F. You affirm that You are over the age of 13, as the Services are not intended for children under 13. If You are under 13 years of age, then You may NOT use the Services and should immediately stop any use of the Site and the Services.
G. The Blog is one of several Company products, which share technology, systems, insights, and information—including information about you—to enhance the user experience across the full suite of Company products. To learn more, please see the Company’s Privacy Notice referenced above.
2. Say Cheese! Getting Ready for your Close-Up.
A. The Blog is comprised of curated content that uses Our particular perspective and approach to report on, critique, and provide an educational framing to, photography and photography-related news, tips, and related material. We provide criticism, critiques, and commentary using Our own unique style to transform news and information about all things photography and produce curated content for Our Users, alongside related thirdparty original content. The Blog is accessible publicly on the Internet and allows Users to access content that is curated by the Blog’s team and relevant to the User’s interests (“Blog Content”). The Services allow You to submit comments or reactions to Blog Content using text or emotion icons (“User Comment(s)”).
3. Your POV.
A. By sharing User Comments on the Services, You grant the Company and its subsidiaries, affiliates, and partners a worldwide, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and based upon, display, transmit, adapt, edit, modify, publicly display, publish, perform, sell, republish, promote, exhibit, and otherwise use, the User Comments, in all media now known or hereafter developed, for any and all purposes, including but not limited to promoting the Services in any media formats and through any media channels, whether now known or existing in the future throughout the world, without the Company seeking further permission from You.
B. Unless You agree otherwise in writing with the Company, and except as set forth herein, You retain all of your rights in and to the Intellectual Property (as defined below) in your User Comments, other than as provided herein. 3
C. You represent and warrant that You have all rights necessary to grant to the Company the license and rights listed above and that the Company’s use of its rights under the license shall not violate applicable law.
D. For the purposes of the Services, and any license and authority granted hereunder to the Company, all User Commentsinclude the expression of such User Comments in hard copy, electronic, and other versions, including, but not limited to, masters, audio computer files (including but not limited to .wav; .mpeg; .mp3; .aiff; .aac; .wma); video and animation files (including, .avi.; .mpg; .mp4; .mov; .mpa; . gif; .flc; and .amc); and image files (including but not limited to.gif; .jpeg; .png; and .eps).
E. You shall be solely responsible for any User Comments posted to the Services, as well as the consequences of posting your User Comments to the Services, without regard to the User Comment Review. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to post any User Commentsthat You post to the Services, that Your User Comments shall not be defamatory, shall not violate, misappropriate or infringe on any rights of third parties (including intellectual property rights or rights of publicity or privacy), and shall not violate applicable law.
F. You agree that any User Comments that You post to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have written permission from the rightful owner of the material or You are otherwise legally entitled to upload the material and to grant the Company all of the license rights conveyed herein. You assume all risk and responsibility for determining whether you may lawfully post any User Comments and We have no obligation to evaluate, screen or monitor any User Comment that You post to the Services. By posting User Comments to the Services, You represent and warrant that You will not be in violation of any agreements or other rights or grants.
G. You agree further that you shall not post any User Comments that impersonate a person or entity, falsely imply sponsorship or endorsement of a User Comment by the Services, the Company, and/or any third party, promote any information that you know is false or misleading, or promote any illegal or unauthorized copy of another person’s copyrighted work.
4. No (Intellectual Property) Paparazzi!
A. “Intellectual Property” means all rights and interests in all (a) patents, utility models, patent applications, and continuing (continuation, divisional, or continuation-in-part) applications, re-issues, extensions, renewals, and re-examinations thereof and patents issued thereon; (b) registered and unregistered trademarks, service marks, trade names, domain names, and all of the associated goodwill; (c) registered and unregistered copyrights and all other literary and author’s rights or moral rights; (d) trade secrets, know-how, show-how, concepts, ideas, methods, processes, designs, discoveries, improvements, and inventions, whether or not patentable; (e) all other intellectual, 4 industrial, and proprietary rights now or hereafter coming into existence throughout the world; (f) applications for and registrations, renewals, and extensions of any of the foregoing; and (g) exclusive and non-exclusive license rights to any of the foregoing.
B. The term “Blog IP” includes all Intellectual Property, including text, software, written materials, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, user interface and user experience, the “look and feel,” and other elements, subsisting in the Site and the Services.
C. Except as permitted herein, You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, modify, or otherwise exploit any Blog IP or Blog Content for any other purposes without the prior written consent of the Company, except for features of the Services that specifically enable User sharing of Blog IP and/or Blog Content via email, social media, linking, and other platforms expressly enabled by the Services. You may access the Site and the Services only for Your own personal, non-commercial use. The Company reserves all rights not expressly granted in and to the Services, Blog IP, and Blog Content. You do not acquire any rights in or to any Blog IP or Blog Content by using the Services or accessing the Site.
D. You agree not to circumvent, disable or otherwise interfere with any technological measure that protects, prevents or restricts use or copying of any Blog IP or otherwise enforces limitations on use of the Services or the Blog IP therein.
F. You are strictly prohibited from modifying, reverse engineering, adapting or otherwise tampering with the Services. You may not modify another website so as to falsely imply that such other website it is associated with the Site, the Services, the Company or any other service provided by the Company.
A. By using the Services, You agree that:
i. You shall not use, intentionally or unintentionally, any of the Blog Content, User Comments, or the Services, in a manner contrary to or in violation of any applicable international, national or local law;
ii. You shall not use the Services in any manner that could disable, harm, infect, take over, overburden or otherwise impair any of the Company’s computer systems, including, the servers, networks and other components connected to or used for the Services; 5
iii. You shall not interfere with any other party’s use and enjoyment of the Services or any of the content, information or services provided by way of the Services;
iv. You shall not upload, post or otherwise transmit any User Comments that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as Intellectual Property, inside information, and proprietary and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
v. You shall not upload, post or otherwise transmit to the Services any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vi. You shall not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for the Services using any means;
vii. You shall not seek to gain access to any materials or information from the Services through any means not intentionally made available to You by the Company;
viii. You shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit the Services, or any portion thereof, for commercial purposes without the Company’s prior written consent;
ix. You shall not make any use of the trademarks, service marks, trade names, logos and/or graphics on the Services without the Company’s prior written consent;
x. You shall not use any network monitoring or discovery software to determine the Site architecture or extract information about usage, individual identities or Users;
xi. You shall not collect any email addresses made available on the Services for purposes of promotions or marketing campaigns and You shall not solicit any users with data retrieved from the Services; and
xii. You shall not distribute, on or through the Services, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organization without the Company’s prior written permission.
B. By using the Services, You further agree that your User Comments shall not contain any material that is, in the Company’s sole and absolute discretion, inappropriate, dangerous, obscene, vulgar, unlawful, offensive, racist, discriminatory, harassing, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to the Company, may result in User suspension and/or a complete ban from posting User Comments.
C. You may not use the Services to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs, “Worms” or any code of a destructive or malicious nature.
F. The Company reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Services, with or without notice.
G. The Company reserves the right to temporarily suspend access to the Services for operational purposes, including maintenance, repairs or installation of upgrades at any time and from time to time without notice.
6. Between You and Us.
A. “Confidential Information” means any information, technical data, or know-how considered proprietary or confidential to the Company, including Our research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, personally identifiable information, pricing information, procedures, business and marketing plans or strategies, financial information, and business opportunities, including in writing, orally, or machine readable form.
7. Shutting Down Production.
B. The Company is authorized to delete all User Comments that you have posted to the Services in its sole discretion at any time and for any reason. The Company shall have no obligation to notify You or any other users of the deletion of any User Comments.
8. Photo Cred.
A. Notification. If You are a copyright owner and believe that any Blog Content and/or User Comments posted on the Services infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our specially designated DMCA copyright agent (the “Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 7
(i) A physical or electronic signature of a person authorized to act on your behalf; (ii) identification of all copyrighted works claimed to have been infringed; (iii) identification of the infringing material and information that will allow the Company to locate the infringing material; (iv) your contact information (name, address, telephone number, and email address) so the Company can reach You; (v) a statement that You have a good faith belief that use of the material is unauthorized; and (vi) a statement that your notification is accurate, and under penalty of perjury, that You are authorized to take the action described in your notification.
You may direct copyright infringement notifications to our Copyright Agent at the following email address: firstname.lastname@example.org. If You do not carefully follow all these instructions, your DMCA notification may not be valid.
B. Counter-Notification. If You believe that your User Comment that was deleted (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Comment, You may send a counter-notification to the Copyright Agent containing the following information: (i) your physical or electronic signature; (ii) identification of the User Comment that has been removed or to which access has been disabled and the location of the User Comment before it was removed or disabled; (iii) a statement that You have a good faith belief that the User Comment was removed or disabled as a result of mistake or a misidentification of the User Comment; and (iv) your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in New York, New York, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Copyright Agent, the Company may send a copy of the counter-notification to the original complaining party informing that person that the Copyright Agent may replace the User Comment or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the User Comment, the removed User Comment may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
C. Any person who knowingly misrepresents that any Blog Content or User Comment is infringing or was deleted by mistake or by misidentification may be subject to liability.
9. No Flash Photography.
A. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR 8 COMPLETENESS OF THE BLOG CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE, THE SITE, OR THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER COMMENTS OR BLOG CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER COMMENTS OR BLOG CONTENT UPLOADED, POSTED, SUBMITTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
B. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. All is Fair (Use) in Love and Blogging!
A. The Copyright Laws of the United States recognize the “fair use” of copyrighted content. Section 107 of the U.S. Copyright Act states: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
B. THE SERVICES MAY CONTAIN CERTAIN COPYRIGHTED WORKS, INCLUDING THAT OF A FACTUAL OR INFORMATIONAL NATURE, THAT WERE NOT SPECIFICALLY AUTHORIZED TO BE USED BY THE COPYRIGHT HOLDER(S), BUT WHICH THE COMPANY BELIEVES IN GOOD FAITH ARE PROTECTED BY FEDERAL LAW AND THE FAIR USE DOCTRINE FOR ONE OR MORE OF THE REASONS NOTED ABOVE. The Company believes in good faith that the use of third-party materials on the Services and as part of the Services constitute a “fair use” of any copyrighted material. In accordance with Title 17 U.S.C. Section 107, the material on the Services is distributed without profit to Users who are interested in reviewing the Blog Content for news reporting, commentary, criticism, research, and educational purposes. Through the Blog’s distinctive perspective and approach, the Blog adds value to the original noteworthy news and information, by converting such materials into new content reflecting the Blog’s unique commentary, critiques, aesthetics, insights, and understandings. We do not desire, nor intend, for the transformative Blog Content to be 9 an effective substitute for the original works that We are reporting, critiquing, or commenting upon.
C. If You wish to use any copyrighted material from the Site (or the Services in general) for purposes of your own that go beyond fair use, You must obtain express permission from the applicable copyright owner. If You are the owner of any copyrighted material found on the Services and believe the use of any such material does not constitute fair use, please contact us so that We may address those concerns.
D. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY, THE ADMINISTRATORS OF THE SERVICES, AND/OR THE COMPANY’S REPRESENTATIVES HEREBY DISCLAIM PERSONAL LIABILITY FOR ANY DAMAGES, ACTUAL OR CONSEQUENTIAL, FOR (i) ANY POSTS BY THIRD PARTIES WHICH MAY VIOLATE ANY LAW, OR (ii) ANY USE OF CONTENT UPLOADED ON THE SERVICES BY A USER WHICH MAY VIOLATE ANY LAW.
11. Just the Right Amount of Exposure.
A. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY USE OF THIRD PARTY CONTENT FOR WHICH A COMPETENT COURT OF JURISDICTION DETERMINES THAT FAIR USE IS INAPPLICABLE TO ANY CONTENT HOSTED ON THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
B. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. You further understand and acknowledge that You may be exposed to material that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto. 10
D. You agree that you shall not hold the Company responsible or liable for any Blog Content you access through the Services.
E. You acknowledge that the Blog Content contains the opinions and views of the author(s) thereof and does not necessarily reflect the official policy or position of the Company.
G. The Company shall not be liable to You in any way arising from or related to the refusal to approve or the deletion of User Comments hosted on the Services.
12. A Few More Touch Ups.
F. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY AT ANY TIME.