Welcome to fotoshoot.com. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH fotoshoot.com OFFERS YOU ACCESS TO ITS SERVICES. You must be at least 13 years old to become a fotoshoot.com member and/or use any fotoshoot.com services. In addition, before you can become a fotoshoot.com member and/or use the fotoshoot.com Web site if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or guardian.
If you want to become a fotoshoot.com member, please review this Terms of Service Agreement. By registering to become a fotoshoot.com member, clicking on the "I Agree" button and/or otherwise using the fotoshoot.com Web site you agree to the terms, conditions, notices and guidelines contained in this Terms of Service Agreement and, where applicable, you represent that you have obtained permission from your parent or guardian.
Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on October 2009.
fotoshoot.com provides a variety of free and paying online services including but not limited to email, home pages, professional directories, online portfolios, bulletin boards and discussion groups accessible through various URL's including but not limited to http://fotoshoot.com and its affiliate sites ("fotoshoot.com Web Site","this Web Site","fotoshoot.com resources","services"). These services are usable by all registered users and may be viewed by non-registered users, with the exception of the paying services that are limited to paying members only but may be viewed by non-registered users. Modeling agency scouts using the fotoshoot.com Agency Services (hereinafter "Professional Members") may also be able to view your online portfolio.
fotoshoot.com is not a Talent Agency. fotoshoot.com does not represent you or its members as an agent, manager or otherwise. By paying the applicable membership fee, you are paying for the right to post your online Portfolio on fotoshoot.com and access various fotoshoot.com paying member-only services. Your fotoshoot.com portfolio may be seen by Professional Members who use fotoshoot.com's services. Professional Members who use fotoshoot.com's services may be charged a commission or fee related to their use of the fotoshoot.com service but fotoshoot.com members are not charged any commission or fee related to their employment received from Professional Members through fotoshoot.com. fotoshoot.com does not offer services directly related to any member's future employment, and fotoshoot.com does not take any commissions or other fees from its members in connection with any employment a member might obtain. Accordingly, you are responsible for the applicable membership fee regardless of whether or not you secure work and/or are contacted by a Professional Member.
In order to use fotoshoot.com's resources, you must obtain access to the world wide web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the World Wide Web.
By using any of fotoshoot.com's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. fotoshoot.com has the right to suspend or terminate your account if you violate the above or fotoshoot.com has reason to believe that you have violated the above.
fotoshoot.com does not permit children under the age of 13 to become members, post home pages or web sites or online portfolios or obtain chat rooms and email accounts on our service. In addition, before you can become a fotoshoot.com member and/or use the fotoshoot.com Web site if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or guardian.
It is fotoshoot.com's policy to respect the privacy of its members. fotoshoot.com will not monitor, edit, or disclose any personal information about you or your fotoshoot.com account, including its contents, without your prior permission unless fotoshoot.com has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of fotoshoot.com; 3) enforce the TOS; or 4) act to protect the interest of its members or others. fotoshoot.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.
However, you agree that fotoshoot.com may access your account, including its contents, as stated above or to respond to service or technical issues.
You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "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 fotoshoot.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of fotoshoot.com's services. fotoshoot.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by fotoshoot.com's members or visitors do not necessarily represent those of fotoshoot.com.
fotoshoot.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, fotoshoot.com, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS and/or for violation of the forum rules posted in the member forums.
You agree to notify fotoshoot.com immediately of any unauthorized use of your account or any other breach of security.
The following is a non-exclusive list of actions and content that are prohibited on fotoshoot.com's site:
fotoshoot.com does not claim ownership of the Content you place on your fotoshoot.com Portfolio or in other sections of the fotoshoot.com Site. By submitting Content to fotoshoot.com for inclusion on your fotoshoot.com Portfolio or in other sections of the fotoshoot.com Site, you grant fotoshoot.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your fotoshoot.com Portfolio and/or the fotoshoot.com section your portfolio is listed in and/or your content on fotoshoot.com's Internet properties. This license exists for as long as you continue to be a fotoshoot.com member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from fotoshoot.com of the removal of your content. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of fotoshoot.com and its services will comply with this Terms of Service Agreement without violating the rights of others.
fotoshoot.com respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. fotoshoot.com will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify fotoshoot.com of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged Infringement sufficient to enable fotoshoot.com to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide fotoshoot.com with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected] You must include in your counter notice sufficient information to enable fotoshoot to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
At registration time and until you receive notice from fotoshoot.com of any changes to its fees or billing methods, you will be subject to the fees and billing methods set forth for the membership subscription type you select during the online registration process and/or in the materials presented to you in connection with any offline registration process and/or set forth in this Terms of Service Agreement. fotoshoot.com reserves the right to change its fees or billing methods at any time, in case fotoshoot.com changes its fees or billing methods notice will be provided at least thirty (30) days in advance by email and/or by posting a notice on the fotoshoot.com Web site. Changes to fotoshoot.com fees or billing methods will not adversely affect you during the current term of your membership for services you have already paid for.
fotoshoot.com members can pay for their memberships only by a credit card. If you pay by credit card and select to have your membership automatically renewed in your account preferences or during registration, your membership will automatically be renewed on the day before its expiration date, and credit cards are automatically billed, on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until such membership is terminated. If you do not select to have your membership automatically renewed in your account preferences or during registration you will not billed or charged for renewal and your account will automatically expire on its expiration date. If you pay by other means you will be invoiced on a yearly basis until your membership is terminated. In addition, every time you use fotoshoot.com's services or Web site, you reaffirm that fotoshoot.com is authorized to charge your credit card or bill you (even though such use is not a pre-condition to fotoshoot.com's authorization to do so.) You are also responsible and liable for any fees, including attorney and collection fees that fotoshoot.com may incur in its effort to collect any remaining or unpaid balances from you.
You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, other members, or your family or friends.
You also agree that you will be billed for an will pay any outstanding balances if you cancel your membership or your membership is terminated. You should let fotoshoot.com know about any billing problems or discrepancies within sixty (60) days after they first appear on your account statement. If you do not bring such problems to fotoshoot.com's attention within sixty (60) days, you agree that you waive your right to dispute any outstanding balance or payment.
In addition, items other than subscription fees may be subject to charges, fees, and/or payment terms other than as described herein; such charges, fees, or other terms will, however, be described in connection with the product, service, or other offerings to which such charges, fees, and/or terms relate.
You can update or correct your contact and billing information at any time. Just as you want to make sure that information fotoshoot.com has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can go to 'Edit Account' at http://my.fotoshoot.com to make the necessary changes.
fotoshoot.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay fotoshoot.com liquidated damages of $5 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your fotoshoot.com account, or fotoshoot.com's actual damages, whichever is greater.
Due to 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 States or the country in which you reside.
You agree to indemnify and hold fotoshoot.com, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.
Currently, each fotoshoot.com free email address allows particular individuals to have 5MB of disk space for email. fotoshoot.com reserves the right to amend or modify this provision in the future.
fotoshoot.com provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically fotoshoot.com reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that fotoshoot.com should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
fotoshoot.com runs advertisements and promotions on fotoshoot.com sites. By creating your fotoshoot.com site, you agree that fotoshoot.com has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that fotoshoot.com should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
Links to the World Wide Web and other resources may be available through fotoshoot.com's services. Because fotoshoot.com has no control over such sites and resources, you acknowledge and agree that fotoshoot.com is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that fotoshoot.com is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.
a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. fotoshoot.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. fotoshoot.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER fotoshoot.com NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
(b) fotoshoot.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. fotoshoot.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
UNDER NO CIRCUMSTANCES SHALL fotoshoot.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. fotoshoot.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON fotoshoot.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. fotoshoot.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE fotoshoot.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. fotoshoot.com DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF fotoshoot.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH fotoshoot.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF fotoshoot.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF fotoshoot.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
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 15 AND 16 MAY NOT APPLY TO YOU.
The Term of your Membership begins on the date you register as a Member of fotoshoot.com (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the fotoshoot.com database) and will continue on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until you cancel your Membership as set forth below, unless it is otherwise canceled by fotoshoot.com pursuant to this Terms of Service Agreement.
You can cancel your Membership at any time by delivering thirty (30) days notice to fotoshoot.com via E-mail sent to: [email protected] or by mail addressed to: fotoshoot.com, Attn. Customer Relations, 1133 Broadway, suite 221, New York, NY 10010. Write "Membership Cancellation" on the envelope to speed up processing of your request. You can also cancel onscreen by going to 'Edit Account > Cancel Membership' at http://my.fotoshoot.com. You are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation and for all Membership or subscription fees payable through the natural expiration of your Membership (i.e., through the next annual or monthly renewal date as applicable).
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.
This TOS constitutes the entire agreement between you and fotoshoot.com and governs your use of the service, superseding any prior agreements between you and fotoshoot.com (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and fotoshoot.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and fotoshoot.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York.
The failure of fotoshoot.com 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 endeavor 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. 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 or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.