Terms of Use

Last updated: November 15, 2015

Please read these Terms of (“Terms”, “Terms of Service”) carefully before using the http://www.fotofide.com website (the “Service” or “Use”) operated by Fotofide (“us”, “we”, or “our”). By using the Service you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using 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 may not access the Service. These Terms of Use are subject to change by us at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes. These Terms apply to all visitors, users and others who access or use the Service.

These Terms of Use also incorporate the terms contained in the following policies:

  • Privacy Policy http://www.fotofide.com/privacy-policy/

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Fotofide.

Fotofide has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fotofide 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 third-party web sites or services that you visit

Use of the Service.

You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for entertainment purposes only. Any recommendations made by us or our content is for entertainment purpose, and user should seek professional advice from best qualified person or entity.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 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.

Your License to Fotofide.

The Service, without prior notice, may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “User Content”). You hereby grant Fotofide and its users a non-exclusive, irrevocable, perpetual and worldwide license to use, adapt, re-publish, copy, store, sell, distribute, communicate to the public, perform and distribute your User Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Service or in support of the Service through advertising and marketing.

You represent and warrant that nothing contained within the User Content would require Fotofide to seek permission of a third party in order to use the User Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with User Content if such User Content is published, sold, distributed, or otherwise commercially exploited. You also consent to the doing of (or omitting to do) any acts in respect of the User Content which may otherwise constitute an infringement of your moral rights. Any User Content uploaded to the site will be deemed non-confidential.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration (conducted in English) with one arbitrator. If travelling to New Jersey is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration and attorneys’ fees. Any claims asserted by you in connection with the Service must be asserted in writing to Fotofide within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party. You also acknowledge and understand that, with respect to any dispute with Fotofide arising out of or relating to your use of the Service, you are waiving your right to have a trial by jury; and you are waiving your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.

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 between us regarding the Service.

Acceptable Use Policy.

Fotofide requires all of its users to be respectful of other people. If you notice any violation of these Terms of Use (including this Acceptable Use Policy) or other unacceptable behavior by any user, you should report such activity to support@fotofide.com. You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Fotofide responsible or liable for any content you access from other users of the Service.

Fotofide is under no obligation to screen or monitor User Content (unless so required by law), but it may review User Content from time to time, at its sole discretion, to review compliance with these Terms of Use. The Fotofide may include, edit or remove any User Content at any time without notice.

You understand that when using the Service, you will be exposed to content from a variety of sources, and that Fotofide is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

Without limitation, you will not post or transmit to other users any User Content that:

  • Is considered defamatory, racist, abusive, pornographic, obscene, profane or offensive.
  • Violates any party’s right of publicity or right of privacy without their written consent.
  • Infringes or violates another party’s intellectual property rights(such as but not limited to music, photos, movies, videos, or other materials for which you do not have proper license to do so)
  • Is considered threatening, harmful, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group, color, sex, religion, age-group, or individual
  • Is inaccurate, false or misleading in any way.
  • Promotes or encourages violence.
  • Is illegal or promotes any illegal activities.
  • Contains personal information of any party such as but not limited to phone numbers, addresses, photos, videos, texts, etc..
  • Contains any form of advertisement, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Contains mobile or computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or mobile device.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to 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 those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If there are any questions regarding “SERVICE” or “TERMS” you may contact us using the information below or by visiting us at our Contact Us page

fotofide.com™

support@fotofide.com