PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By visiting and engaging with this site in any way (with or without an account), you signify your assent to these Terms and Conditions ("terms"). If you do not agree to all of these terms, unfortunately you cannot use this site. This is standard practice, and it is your responsibility to be aware of and abide by it.
The PhotoFeeler team ("PhotoFeeler") may revise and update these terms and conditions at any time. Your continued usage of the PhotoFeeler.com website (“site”) will mean you accept those changes.
1. The site does not provide business advice
The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
This site does not direct decision making on you behalf or on behalf of your business. Any business decisions you make as a result of information posted on this site, products sold through this site, or links listed on this side are your responsibility only.
2. Use of the site and rules relating to content
You may only use and become an account-bearing member of PhotoFeeler if you are 13 years old or over.
You warrant that you have the right, authority and capacity to enter into and be bound by all of the terms stated on this page and that by using PhotoFeeler you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You are able to post things on PhotoFeeler, including photographs/images, text, personal information, contact information, and other content (“content”).
You may not upload and/or post any content to the site which:
contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;
is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
incorporates the image or likeness of any individual under 13 years of age;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from PhotoFeeler or otherwise; or
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
You acknowledge that you are solely responsible for, and bear all liability in relation to, any content that you bring to the PhotoFeeler site.
You may not publicly display any personal contact or banking information through PhotoFeeler (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details).
Regarding any information you do choose to publicly display, it is of course at your own risk, so we encourage you to use caution.
You may not under any circumstances use content or assets (including text, images, or screenshots) from the PhotoFeeler website that did not originate from you. You may not use them for commercial purposes, nor noncommercial purposes. Any manner of use at all is disrespectful of other PhotoFeeler users and is an unlawful use of the site.
PhotoFeeler reserves the right to terminate your account for any reason, including using content and assets that did not originate from you.
Only you are authorized to access your account with PhotoFeeler. You must not share your login details with anyone or let anyone else access your account as this jeopardises the security of all of the site and submitted content. You are responsible for keeping your login details secret and secure. If you don’t, PhotoFeeler is not liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know immediately and tell us of your suspicions or concerns. You must also immediately change your login details. PhotoFeeler reserves the right to terminate your account if you violate our rules on keeping your login details secure.
When you upload Content to PhotoFeeler it can be accessed and viewed by the public. If you do not want such content to be viewed by others, then you should not upload it to PhotoFeeler. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any content that you upload or submit to PhotoFeeler without any incurring liability to you. We have no obligation to display any content that you submit to PhotoFeeler, nor to check the accuracy or truthfulness of any content submitted to PhotoFeeler, nor to monitor your use or the use of other users of PhotoFeeler.
3. Ownership of content
You retain ownership of any content you upload or submit to PhotoFeeler, so as long as you are the rightful owner in the first place.
Please note though that by posting or submitting content to PhotoFeeler, you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such content for our research purposes in a wide variety of ways (including, without limitation, making your content and any data associated with it available to PhotoFeeler staff or paid helpers, whether in whole or in part and in any format or medium currently known or developed in the future, and publicly sharing numbers or statistics of which you or your content is part).
We may assign and/or sub-licence the above licence to affiliates and successors without any further approval.
By submitting content to PhotoFeeler you are warranting that you are the exclusive author and owner of that content and you agree that you waive any and all moral rights relating to that content (including, without limitation, the right to be identified as the author).
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
All remaining content (not uploaded or submitted by users) including text, graphics, user interfaces, trademarks, logos, sounds and artwork on PhotoFeeler are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Other than in relation to content submitted by you to PhotoFeeler, you do not have any rights in relation to the content on PhotoFeeler and you agree that you will not use any content in any manner which may infringe any third party’s rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the PhotoFeeler app or site or the content contained on it (other than the content submitted by you) to anyone else.
4. Access to the app and site
Unfortunately we can’t guarantee that PhotoFeeler will be accessible at all times due to site maintenance, a fault or circumstances which are outside our control, or for any other reason, so PhotoFeeler is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of PhotoFeeler and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on PhotoFeeler without notice and without incurring any liability to you.
You are responsible for making all the necessary arrangements to ensure you can access PhotoFeeler (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing PhotoFeeler through mobile services or any similar service currently known or developed in the future.
By accessing PhotoFeeler or agreeing to receive messages or notifications from PhotoFeeler through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
Non-registered users are able to access only that portion of PhotoFeeler that is publicly available. They will not have an account area accessible to them or the ability to upload any content. The extent of registered users’ access to PhotoFeeler may be changed or updated from time to time without prior notice and at our discretion.
5. Multiple accounts
You are not permitted to create more than one PhotoFeeler account for yourself or to create an account for anyone other than yourself without permission. If we terminate your account for any reason, you are not permitted to create another one without our permission. Failure to comply with these guidelines will put you at risk for account termination.
6. Dishonest information
You will not provide any false personal information to PhotoFeeler, including but not limited to your email address, gender, and age. You are under no circumstances permitted to change your account settings in order to vote on photos that are not meant for your demographic. Tampering with the system via falsely representing yourself or others will put you at risk for account termination.
7. Termination of use by us
Sometimes people forget about the terms written here and post content or act in a way while on PhotoFeeler which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused, paid services to:
suspend or revoke your registration (where applicable) and your right to access and/or use PhotoFeeler or submit any content to PhotoFeeler; and make use of any operational, technological, legal, or other means available to enforce the terms (including without limitation blocking specific IP addresses). We are not obliged to notify you if your access to PhotoFeeler and/or your account area is to be or has been suspended or terminated.
8. Termination of use by you
Content that you have uploaded to PhotoFeeler may still appear on PhotoFeeler following termination of your registration.
You can report any abuse or complain about content on PhotoFeeler by contacting us, outlining the abuse and or complaint.
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
12. Disclaimer of warranties and limitation of liability
If for any reason your use of the PhotoFeeler site elicits legal threats or consequences to you, we expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of PhotoFeeler, and expressly disclaim any liability for content uploaded by you or by any other user.
13. Expiration of Credits
A credit's lifetime is defined as the lifetime of the organization.
If we are sued as a result of your use of PhotoFeeler then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of PhotoFeeler, the uploading or submission of content to PhotoFeeler by you or your conduct, other than in accordance with the terms or any applicable law or regulation (“Claim”). PhotoFeeler retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
You expressly agree that exclusive jurisdiction for any dispute with PhotoFeeler or in any way relating to your use of the site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving PhotoFeeler or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These terms are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles.
PhotoFeeler has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on PhotoFeeler and provides that information on an "as is", "as available" basis. PhotoFeeler does not give or make any warranty or representation of any kind about the information contained on PhotoFeeler, whether express or implied. Use of PhotoFeeler and the materials available on it is at your sole risk. PhotoFeeler cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from PhotoFeeler is free of viruses or other harmful components. You accept that PhotoFeeler will not be provided uninterrupted or error free, that defects may not be corrected or that PhotoFeeler, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. PhotoFeeler is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We reserve the right to modify, amend or change these terms at any time (a “change”). If we do this then the changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the terms. In certain circumstances, we may send an email to you notifying you of any change. You should regularly check this page to take notice of any changes.
If you do not accept any change to the terms, you should stop using PhotoFeeler immediately. Your continued use of PhotoFeeler following any change constitutes your acceptance of the change and you will be legally bound by the new updated terms.
If, for any reason, any of the terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the terms and the remainder of the terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The terms set out the entire agreement and understanding between us and you in relation to your use of PhotoFeeler and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the terms shall operate as a waiver of such right or acceptance of any variation of the terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the terms and the contracts (Rights of Third Parties) Act 1999 shall not apply to the terms.
The terms were last updated on: June 17, 2016.