Terms of Service
The following terms and conditions govern all use of the Fotrel.com website and all content, services and products available at or through the website, including, but not limited to, the Fotrel.com gallery hosting service (“Gallery Service”), (taken together, the Website). The Website is owned and operated by Fotrel
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Fotrel, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Fotrel.com Account and Site. If you create a Gallery Service on the Website, you are responsible for maintaining the security of your account and Gallery Service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Gallery Service. You must not describe your
gallery in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fotrel may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Fotrel liability. You must immediately notify Fotrel of any unauthorized uses of your gallery, your account or any other breaches of security. Fotrel will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a gallery, comment on a gallery, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your gallery is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other gallerys and web sites, and similar unsolicited promotional methods;
- your gallery is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your gallery’s URL or name is not the name of a person other than yourself or company other than your own; and
Without limiting any of those representations or warranties, Fotrel has the right (though not the obligation) to, in Fotrel’s sole discretion (i) refuse or remove any content that, in Fotrel’s reasonable opinion, violates any Fotrel policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fotrel’s sole discretion. Fotrel will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
You agree to pay Fotrel the monthly subscription fees indicated for that service (additional payment terms specifically for Gallery Services are described below). Payments will be charged on a pre-pay basis on the day you sign up for
Gallery Service and will cover the use of that service for a monthly subscription period
- Automatic Renewal.
you notify Fotrel before the end of the applicable subscription period that you want to cancel
Gallery Service, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such
service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Gallery Services.
- Fees; Payment. By signing up for a Gallery Services account you agree to pay Fotrel the setup fees and monthly hosting fees indicated at
pricing page in exchange for the services listed at Fotrel.com website. Applicable fees will be invoiced starting from the day your Gallery Services are established and in advance of using such services. Fotrel reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Gallery Services can be canceled by you at anytime on 30 days written notice to Fotrel.
- Support. Gallery Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Fotrel to respond within one business day) concerning the use of the Gallery Services. All Gallery Services support will be provided in accordance with Fotrel standard Gallery Services practices, procedures and policies.
- Responsibility of Website Visitors. Fotrel has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Fotrel does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fotrel disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright Infringement and DMCA Policy. As Fotrel asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fotrel.com violates your copyright, you are encouraged to notify Fotrel in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Fotrel will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Fotrel will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fotrel or others. In the case of such termination, Fotrel will have no obligation to provide a refund of any amounts previously paid to Fotrel.
- Intellectual Property. This Agreement does not transfer from Fotrel to you any Fotrel or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fotrel. Fotrel, Fotrel.com, the Fotrel.com logo, and all other trademarks, service marks, graphics and logos used in connection with Fotrel.com, or the Website are trademarks or registered trademarks of Fotrel or Fotrel’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fotrel or third-party trademarks.
- Changes. Fotrel reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fotrel may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Fotrel may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Fotrel.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Gallery Services account, such account can only be terminated by Fotrel if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Fotrel’s notice to you thereof; provided that, Fotrel can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”.
Fotrel and its suppliers and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability, fitness for a particular
purpose and non-infringement. Neither Fotrel nor its suppliers and licensors, makes any warranty
that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Fotrel, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fotrel under this agreement during the twelve (12) month period prior to the cause of action. Fotrel shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Fotrel, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Fotrel and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fotrel, or by the posting by Fotrel of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fotrel may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.