Terms of Use Agreement

Terms of Use Agreement
Photoblog.com is a photograph storage and sharing service. This website and service is operated by Photoblog.com ("Photoblog").By using the Photoblog.com website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a member, communicate with other members, and make use of the Photoblog service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the registration form.

This Agreement sets out the legally binding terms for your use of the Website and your membership in the Service, and may be modified by Photoblog at any time and without prior notice. Such modification shall be effective upon posting by Photoblog.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after such modification is posted. This Agreement includes Photoblog's policy for acceptable use and contact posted on the Website, Photoblog's Privacy Policy, and any information and notices regarding the Website.
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 16 years of age or older and that your use of Photoblog.com shall not violate any applicable law or regulation. Your account and photoblog may be deleted without warning, if it is found that you are misrepresenting your age, and that you are younger than 16.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. Photoblog may terminate your membership for any reason and at any time. Even after Membership is terminated, this Agreement will remain in effect.
Non Commercial Use by Members
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Photoblog. Illegal and/or unauthorized use of the Website, including collecting usernames, email addresses, and/or other types of contact information of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken. Advertisments, affiliate links, and other forms of solicitation may be deleted from Member profiles without notice, and may result in the termination of the Member's account and profile. Appropriate legal action will be taken by Photoblog for any illegal or unauthorized use of the Website.
Proprietary Rights in Content on Photoblog
Photoblog owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Photoblog and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, public, transmit, distribute, perform, display, or sell any such proprietary information.
Member Conduct
You understand that the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair Website. In addition, you agree not to use the Service or the Website to:
  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available 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;
  • intimidate or harass another;
  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.
Content Posted on the Site
You understand and agree that Photoblog may review and delete any content, photographs, messages, or profiles (collectively "Content") that in the sole judgement of Photoblog violate this Agreement or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any Member. Your submitted profile information must describe you. You may not portray yourself to be an fictional character, nor are you allowed to impersonate anyone or anything that is not you.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

You retain all of your ownership rights to your Content. However, by submitting the Content to Photoblog, you hereby grant Photoblog a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Photoblog Website and Photoblog's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Photoblog Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Photoblog Website a non-exclusive license to access your Content through the Website as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Content from the Photoblog Website.

Photoblog reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit spam or junk emails to other Members. You may not use information obtained from the Service to harass, abuse, or harm another person, or in order to advertise to or solicit any Member without their prior consent.
Copyright Policy
Posting, distributing, or reproducing copyrighted material, trademarks, or other proprietary information in any way is strictly prohibited without the written consent of the owner of the proprietary rights. Photoblog will, upon review, terminate the account of any Member who intentionally infringes copyright upon notification by the owner of the copyright, or the owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Photoblog can be reached at info@photoblog.com.
Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor and take action in disputes between you and other Members.
Use of the Website and/or the Service is governed by our Privacy Policy.
Photoblog.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Photoblog.com is not responsible for the conduct, whether online or offline, of any users of the Website or Member of the Service. Photoblog.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of destruction or unauthorized access to, or alteration of, user or Member communications. Photoblog.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Photoblog.com be responsible for any loss or damage, including personal injury or death resulting from anyone's use of the Website or the Service, any Content posted on the Website or trasmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Photoblog.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Photoblog.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Photoblog.com or through or from the Service shall create any warranty not expressly stated herein.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Photoblog.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Photoblog.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Photoblog.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Photoblog.com for the Service during the term of membership.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Photoblog.com regarding the use of the Website and/or the Service. The failure of photoblog.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.