terms of use

Welcome to Fotolog, Inc.'s ("Fotolog") website located at Fotolog.com and co-branded versions of that website located at URLs that end in the domain name Fotolog.com (collectively, the "Site"). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use ("Terms of Use") set forth below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. THANK YOU.

Introduction

Fotolog offers a wide range of services to its users. Our Site and the materials and services provided thereon (the "Services") are owned and operated by Fotolog. The Terms of Use along with the Fotolog Privacy Policy (the "Privacy Policy") apply to and govern your use of the Site and Services. The Terms of Use and Privacy Policy are collectively referred to as the "Agreement". Before using the Site and Services, please review each document in the Agreement. As used herein, references to "your" or "you" shall include anyone who uses our Site and/or Services, and if you are a member, any authorized user of your account with Fotolog.

Site Use

THE SITE AND SERVICES PROVIDED ON THE SITE ARE DIRECTED ONLY TO PERSONS WHO ARE AT LEAST 13 YEARS OLD. THE SITE AND SERVICES ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY.

All visitors to the site are subject to basic rules of conduct while using and accessing the services. By using the services and accessing this site you agree to:

(a) Refrain from violating applicable federal, state and international laws
(b) Refrain from using the services provided on the site to send unsolicited emails, bulk mail, spam or other materials to users of the site or any other individual or entity;
(c) Refrain from using the services provided on the site to harass, threaten, stalk or abuse users of the site;
(d) Refrain from using the services provided on the site to harm minors;
(e) Refrain from posting content on the site that is obscene, vulgar, harmful or offensive in nature or posting any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of Fotolog or any third party;
(f) Refrain from interfering with others' use of the site;
(g) Refrain from using the services provided on the site to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the site; and
(h) Refrain from using the services to create a false identity or to impersonate another person.

These rules are only the minimum level of conduct that we expect at our Site. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our discretion, to suspend or terminate your right to use the services provided on the Site, if you violate any of the aforementioned rules of conduct or engage in other offensive conduct.

Copyrights, Trademarks and Other Intellectual Property

All content posted by a member is the property of the member that posted such content. All other material and content contained on this Site, including but not limited to copyrights, trademarks, text, graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons and the compilation of all content on this Site, are the property of Fotolog, and are protected by United States and international laws. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written consent of Fotolog and/or the applicable member, except that you may download material available on this Site for your personal, noncommercial use only or as otherwise permitted by law, provided that (a) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices, (b) you make no modifications to the materials and (c) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site.

Except for allowing individuals to use this Site for personal use explained above, users are not granted a license or any other rights from Fotolog, including the intellectual property rights or other proprietary rights of Fotolog or third parties.

Copyright Infringement

If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:

(a) evidence of your authorization to act on behalf of the owner of the copyrighted work;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the alleged infringing material is located on the Site, including the permalink where the material is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(g) your physical or electronic signature.

Posted Content

As part of your use of the Site and Services, you may upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may post (collectively, the "Posted Content") on the Site. You hereby grant Fotolog a right (including any moral rights) and license to use the Posted Content on the Site and to promote and advertise the Site and Services in any way.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

(a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
(b) post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
(c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
(d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
(e) post any chain letter or pyramid scheme; or
(f) post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Fotolog does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. Fotolog does not confirm that each user is who he or she claims to be. Fotolog exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred Fotolog is no way liable for such misuse. Because Fotolog is not involved in user-to-user dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Fotolog from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Fotolog acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If Fotolog becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, Fotolog may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. Fotolog has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. Fotolog expects that you will use caution and common sense when using the Site and Services.

FOTOLOG HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST FOTOLOG FOR SUCH REMOVAL AND/OR DELETION.

FOTOLOG IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that Fotolog has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, Fotolog by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by Fotolog.

Membership and Billing

To access some of our Services you will have to become a member by completing an online registration form. You agree that all information which you submit ("Membership Information") is true and complete, and that you will update your Membership Information to keep this information true and complete.

You have the option of becoming a Gold Camera member (a "GC Member") and enjoying the benefits of membership described on the Site at the time you sign up. If you become a GC Member, you hereby agree to pay the GC membership fee, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable, and abide by the Terms of Use like any other user or member. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to GC Members. We reserve the right to terminate any account (including without limitation Gold Camera accounts) at any time for any reason and without refund.

Please Note: Your Membership will be automatically renewed and you will be automatically billed in accordance with your membership plan and the payment system that you used to create your subscription.

The renewal charge shall be equal to the original membership fee, unless otherwise notified in advance by Fotolog.

GC Member's right to use the site is subject to any limits established by Fotolog or by GC Member's credit card issuer or other payment vendor. If payment cannot be charged to GC Member's credit card or GC Member's charge is returned for any reason, including chargeback, Fotolog reserves the right to either suspend or terminate GC Member's access and account, thereby terminating this agreement and all obligations of Fotolog hereunder.

Passwords and Security

Upon becoming a member of the Site, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to post Posted Content, review information regarding potential and completed transactions and otherwise access and use the Site and Services in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Fotolog from any and all liability concerning such transactions or activity. You agree to notify Fotolog immediately of any actual or suspected loss, theft or unauthorized use of your account or password. Fotolog has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Fotolog will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

Privacy

Please review our Privacy Policy, which governs the use of personal and identifying information on the Site.

Modifications

Fotolog may modify the Agreement (including these Terms of Use and the Privacy Policy, the Services), or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms of Use or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review the Agreement periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms of Use and Privacy Policy in their then-current form each time you use the Site.

Third Party Sites

Users may gain access to third party sites on the Internet from the Site through hypertext or other computer links. Such third party Sites are not within the supervision or control of Fotolog and we do not make any representations or warranties whatsoever about any third party site that is linked to this site. A link to a third party site from this Site does not constitute an endorsement of the products or services offered on such third party site.

Applicable Law

Any disputes arising out of or relating to this Agreement or use of the Site or Services shall be resolved in accordance with the laws of the State of New York, U.S.A., without regard to its conflict of law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the federal or state courts in the City and County of New York, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Fotolog makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Termination

You agree that Fotolog, in its sole discretion, may terminate your use of the Site and Services, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if Fotolog believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. Fotolog may also in its sole discretion and at any time discontinue providing the Site and Services or any part thereof, with or without notice. You agree that any termination of your access to the Site and Services under any provision of this terms of use may be affected without prior notice, and acknowledge and agree that Fotolog may immediately deactivate or delete your posted content and/or bar any further access to such files, the Site or Services. Further, you agree that Fotolog shall not be liable to you or any third-party for any termination of your access to the Services. The terms of use will continue to apply to your past use of the Site and Services. Termination of your access to and use of the Site and Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Fotolog.

Entire Agreement

This Agreement (including the Terms of Use and Privacy Policy), as modified from time to time, constitute the entire agreement between you and Fotolog with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

Disclaimer of Warranties

Use of this Site and the Services is at your own risk. This site and the content therein are provided on an "AS IS" basis. Fotolog does not warrant that the services provided will be uninterrupted or error-free. Fotolog is not responsible for the availability or content of other services that may be linked to this site. Fotolog makes no representations or warranties of any kind with respect to this Site, any services provided on the Site or any information or goods that are available, advertised or sold through this Site. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation On Liability

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT ALLOWED BY LAW, THAT FOTOLOG IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING EMAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF FOTOLOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOTOLOG's LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100) IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

You expressly understand and agree that your use of the Site and Services is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Miscellaneous

In most cases, when we refer to "Fotolog" in the Agreement, we also mean its agents, representatives and employees.

No failure of Fotolog to enforce any of its rights under the Agreement will act as a waiver of such rights.

If any portion of any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect.

Violations

Please report any violations of the Terms of Use.

All rights including trademarks, copyright and database rights in this site are owned by or licensed to Fotolog, Inc.

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