply
with all of the requirements of this Section, your DMCA notice may not
Legal Age; Ability to Accept Terms
The photo.net website is not intended for children under the age of
18. By using the Site, you affirm that you are at least 18 years of
age, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties
set forth in the Terms and agree to comply with the Terms. If you are
under 18, please do not post User Content or otherwise use this Site.
From time to time, photo.net uses its users' email addresses to send
the email notices about matters relating to the Site. Users are
responsible to keep email addresses current. Photo.net shall not be
responsible for any failure of notice due to an out-of-date email
Photo.net reserves the right to terminate your account or your access
to and use of Photo.net's services at any time, at photo.net's sole
discretion for any reason, with or without cause. If you violate these
Terms, photo.net, in its sole discretion, may also require you to
remedy any violation of the Terms, and/or take any other actions that
we deem appropriate to enforce our rights and pursue all available
remedies. We shall not be liable to you or any other person if we
terminate your account or your access to or use of the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY PHOTO.NET ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PHOTO.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTO.NET AND
NAMEMEDIA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW,
PHOTO.NET AND NAMEMEDIA DISCLAIM ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE
AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR
OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
PHOTO.NET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PHOTO.NET OR NAMEMEDIA BE LIABLE ON
ACCOUNT OF YOUR USE OR MISUSE OF THE PHOTO.NET WEBSITE OR THE
SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
PHOTO.NET WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PHOTO.NET
WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE PHOTO.NET WEBSITE OR
THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. PHOTO.NET CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF
PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM PHOTO.NET OR THROUGH OR FROM THE PHOTO.NET WEBSITE OR THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
You agree to indemnify and hold photo.net and NameMedia, its
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, employees, volunteer editors, volunteer moderators, service
providers, and suppliers harmless from any dispute that may arise from
your breach of the Terms or violation of any representations or
warranties contained in the Terms. You also agree to hold said parties
harmless from any claims and expenses, including reasonable attorney's
fees and court costs, related to any User Content you post on the
Reservation of Rights
You may access photo.net content, including user content, only as
permitted under the Terms. We reserve all rights not expressly granted
in and to the Site. We reserve the right to discontinue any aspect of
the Site at any time.
The Terms and this Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts,
exclusive of its provisions on conflicts of laws. The Terms contain
the entire agreement between you and us and govern your use of the
Site. Name Media may also assign any rights and licenses granted in
the Terms without restriction. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other photo.net.com services, affiliate services, third-party content,
or third-party software. In the case of inconsistencies between the
Terms and any information included in off-line materials, the Terms
shall take precedence. Any claim or dispute with photo.net arising
from your use of the Site shall be decided exclusively by a court of
competent jurisdiction located in the Commonwealth of Massachusetts.
If any provision of the Terms shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from the remaining Terms and shall not affect the validity
and enforceability of any remaining provisions. You understand and
agree that if you have any claim or dispute with the Site or
photo.net, you are required to initiate any cause of action arising
from or related to your use of the Site within one year from the date
that the dispute first occurred. If you fail to bring an action
within that one year period, your claim against the Site and/or
photo.net is permanently barred.