Terms of Service of Fotopic.Net

1. General

   1. Snappy Designs Limited (trading as "Fotopic.Net" or "Fotopic") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Fotopic from time to time without notice to you.
   2. You should review the TOS periodically for changes at: http://fotopic.net/about/terms.php
   3. In addition, when using particular Fotopic services, you and Fotopic shall be subject to any guidelines and rules applicable to such services which may be posted by Fotopic from time to time. All such guides and rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail.
   4. Fotopic may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.

2. Software Performance

   Fotopic currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, personalised content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fotopic properties, shall be subject to the TOS. You acknowledge and agree that the Service is provided "AS IS" and that Fotopic assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

3. Communication

   In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Fotopic has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

4. Provision of User Information

   In consideration of your use of the Service, you agree to:
   1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data").
   2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
   3. Provide and maintain a true and valid electronic mail address for receipt of announcements and notifications regarding the Service.
   If you provide any information that is untrue, inaccurate, not current or incomplete, or Fotopic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fotopic has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. Privacy and Content

   1. Fotopic is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 8 below) are appropriate for your child.
   2. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://fotopic.net/about/privacy.php.

6. User Security

   You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
   1. Immediately notify Fotopic of any unauthorised use of your password or account and any other breach of security, and
   2. Ensure that you exit from your account at the end of each session. Fotopic cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. Content Control

   You acknowledge that Fotopic does not pre-screen all Content, but that Fotopic and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
   1. Without limiting the foregoing, Fotopic and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fotopic or submitted to Fotopic including without limitation information in Fotopic Galleries, Fotopic Communities, Fotopic Groups, the Fotopic Camera Listings, and in all other parts of the Service.
   2. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fotopic are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Fotopic does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
   3. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fotopic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
   4. You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.

8. Content Restriction

   You agree to not use the Service to:
   1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. harm minors in any way;
   3. impersonate any person or entity, including, but not limited to, a Fotopic official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
   8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   11. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
   12. "stalk" or otherwise harass another; or
   13. collect or store personal data about other users.
   14. create multiple user accounts with the purpose of circumventing quota protection systems, previously suspended accounts, or other protection mechanisms.
   We may refuse to provide any further services to anyone who breaches these terms.

9. Disclosure of Content

   1. You acknowledge and agree that Fotopic may preserve Content and may also disclose Content:
      1. to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
      2. for the purpose of properly administering your account in accordance with the standard operating procedures of Fotopic or its affiliated companies, and/or
      3. if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
      1. comply with legal process;
      2. enforce the TOS;
      3. respond to claims that any Content violates the rights of third-parties; or
      4. protect the rights, property, or personal safety of Fotopic its users and the public.
      4. in the process of fulfilment of an order or transaction (eg. for print services, image repair services, etc.).
   2. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Fotopic reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
   3. We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us subject to the relevant Data Protection Acts.

10. Rights and Title of Content

    1. For purposes of the TOS, "publicly accessible areas" of the Service are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Fotopic Galleries, Albums, Collections, Photographs and Message Boards.
    2. With respect to Content you elect to post for inclusion in publicly accessible areas of Fotopic Galleries or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Fotopic a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Fotopic Service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
    3. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Fotopic the royalty-free, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in the course of providing and promoting the Service.

11. Commercial Explotation of the Service

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. In particular, you are expressedly prohibited from subleasing or reselling the Service, or any portion of the Service, unless agreed in writing beforehand.

12. Use of Fotopic Resources

    1. You acknowledge that Fotopic may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that images, email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any file that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Fotopic's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
    2. Fotopic reserves the right to restrict access to any portion of the Service any account which consumes excessive bandwidth, places high load on Fotopic's servers, routers, switches or other equipment, or which improperly restricts, inhibits or degrades any other User's access to the Service, either permanently or temporarily until such a time as excessive usage subsides.
    3. You agree that Fotopic has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Fotopic reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fotopic reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. Modification of the Service

    Fotopic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fotopic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination

    You agree that Fotopic in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Fotopic believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Fotopic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Fotopic may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fotopic shall not be liable to you or any third-party for any termination of your access to the Service.

15. Advertising and Third-Party Merchants

    Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that:
    1. Fotopic shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and
    2. Any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, Fotopic Shopping) are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.

16. External Links

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fotopic has no control over such sites and resources, you acknowledge and agree that Fotopic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fotopic 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 site or resource.

17. Intellectual Property

    1. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
    2. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
    3. Except as expressly authorised by Fotopic or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
    4. Fotopic grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law.
    5. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service.
    6. You agree not to access the Service by any means other than through the interface that is provided by Fotopic for use in accessing the Service.

18. Indemnification and Liability

    You expressly acknowledge and agree that:
    1. You agree to indemnify and hold Fotopic and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by yourself or any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
    2. Your use of the service is at your sole risk. The service is provided on an "As Is" and "As Available" basis. To the fullest extent permitted by applicable law, Fotopic expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
    3. Fotopic makes no warranty or representation that:
       1. The Service will meet your requirements;
       2. The Service will be uninterrupted, timely, secure or error-free;
       3. The results that may be obtained from the use of the Service will be accurate or reliable;
       4. The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations;
       5. Any errors in the software will be corrected.
    4. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    5. You acknowledge that we may suspend or remove your account if you or a third party acting on your behalf commences legal proceedings against Snappy Design Ltd for any reason.
    6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOTOPIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
    You expressly acknowledge and agree that Fotopic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fotopic has been advised of the possibility of such damages), resulting from:
    1. The use or the inability to use the service;
    2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    3. Unauthorised access to or alteration of your transmissions or data;
    4. Statements or conduct of any third party on the service;
    5. Any other matter relating to the Service.
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service of these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Ordering Fotopic Products and Subscriptions

    1. Once you have placed an order for any goods or services via this web site (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
    2. The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
    3. To maintain continuity of service we reserve the right to use alternative products in the production of prints and gift items, to those stated on the web-site.
    4. Complaints or claims must be notified to us within twenty eight days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive.
    5. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.
    6. You agree that Fotopic will not colour-manage nor modify images sent to us for printing, and any correction is your own responsibility prior to placing an order. Fotopic will not refund orders where the item is a fair representation of the image provided.

20. Global Control and Export

    1. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned).
    2. 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 OF SECTIONS ?? AND ?? MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF FOTOPIC.

21. Trademarks

    Fotopic, the Fotopic logo, Fotopic Communities, Fotopic Collections, Fotopic Galleries, Fotopic.Net, Fotopic Pro, Fotopic Premium, Fotopic Plus and Fotopic Printshop trademarks and service marks, and other Fotopic logos and product and service names are trademarks of Snappy Design Ltd. Without Fotopic's prior permission, you agree not to display or use in any manner, the Fotopic Marks.

22. Intellectual Property and Service Abuse

    Fotopic respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please provide Fotopic with the following information via email to abuse@fotopic.net:
    1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
    6. 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 authorised to act on the copyright owner's behalf.

23. Superceding

    1. These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Fotopic and govern your use of the Service, superseding any prior agreements between you and Fotopic. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
    2. The TOS and the relationship between you and Fotopic shall be governed by the laws of England. You and Fotopic agree to submit to the exclusive jurisdiction of the English courts.
    3. Any failure by Fotopic to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
    4. The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. Notices to Users

    1. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
    2. Fotopic will not be held responsible for non-delivery of electronic mail under any circumstances during the course of serving notices.

25. Notices to Snappy Design Ltd

    Please report any violations of the TOS to Snappy Design Ltd via:
    1. Registered post to Fotopic.net, Unit 4 Acorn House, 13 Pollard Street, Lofthouse Gate, Wakefield, West Yorkshire, WF3 3HG, United Kingdom
    2. By electronic mail to abuse@fotopic.net.
    The Registered Company Address for the purpose of serving documents is:
    1. Registered post to Snappy Design Ltd., Nat West Bank Chambers, Heckmondwike, West Yorkshire WF16 0HU