Welcome to FotoFlexer! We hope you enjoy your visit, and find that using our service is productive, easy and fun.
1. Your submissions
You may submit certain material to FotoFlexer, including without limitation, photographic images, as part of your use of the Service (“Submissions”).
Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:
- Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. FotoFlexer recommends you use an “adult-content” warning label when images are being shared that include legal adult content;
- Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
- Any material sent from an anonymous or false address;
- Any material that promotes bigotry, racism, hatred or harm against any individual or group.
Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. In addition, by sharing your images, you grant other Users of FotoFlexer an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly display, reformat, excerpt (in whole or in part) and distribute your images for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such images, and to grant and authorize sublicenses of the foregoing. This license will not expire upon your removal of the content from the Site or Service. FotoFlexer will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.
While FotoFlexer is not responsible for, and does not review or comment on the content of Submissions provided by FotoFlexer users, FotoFlexer reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that FotoFlexer deems necessary relating to use or misuse of the Service. FotoFlexer may request confirmation of the copyright or trademark ownership from the submitter. If FotoFlexer does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, FotoFlexer reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, FotoFlexer reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to FotoFlexer a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.
We recommend you keep back-up copies of your Submissions on your hard drive or other personal systems. The Service is not intended as a guaranteed back-up solution.
FotoFlexer is committed to protecting photographers’ copyrights and expects users of the Service to do the same. Each image submitter is required by US law to own the right to, or to obtain permission to, use any image before the image is uploaded or printed at FotoFlexer. At FotoFlexer’s discretion and in appropriate circumstances, FotoFlexer may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
You can contact our Copyright Agent via email at dmca[at]fotoflexer[dot]com
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- 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 claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
2. Age requirements
3. About your account
3a. Access to your account
You can allow other people to view selected images in your account through FotoFlexer’s online share feature. The people you invite to view your images through online share will be able to see the images you have selected for them and will not have access to your entire account.
Linking directly to images on FotoFlexer’s servers from external sites is expressly prohibited.
We need to be able to access your account for the following reasons:
- We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
- To maintain our Service to you and develop new and useful features and services;
- To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
- FotoFlexer reserves the right to close accounts set up for fraudulent purposes.
3b. Account fee
There is no fee to open a FotoFlexer account.
4. Web addresses (URLs)
As part of FotoFlexer’s sharing service, FotoFlexer may provide users with access to and use of pages on the FotoFlexer site and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. FotoFlexer does not guarantee the availability of a particular web address. FotoFlexer also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by FotoFlexer to a user as it deems necessary in its sole discretion and, at FotoFlexer’s option, to provide users with an alternative web page and address.
5. Canceling the service
If you violate any of these Terms, your permission to use the Service will terminate automatically. FotoFlexer reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.
6. Third-party software
We may make third party software available to you from time to time. To access such third-party software, you must first agree to the third party software provider’s terms and conditions governing use of such software which agreement will be between you and the third-party software provider. FotoFlexer is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.
This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.
7. Third-party links
We may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that FotoFlexer is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by FotoFlexer of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.
8. Copyrighted material and software
All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the FotoFlexer site and Service is and will remain the exclusive property of FotoFlexer and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
10. U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes the third party intellectual property rights.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
14. Disclaimer of warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH PHOTOFLEXER’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOFLEXER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOFLEXER MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOFLEXER MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOFLEXER’S SITE OR ADVERTISED THROUGH PHOTOFLEXER’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOFLEXER OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PHOTOFLEXER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PHOTOFLEXER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, PHOTOFLEXER’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOFLEXER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PHOTOFLEXER WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF PHOTOFLEXER TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PHOTOFLEXER HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16.Customer Policy for Idea Submission
Many of our customers are interested in submitting ideas for products and services to be used at FotoFlexer, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:
- Unsolicited ideas submitted to FotoFlexer, Inc. or any of its employees automatically become the property of FotoFlexer, Inc.
- By submitting unsolicited ideas to FotoFlexer, Inc. you automatically forfeit your right to the intellectual property of these ideas.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to FotoFlexer, Inc. or its employees.
Send a message to ideas[at]fotoflexer[dot]com and describe ONLY the general application.
If we think there is an opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by FotoFlexer in order to evaluate your concept(s).
We may assign our rights and responsibilities hereunder without notice to you.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of FotoFlexer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.