WWW.FOTONPROJECT.COM (the "Site") is owned by FOTON, LLC ("Company"). This is an agreement between you and Company. Please read it carefully as it is binding on you. If you do not agree with all of the terms set forth in these Terms, please exit the Site now.
1. Acceptance of Terms
2. Company Content
You understand that all material transmitted through, or linked from the Service are the sole responsibility of the person from whom such material originated. Furthermore, the Company Site and material available through the Service may contain links to other websites, which are completely independent of Company. Those links do not imply any endorsement by Company and Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
3. Proprietary Rights
The Site and Company logo are trademarks of Company and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on the Site are the property of their respective owners. Your unauthorized use of the trademarks appearing on the Site may constitute a violation of law, which could subject you to substantial civil penalties.
4. User Content
You acknowledge that by posting content or communicating with other users, that information is visible to other users of the Site. Be aware that if you actively comment, blog, post content or participate in chat rooms or similar community forums which may become available on the Site, then any personal information you provide will be accessible to all users. You should also be aware that any information that is made public on the Site may be searchable by other search engines. In addition, even if that content is later removed from the Site, it may still be stored in other computers of people who visited the Site, and removal of that information from the Site will not remove it from those other computers. You should exercise caution when posting personal information to the Site. We encourage you to take advantage of the opportunity to interact with other users of the Site by posting and reading other user's content and participating in online forums. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any user content, nor do we endorse such user content. We do not verify the identity of people using our Site. You use the Site and user content at your own risk.
5. Posting of User Content Requirements
All content that you post to the Site must comply with these Terms. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:
- Is threatening, defamatory, abusive, obscene, or any material that would give rise to any civil or criminal liability under applicable law;
- Contains any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
- Contains any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
- Contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
- Is a solicitation or advertisement for any commercial product or activity;
- Encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
- Restricts or inhibits any other user from using the Site or contains a virus or other harmful component;
- Violates any local, state, federal or international laws or gives rise to civil liability;
- Violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- Imposes and unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
- Is a chain letter or constitutes junk mail;
- "spoofs" (using of any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site);
- Uses or possesses programs to "crack" passwords or other Internet security tools.
6. License of Rights
By submitting content to the Site, you grant to Company, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance and any personal information you submit with or contained within the content, without your prior approval or the payment and any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.
7. User Responsibility
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Company, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorney's fees) that any of them incur in connection with a third party claim, or otherwise, arising out of or in connection with the materials you submit, post or make available through the Service, your use of the Service or Site, your violation of these Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit, or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Company, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve the Site and the experience of our users.
8. Inappropriate Content
If you believe that any posting on the Site violates these Terms, please let us know by clicking on the "Contact" link on the top right side of the home page on the Site, and then sending us an email. We try to review all reported violations and, if we agree with you, we'll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.
9. Digital Millennium Copyright Act ("DMCA") Notice
Company has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any content on the Site that allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violation of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain in the Site or the Service. If you believe any materials on the Site or the Service infringes a copyright, you should provide us with written notice that at a minimum contains:
- 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 are covered by a single notification, a representative list of such works;
- 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.
10. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER SPECIFIC LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (1) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE COMPANY SITE AND THE SERVICE. (2) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMMPANY SITE OR THE SERVICE OR ACCESSED THOURGH ANY LINKS ON THE COMPANY SITE, AND (3) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH COMPANY OR THE SERVICE.
11. Limitations on Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS,INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,COMMUNICATIONS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY SITE OR THE SERVICE, FROM THE INABILITY TO USE THE COMPANY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY SITE OR THE SERVICE, SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE COMPANY SITE OR THE SERVICE OR ANY LINKS ON THE COMPANY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE COMPANY SITE OR THE SERVICE OR ANY LINKS ON THE COMPANY SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO COMPANY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and courts costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person or entity.
13. Governing Law
This agreement shall be governed by and construed in accordance with the law of the State of Florida without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Company (the "Dispute") shall lie in the state or federal courts located in the Dade County, Florida. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Company, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
14. General Information
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, License of Rights, User Liability, Indemnity, General Information and Privacy shall survive any such terminationEffective Date: March 24, 2014
© 2013 FotonProject.com