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Terms and Conditions of Use

by Josh Root & the Photo.net Staff, March 1, 2008


Note from the Director of the Community

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 Guidelines.

-Josh Root, Photo.net Director of Community

Terms of Use

  1. Acceptance

    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 Use and to our Privacy Policy, found HERE, which is incorporated by reference into the Terms of Use (the "Terms"). By your acceptance of the Terms, each time you use the Site, you consent to photo.net's collection, use and disclosure of your information or registration data in accordance with our Privacy Policy. You also 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 reference. References to the "Terms" include the Privacy Policy and 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.

  2. User Content; Posting on Forums, Photo Galleries and Other Public Areas

    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 it happens.

    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.

  3. 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.

  4. Conduct of Users

    Your right to access and use the Site is subject to the following prohibitions:

    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 applicable.

  5. 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 account may 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.

  6. 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.

  7. 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.

  8. 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 infringed;
    • Identification of the copyrighted work or works claimed to have been infringed,
    • 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 infringed.

    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 be valid.

  9. 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.

  10. Notices

    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 address.

  11. Account Termination

    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.

  12. 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 OF SERVICE.

    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 RIGHTS.

  13. Indemnity

    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 Site.

  14. 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.

  15. General

    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.

  16. ©2000-2011 NameMedia, Inc. and contributors. Contributed content used with permission.