PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to the Photojournale community . We are foremost a platform to display and promote good story telling and photography, community.photojournale.com (the “Site”) is all about creating community. For the protection of our partners, suppliers, you and us, however, the Terms of Use are very important.
This Site is owned and operated by Photojournale. These Terms of Use apply to your access to, and use of, the Site, your use of any digital photography, media hosting services, other services provided on or through this Site (the “Services”). However, these Terms of Use don’t alter in any way the terms or conditions of any other agreement you may have with Photojournale. Your use of the Site and the Services is expressly conditioned upon your agreement to these Terms of Use. You consent to our communicating with you about the Site, the Products and the Services by email and/or system messages, and if necessary, by regular mail or telephone. Any such communication shall not be considered unsolicited for the purpose of any privacy or similar statute, rule or regulation of any country.
Photojournale reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Site or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.
A. GENERAL TERMS
1. Privacy
Please refer to the Site’s Privacy Policy for information on how we collect, use and disclose personal information from users of the Site. You understand and agree that we may store and process your personal information on computers located both within and outside the United States.
2. Hosting Service Terms
Photojournale’s online media hosting and related services (the “Hosting Services”) provide you a place to store your photographs, audio or video files (collectively, “Photos”).
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF PHOTOJOURNALE OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. PHOTOJOURNALE DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS (ALTHOUGH IT RETAINS THE RIGHT TO DO SO), AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF PHOTOJOURNALE. PHOTOJOURNALE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Photojournale’s Site enables only those persons or entities who own or are otherwise validly authorized to license Photos (the “Content Owner”) to post such Photos on the Site.
4. Copyright And Limited License
The Site and all photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the “Site Materials”) are the property of Photojournale or its licensors or users and are protected by international copyright laws FOR THE SOLE USE OF DISPLAYING ON THE COMMUNITY.PHOTOJOURNALE.COMSITE OR EMBEDDING FROM THE COMMUNITY.PHOTOJOURNALE.COM SITE.
NOTWITHSTANDING THE FOREGOING, PHOTOJOURNALE DOES NOT RETAIN THE RIGHT TO USE IMAGES UPLOADED TO OR DISPLAYED ON THE SITE (EXCLUDING THOSE CREATED BY OR OTHERWISE COPYRIGHTED TO PHOTOJOURNALE OR ITS PARTNERS) FOR ANY COMMERCIAL OR PROMOTIONAL PURPOSE, OUTSIDE OF THE COMMUNITY.PHOTOJOURNALE.COM, WITHOUT PRIOR WRITTEN CONSENT FROM THE COPYRIGHT HOLDER.
Photojournale grants you a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with Photojournale. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:
1. the collection, copying or distribution of any portion of the Site or the Site Materials;
2. any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
3. modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
4. scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
5. with the exception of your own photos, or others’ photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
6. any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Photojournale or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Photojournale has adopted a policy of terminating, in appropriate circumstances and at Photojournale’s sole discretion, account holders who are deemed to be repeat copyright infringers. Photojournale may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Designated Agent: John Horniblow // copyright@photojournale.com
7. Trademarks
“Photojournale”, the Photojournale logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of Photojournale contained in the Site are trademarks or other protected intellectual property of Photojournale (collectively, the “Photojournale Marks”) and may not be copied, imitated or used without the prior written permission of Photojournale. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
8. Hyperlinks
You may create a text hyperlink to the Site, provided such link does not portray Foto Visura or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner This limited right may be revoked by Photojournale at any time. Further, you may not frame the Site without Photojournale’s express written consent.
Photojournale makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Photojournale provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.
9. Third Party Content
Photojournale may host third party content on the Site (“Third Party Content”). Such inclusion does not imply affiliation, endorsement, approval, or control by Photojournale of any Third Party Content. Photojournale makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own full risk. All postings on the Site are subject to our obligations to all third party providers as well.
10. Advertisements And Promotions; Third Party Products and Services;
Photojournale subscribers (on their own sites) or Photojournale (on public areas of the Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and Photojournale does not endorse, approve, or control any such products, services, advertising or promotions. Photojournale is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Site.
The Site includes media hosting and storage services, discussion forums or other interactive areas in which you or other users may post or transmit Photos, text, music, messages, information or other content or materials (“User Content”). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:
1. User Content that is unlawful, defamatory, obscene, pornographic, racist, abusive, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; amounts to a ‘pyramid’ or similar scheme; amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us.
9. User Content that, in the sole judgment of Photojournale, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Photojournale or its users to any harm or liability of any nature.
Although we prohibit certain activities in these Terms of Use, Photojournale does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Site is at your own risk.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Photojournale anywhere on this Site (e.g., on any web space made available for your use).
Although Photojournale has no obligation to screen, edit or monitor any of the User Content posted on the Site, Photojournale reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You retain the copyright in any User Content you post on the Site. Photojournale neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant Photojournale a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner’s direction, the license of Photos or the sale of Products on the Site.
You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as private or password protected, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. Photojournale will not be responsible or liable for any third party access to or use of the User Content you post. Photojournale provides many security options and settings for your content and you should read and understand them all.
You represent and warrant that (a) you own or otherwise legally and validly control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form (“Registration Data”) is complete and accurate. Photojournale reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Photojournale may send important notices about your account or the Services to that email account.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Photojournale’s systems and customers, or to ensure the integrity and operation of Photojournale’s business and systems, Photojournale may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that Photojournale’s right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of Photojournale. For information regarding other ways that Photojournale may use or disclose your Registration Data, please see the Photojournale Privacy Policy.
13. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify Photojournale of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Photojournale.
14. DISCLAIMER OF WARRANTIES
THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOJOURNALE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.
PHOTOJOURNALE DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM PHOTOJOURNALE OR THE SITE ARE FREE OF VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. PHOTOJOURNALE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PHOTOJOURNALE ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOTOJOURNALE OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM PHOTOJOURNALE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES,DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PHOTOJOURNALE’s RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PHOTOJOURNALE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED AND OF WHATEVER DEGREE OR LEVEL), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PHOTOJOURNALE FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
16. Indemnity
You agree to defend, indemnify and hold harmless Photojournale and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents and all their respective successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of or inability to use the Site, the User Content, the Site Materials or the Services, or the licensing of your Photos to third parties through the Site, or the ordering of photographic prints including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
17. Severability
If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
18. Investigations
Photojournale reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Photojournale may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Photojournale may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Photojournale believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Photojournale will fully cooperate with any law enforcement authorities or court order requesting or directing Photojournale to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PHOTOJURNALE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PHOTOJURNALE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER PHOTOJURNALE OR LAW ENFORCEMENT AUTHORITIES.
19. Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, we at PHOTOJURNALE want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.
your name, address, telephone number, and e-mail address;
a description of the copyrighted work that you claim has been infringed;
the exact URL or a description of each place where alleged infringing material is located;
a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Email: copyright@photojournale.com
Photojournale seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a “service provider”.
