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
- 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.
- 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.
- 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
- 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.
- Miscellaneous - The Agreement is being executed in English language and all modifications or changes shall be made in the same language.
- 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.
- 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
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.
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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