Terms of Service

Terms of Service

This website is owned and operated by Fotogurus Private Limited ("Fotogurus", "we", or "us"). The terms and conditions below apply to your use of this website and the content and services provided herein (collectively, the "Service"). They also apply to your purchases of any photographic prints and other photographic products offered by Fotogurus through the Service. So please read these Terms of Service carefully. By using the Service or any portion thereof, you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, do not use the Service. You must be at least eighteen (18) years of age to use the Service. If you are not at least eighteen (18) years of age, do not use the Service.

1. General Terms

  1. Changes to this Agreement - There can be changes in the terms of this Agreement at any time. You can view the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You shall be solely responsible for checking these terms periodically for changes. Your act of using Fotogurus after the changes take effect signifies Your acceptance of the new terms.
  2. Entire agreement - This Agreement and any policies posted on Our Website constitute the entire agreement between You and Us regarding the subject matter of this Agreement and supersede all previous written or oral agreements.
  3. Governing Law - All legal proceedings shall be subject to the jurisdiction of the courts in Chennai, India and shall be governed by and construed in accordance with the laws of India and You agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Chennai.
  4. Invalidity; assignment- If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. We may assign this Agreement at any time; You may not assign this Agreement to anyone else without Our express written permission
  5. Right of Survivorship and Non-Transferability - You agree that Your account is non-transferable and any rights to Your account or Contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all Contents therein permanently deleted.
  6. Miscellaneous - The Agreement is being executed in English language and all modifications or changes shall be made in the same language.
  7. Relationship - This Agreement does not constitute any joint venture, partnership, employment or agency relationship between You and Us. You may not use Fotogurus's name or any of its trademarks or logos in any advertising or marketing materials without Fotogurus's prior written approval.
  8. Waiver - It is expressly understood that if either party on any occasion fails to perform any term of this Agreement and the other party does not enforce that term, the failure to enforce on that occasion shall not prevent enforcement on any other occasion

2. Service

Fotogurus hereby grants you a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. Fotogurus strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, repairs, or other reasons. You agree that Fotogurus will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between Fotogurus and you, Fotogurus may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.

3. Accounts

To obtain a Fotogurus account, you must register as a member. You agree that all information you provide to us in the registration process will be accurate, current, and complete, and that you will update this information from time to time as necessary to keep it accurate, current, and complete. You will be assigned, or will be asked to choose, one or more passwords when you register as a member. You must keep your passwords confidential. You are responsible for all activities that occur under your passwords. You must notify Fotogurus immediately if you believe any of your passwords are no longer confidential, or if you believe someone has used any of your passwords without authorization. Fotogurus may, at any time and for any reason, require you to choose a new password. Except as otherwise expressly provided in a separate written agreement between Fotogurus and you, Fotogurus may cancel or discontinue your member account at any time and for any reason.

4. Conduct

You agree that you will not use the Service or any portion thereof:

  • for any unlawful purpose;
  • to upload, post, or transmit any content that (i) is threatening, abusive, obscene, defamatory, or libelous, (ii) infringes upon or violates any rights of privacy or publicity, or any copyright, trade mark, or other intellectual property right, (iii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else's computer software or equipment (e.g., content that contains a computer virus), or (iv) could otherwise give rise to any civil or criminal liability under applicable law;
  • for any commercial purpose other than as expressly permitted in a separate written agreement between Fotogurus and you;
  • to transmit any advertising, promotional materials, or other forms of solicitation that have not been authorized by Fotogurus;
  • to attempt to access another member's account without permission;
  • to impersonate another person or entity, or to misrepresent your affiliation with another person or entity; or
  • to interfere with or disrupt (or attempt to interfere with or disrupt) the Service.

Fotogurus does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. Fotogurus reserves the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable.

5. Photographer services

Fotogurus does not provide, guarantee, or endorse any of the products or services advertised or presented by photographers in Fotogurus. All dealings, understandings, and agreements regarding such products and services are solely between you and the photographer. Any dispute you have with a photographer found through Fotogurus is solely between you and that photographer.

6. Forums

From time to time the Service may include bulletin boards, chat rooms, or other such forums ("Forums"). Except as otherwise noted, any information and opinions expressed in the Forums are not those of Fotogurus. You are solely responsible for all content you post on or submit to the Forums, and such content must comply with these Terms of Service. You acknowledge and agree that Fotogurus has no obligation to monitor the Forums and you are not relying upon Fotogurus to monitor the Forums. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT FOTOGURUS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN OR THROUGH THE FORUMS.

7. Links

The Service may contain links to third-party websites. Fotogurus does not endorse those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites.

8. Intellectual Property

Photographer Content Photographers retain their full rights to Content they upload to this Website, including photographs, videos and digital products, biographies, and business information created by Photographers and Fotogurus shall not acquire any rights of the Photographers by virtue of the uploads. Other Content All of the content on this website other than the content provided by you is referred to herein as the "Content." You may view the Content for personal, non-commercial purposes only, and you may download copies of the Content only as is necessary and incidental to your acts of viewing it. Except as expressly provided in this paragraph, you may not use, reproduce, display, store, modify, distribute, transmit or otherwise exploit the Content or any portion thereof in any form, medium, technology, or manner without the prior written consent of the owner thereof, and all other rights in the Content are expressly reserved by Fotogurus and its licensees. You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content and to grant the rights and licenses to such content as granted herein. If there is a separate Photographer Purchase Agreement with Fotogurus that addresses Fotogurus's use of photographs and/or other content that you post on this website or provide to Fotogurus, then that agreement shall govern Fotogurus's use of that particular content. For all other content, you hereby grant to Fotogurus a perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, distribute, and otherwise exploit such content and any derivatives thereof in any form, medium, technology, or manner now known or later developed. All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of Fotogurus or its licensors or suppliers.

9. Reporting Copyright and Other Violations

Fotogurus does not police the content posted on this website by photographers and other users, and is not responsible for the acts or omissions of those third parties. However, Fotogurus respects the intellectual property, privacy, and publicity rights of others, and we ask photographers and other users of the Service to do the same. If your photograph appears on this website without your consent and you wish to have it removed, please email us at support@fotogurus.com with your request and provide the URL to the photograph in question. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide Our authorized authority with the following information: I. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; II. A description of the copyrighted work or other intellectual property that You claim has been infringed; III. A description of where the material that You claim is infringing, is located on Our Site, with enough detail that We may find it on the Site; IV. Your address, telephone number, and email address; V. A statement by You that You have a good faith and belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; VI. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, We may, in Our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, We do not ensure that any such Content will be edited or removed. However We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.

10. Disclaimers

The service, the content, and the products are all provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties regarding the service, the content, and/or the products (including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and/or non-infringement, and any implied warranties arising from course of dealing or course of performance) are expressly disclaimed. To the fullest extent permissible under applicable law, Fotogurus does not warrant that access to the service or the content will be uninterrupted or error free, that defects in the service, the content, or the products will be corrected, or that the service or the server that makes it available will be free of viruses or other harmful components. Fotogurus does not warrant or make any representations regarding the use of the service or any content or product in terms of its correctness, accuracy, reliability, or otherwise. You acknowledge that your use of the service, the content, and the products is at your own risk. You specifically acknowledge that the submission of any data or images to Fotogurus, and the upload or download of any data or images through the service, is done at your own discretion and risk, and that you will be solely responsible for any loss of or damage to such data or images. You are solely responsible for creating and maintaining backups of all data and images that you upload to the service. Applicable law may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

11. Limitations of Liability

To the maximum extent permitted under applicable law, Fotogurus shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, lost revenue or profits (collectively, "indirect damages"), in any way arising out of or related to the service and/ or any products, even if Fotogurus has been advised of the possibility of such damages. Without limiting the foregoing, to the maximum extent permitted under applicable law, Fotogurus's maximum, aggregate liability to you in connection with the service and/or any products shall not exceed the total amounts that you have paid to Fotogurus in connection therewith. The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Applicable law may not allow the exclusion or limitation of liability for indirect damages, so some of the above limitations may not apply to you. In the event that such limitations do not apply to you, then Fotogurus's liability is limited to the greatest extent permitted by law, and Fotogurus's liability for indirect damages shall not exceed $100.00.

12. Indemnification

You agree to indemnify and hold harmless Fotogurus, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of I. any images or other content that you post on this website or otherwise transmit through the Service, II. any use or misuse of the Service by you or any other person who accesses the Services using your account, III. any violation of these Terms of Service by you or any other person who accesses the Services using your account.

13. Software

In connection with the Service, Fotogurus may make software available to you. To download such software, you may be required to agree to a separate software license agreement. Third party software is subject to that third party's terms and conditions, and the agreement will be between you and that third party. Fotogurus does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses. Fotogurus does not offer any warranty on any software that you download. Moreover, you are responsible for compliance with all applicable laws, including but not limited to Indian export laws and regulations, when you use or export any software or materials provided in connection with the Service.

14. International Use

Fotogurus makes no representation or warranty that the Service or the Content is appropriate or available for use in locations outside India, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or the Content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

15. Email Policy

You may receive emails from Fotogurus if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, Fotogurus intends to include an easy way for you to choose to cease receiving emails from Fotogurus. Please note that, if you do choose to cease receiving emails from Fotogurus, it can take up to seven (7) business days for your instructions to take effect. If you have receive any unwanted, unsolicited emails from Fotogurus (or purporting to be sent from Fotogurus), please forward a copy of that email with your comments to support@fotogurus.com for review. We respect your time and attention by monitoring the frequency of our mailings. PHOTOGRAPHER TERMS AND CONDITIONS By establishing an account or using the Website, Photographers agree to both the general terms and conditions and to the additional terms and conditions applicable to Photographers. Fotogurus reserves the right to modify or add further conditions to the Photographer Terms and Conditions, including but not limited to changes in billing terms, privacy policy, new functionality and access restrictions. Fotogurus will provide 30 days notice for changes to billing terms, termination of Services, mergers, and acquisitions. Fotogurus will post that notice on the Website and provide a link to that notice on the home page of the Website and on the account dashboard at login. It is each Photographer's responsibility to maintain a valid email account and to update Fotogurus with the Photographer's current email information. It is each Photographer's responsibility to regularly check the email account provided to Fotogurus or this Website in order to be aware of any communications or notices. Each Photographer hereby specifically agrees that a notice sent to the Photographer email account or posted on this Website constitutes sufficient notice. A. Photographer Services Fotogurus may offer different levels of services depending on the Photographer's subscription plan. It is each Photographer's responsibility to be informed of these terms and conditions, as well as the various levels of services provided by Fotogurus. For detailed description and comparison of different levels of services available please refer to the Fotogurus Pricing page. Subject to the conditions set forth in this agreement, Fotogurus may provide Photographers with the services (hereafter referred to as "Photographer Services") described on the Fotogurus Pricing webpage. Fotogurus will make reasonable efforts to maintain images, information, media, or data provided by Photographer in the course of operation of the Website, but each Photographer agrees that I. Fotogurus does not provide a "locker" or archive service or otherwise warrant or guarantee that it will succeed in maintaining the images, information or media for the Photographer; II. the Photographer shall be responsible to maintain back up copies of his or her works at all times; and III. Fotogurus shall not liable for any loss of images, information, media, or data. B. Photographer Responsibilities It is each Photographer's responsibility to become familiar with our Privacy Policy. Fotogurus shall notify the Photographer electronically of all orders placed within 24 hours. Fotogurus shall notify the Photographer of any refunds or fee disputes by any Purchaser. Each Photographer is responsible for any and all activity that occurs under the Photographer's user name or account. Each Photographer is responsible for obtaining permission and proper release documentation from any person whose image is posted by the Photographer on Fotogurus. While Fotogurus has the right to refuse or remove any material or activities on its Website in its full discretion, Fotogurus specifically reserves the right to censor and delete any images where Fotogurus, in its sole judgment, lacks confidence in the documentation of a proper release. C. Account Charges and Balances A first-time account holder who is dissatisfied with the service may obtain a refund of charges actually paid by him or her to Fotogurus in connection with that account if, within 30 days of opening the account, he or she requests cancellation of the account and a refund. Any such request must be communicated to Fotogurus by sending e-mail to support@fotogurus.com. Fotogurus will provide, as part of its fulfillment services included in Photographer Services, an account where payments to Photographers from Purchasers will be held. Fotogurus will pay out account balances upon request. Fotogurus will pay account balances to Photographers via CCAvenue, electronic bank transfer, or bank check, if available, within (5) business days from the request. Notwithstanding the previous sentence, Fotogurus shall have the right to withhold payouts pending investigation of suspicious account activity and to refuse or defer payment for its own protection or for an offset of Photographer's obligations to Fotogurus where Fotogurus considers account activity to be in bad faith or to violate the User Agreement. Fotogurus reserves the right to pay out all or some account balances at the end of every calendar year, at the sole discretion of Fotogurus. Fotogurus will charge Photographer accounts periodically to collect amounts owed for Fotogurus Services. In the event that Photographer's account has a negative balance, Fotogurus shall have the right to discontinue placement of orders from the Photographer's account until the negative balance is cured. Each Photographer agrees that Fotogurus may terminate any account at Fotogurus's discretion. Nothing in the Photographer Terms and Conditions shall limit Fotogurus's right to pursue all remedies allowed by law to collect on delinquent accounts. D. Photographer Restrictions on Use You must be over 18 years of age in order to open an account with Fotogurus. E. Renewal and Termination Unless otherwise instructed, Fotogurus will renew each Photographer's subscription automatically at the end of each billing period. Photographers must notify Fotogurus of their wishes to discontinue service no less than 10 days prior to the end of a billing period; otherwise Fotogurus reserves the right to renew Photographers' subscriptions and charge Photographers accordingly. Each Photographer agrees that Fotogurus may terminate each Photographer's subscription and/or access to and use of the Photographer Services, with or without cause at any time at the sole discretion of Fotogurus, for any reason. Violation of the Conditions listed in this agreement may prompt Fotogurus to take any necessary action that Fotogurus deems appropriate to enforce its right including but not limited to the institution of legal proceedings. Each Photographer agrees to give Fotogurus 30 days notice to terminate a Photographer's account at the Photographer's request. Fotogurus will not refund the remainder of the fee for the current Billing Period in the event of termination by a Photographer. F. License Granted by Photographers By delivering or transmitting images or any other media to Fotogurus, Photographers grant Fotogurus a nonexclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available the images or other media as Fotogurus deems appropriate for the sole purpose of providing the Photographer Services. All other rights in transmitted images or media, including copyright, remain with the Photographer. Each Photographer understands and agrees that Fotogurus may (but is not required to) make backup copies of any images, information, or media transmitted by Photographer to Fotogurus and may keep archives of them for the purpose of maintaining business records of Fotogurus and preserving evidence of its Website activity. Each Photographer represents and warrants that the Photographer owns or otherwise controls all of the rights to any images, information, or media that the Photographer transmits to Fotogurus; that use of the such images, information, or media supplied by the Photographer and the rights that the Photographer conveys to Fotogurus does not violate this agreement and will not cause injury to any person or entity; and that the Photographer will indemnify Fotogurus for all claims demands, causes of action, judgments, liabilities, losses, and expenses arising from the images, information, media, or data supplied by the Photographer. Each Photographer agrees that Fotogurus has the right in its sole discretion, but not the obligation, to edit or remove any activity or images, information, or media. Each Photographer understands and agrees that Fotogurus takes no responsibility and assumes no liability for any images, information, or media posted by the Photographer or any third party. Any license between a Photographer and a Purchaser is the sole responsibility of the parties. Photographers may prepare their own licenses, or they may modify sample licenses provided by Fotogurus. Photographers acknowledge that Fotogurus provides NO warranties and bears no responsibility for the correctness or appropriateness of ANY digital product license, whether produced by the Photographer or created from a sample provided by Fotogurus. All digital image licenses are entered into by Photographers and Purchasers at their own risk. It is the sole duty of the Photographer to ensure that the entered license comports with the laws of the jurisdiction desired or designated by the Photographer. G. Software Download Component Fotogurus may introduce software for Photographers to upload photographs. By subscribing to the Photographer Services, each Photographer agrees to download and install a software component on the machine that the Photographer will use for access to the Photographer services. Each Photographer is aware that this software will be used for uploading files. This software is proprietary to Fotogurus and is protected to the full extent of the law. Each Photographer agrees to use this software solely for the purposes provided in this agreement. Fotogurus is not responsible for any damages arising out of or related to the use of this software. H. No Employment Relationship Nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship between Fotogurus and Photographer. Photographers are not entitled to any of the benefits which Fotogurus may make available to its employees. Photographers are not authorized to make any representation, contract or commitment on behalf of Fotogurus without prior written authorization to do so by an officer of Fotogurus. Photographer shall be solely responsible for, and will file, as required by law, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Conditions of this agreement. Photographer shall be solely liable for any failure to pay applicable taxes. Fotogurus will not withhold any part of Photographers' compensation for the payment of any social security, federal, state or any other employee payroll taxes. Fotogurus will report amounts paid to Photographers by filing appropriate forms with the Internal Revenue Service as required by law for independent contractors.