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Terms and Conditions of Use


PhotographyTalk Policies and Terms of Use
 Version 1.4 (May 2014)


PhotographyTalk.com is a discussion forum stressing digital photography in all its aspects. PhotographyTalk.com was created so that photographers and photography enthusiasts would have an online community where they can share their interest in photography and learn from one another.  

We encourage the sharing of ideas and opinions on the topic of photography, but PhotographyTalk.com is not an “anything goes” website.  PhotographyTalk.com users come from all locations and backgrounds, and have diverse thoughts, beliefs, and feelings.  Keep this in mind when you participate in the community and treat others with respect.  Postings that attack another person’s postings motivation, intelligence, or character degrade the quality of the discussion and discourage thoughtful comments by others.  Comments posted to the site should be either in the form of sincere questions or responsive answers, otherwise they are not likely to be useful.  PhotographyTalk does not, and cannot, review all of the information and materials provided in the Forum and has no responsibility or liability for any such information or materials or their use. If PhotographyTalk becomes aware of any information or materials that it determines violate the terms of this Agreement or the Forum policies promulgated by PhotographyTalk from time to time or that PhotographyTalk otherwise deems inappropriate in its sole discretion, PhotographyTalk reserves the right to delete, move, or edit any such information or materials for any or no reason whatsoever in order to maintain the direction and tone that has been established on the site. Furthermore, we reserve the right to make any modification we deem necessary or desirable to any message posted to the Forum.

PhotographyTalk makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available on or via this Web Site (collectively, "Forum") or with respect to any messages, information, or materials contained in the Forum. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.

To the extent that you use the Forum, you covenant that you will: (i) comply with the Forum policies promulgated by PhotographyTalk; (ii) be solely responsible for your use of the Forum and any messages, information, and materials provided by you or through another user making use of your password; (iii) not advertise or offer to sell goods or services of any kind on any Forum area without written approval from PhotographyTalk; and (iv) not upload, post, publish, or transmit any messages, information, or materials that (a) restrict or inhibit any other user from accessing, using or enjoying the Web Site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of PhotographyTalk or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (g) contain any viruses or other harmful component.

We respect our users’ intellectual property, and claim no copyright to anything posted on the site by our users.  However, as a stipulation of using PhotographyTalk.com, we retain the right to keep and display anything posted by users on PhotographyTalk.com as part of the site indefinitely.  If you are not prepared to accept these terms, please do not upload or contribute anything to PhotographyTalk.com.

Please familiarize yourself with our Community Guidelines. For the lengthier version of these standards, see below.  

TERMS OF USE

Acceptance

By visiting or using PhotographyTalk.com, owned by PhotographyTalk, Inc., including all content and functionality available through the PhotographyTalk.com domain (collectively, the “Site” or “PhotographyTalk.com”, “PhotographyTalk”, “we”, “us”, or “our” as appropriate), you agree to be bound by the following Terms of Use and to our Privacy Policy, found HERE, which is incorporated by reference into the Terms of Use (the “Terms”).  By your acceptance of the Terms, each time you use the Site, you consent to PhotographyTalk.com’s collection, use and disclosure of your information or registration data in accordance with our Privacy Policy.  You also agree to follow our existing “Community Guidelines” found HERE, and any future Guidelines that we may issue. These Guidelines are published on PhotograpyTalk.com and incorporated into the Terms by reference.  References to the “Terms” include the Privacy Policy and any applicable Community Guidelines that are issued now or in the future.  The Terms apply to all visitors and users of the Site, including users who contribute content or information and subscribers to other services on the Site.  The Terms apply to individuals or entities on whose behalf a user accesses the Site.  If you do not agree to the Terms, do not use the Site.

We may revise, modify or chance the Terms at any time at our discretion with or without notice.  Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified.  It is your responsibility to regularly review the Terms.

User Content, Posting on Forums, Photo Galleries and Other Public Areas

PhotographyTalk.com includes information, images, photos, commentary, content, opinions, and materials that our users upload (“User Content”).  You agree to upload and post only User Content that you have created yourself.  PhotographyTalk is not responsible for the accuracy, safety, or intellectual property rights of or relating to User Content.   We do not test or verify any User Content on the Site.  While we do not knowingly accept User Content that violates another’s rights, we are not responsible if it happens.

You are responsible for your User Content, whether posted in the chat rooms, forums, photo galleries or other public posting areas on the Site.  You agree to conform to Site policies and guidelines concerning the size, length, format, subject, content, and relevancy of User Content.  Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.

User Content may not include photos or other images or material that an individual might find offensive, indecent and/or objectionable.  We will determine, in our sole discretion, whether User Content containing nudity is acceptable.  Our decision is final even if an individual user disagrees with our judgment.  We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion or convenience.  When removing images that are contained in User Content, we may remove only the images to which we object, all the images in a folder, or all the images in the User’s portfolio, at our convenience and discretion.

User Content may be, and often is, edited.  Our editors and moderators, most of whom are volunteers, strive to highlight User Content that we determine to be most interesting, valuable, or useful to our community.  We reserve the right to edit, redact, or delete any User Content that you upload to the Site, at our sole discretion.  PhotographyTalk.com also contains materials from experts, organizations and advertisers (“Third Party Content”).  PhotographyTalk is not responsible for the accuracy, reliability or usefulness of Third Party Content.

Intellectual Property Rights

PhotographyTalk owns all rights to the Site, its services, the technology, information, documents, files, webpages, and other products developed in connection with the Site or available on the Site.  Submitting User Content to any area of the Site does NOT transfer ownership rights.  You retain the ownership rights to your User Content.  By submitting User Content, however, you give certain limited rights to both PhotographyTalk and other PhotographyTalk.com users.

You grant to other PhotographyTalk.com members permission to download a copy of images contained in your User Content, to make such alterations and markups for the purpose of commentary as they see fit, and to attach the modified images to their comments on your User Content.  You also grant other Site users the right to quote your User Content in their own postings on the Site.

You grant PhotographyTalk the right to edit, modify, quote, or reformat your User Content on the Site.  You also grant us a perpetual non-exclusive world-wide, royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content on the Site and to promote the Site.
Other than User Content or Third Party Content, we, and/or our software suppliers, own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and such content is protected by U.S. and international copyright and other intellectual property rights. PhotographyTalk’s selection, coordination and arrangement of content on the Site are the exclusive property of PhotographyTalk, and are protected as a compilation by U.S. and international laws.  All software used on the Site or in conjunction with its operation is the property of PhotographyTalk and/or its software suppliers and is protected by U.S. and international copyright laws.

Conduct of Users

Your right to access and use the Site is subject to the following prohibitions:

You may not use the Site to advertise products or services, to solicit users to buy and sell products or services, or to make donations of any kind, without first obtaining the express written approval of PhotographyTalk.  The only exception to this rule is that private parties may use the classified section to sell personal property.

You may not reproduce or distribute, or cause to be reproduced or distributed, any image or material that you retrieve from the Site, without the express prior permission of both PhotographyTalk and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the ordinary course of viewing or commenting on other’s User Content using a web browser in accordance with PhotographyTalk’s guidelines and the Terms.

You may not use the Site to violate anyone’s copyright, trademark, intellectual property rights, or privacy rights.  The User Content that you submit must be your work in its entirety.

You may not use or launch any automated system, including “robots”, “spiders”, or “offline readers”, that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

From time to time, you may have access to other user’s email addresses.  You may not gather these email addresses for purposes of spamming or for any purpose other than personal communication.  You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.

You may not post obscene, pornographic, degrading, harassing or humiliating User Content on the Site.  Please refer to our Community Guidelines for further explanation of what is acceptable in this regard.  You may not post or transmit any false, defamatory, abusive, threatening or illegal User Content or User Content that infringes on the rights of others or the ability of others to enjoy the Site.  We have the right to determine, in our sole discretion, whether User Content violates these restrictions or is otherwise unfit for the Site.  We have the sole right to delete, modify, or edit any such User Content that you upload to the Site.

Failure to abide by these restrictions may result in sanctions including termination of your user privileges on PhotographyTalk.com and cancellation of your account, as well as legal sanctions, if applicable.

User Accounts and Security

As a User, you must create an account to access certain features of the Site.  You are responsible for making sure that your account is accurate and up-to-date, particularly if you change email providers.  If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your PhotographyTalk.com account.  You are also responsible for maintaining the confidentiality of your password and account.  You are responsible for all activities that occur on your account, whether or not you authorize them, you acknowledge that we rely on your email address to keep you apprised of certain information on the Site.  If we attempt to contact you and find that your email address is inoperable, your PhotographyTalk.com account may be suspended.  You are responsible for keeping your email address accurate and up-to-date at all times.
You agree to manage your account in a safe and reasonable manner.  You agree to notify PhotographyTalk immediately of any unauthorized use of your password or account, or any other breach of security.  You expressly agree that PhotographyTalk will not be liable for any loss or damage arising from your failure to comply with these requirements.

We use all reasonable security measures to protect the loss, misuse, and alteration of the information under our control.  Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security.  Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the Site.
If you live outside the United States, you understand and agree that PhotographyTalk stores and processes your information on computers located in the United States, and by providing any data to PhotographyTalk.com, you consent to the transfer of such information to the United States.

pt+ Account

PhotographyTalk.com, Inc. provides "premium" services to holders of its 'pt+' Account. In addition to other terms and conditions containing in this agreement, these specific terms and conditions apply to holders of our pt+ Account:
Your 'pt+' Account subscription is personal. It is intended only for you and is restricted to your use only. As a consequence, you may not share or allow anyone else to use your personal subscription, including anyone else in your company. Nor may you sell, assign or transfer your 'pt+' Account subscription. Any attempt to do so is void. Any violation of these terms and conditions will result in our immediate termination of your 'pt+' Account.

  1. Our services available to pt+ Account holders are specifically described on the Account page.
  2. PhotographyTalk.com provides each new pt+ Account holder with a 90-day trial. At any time during this 90-day trial period, a new pt+ Account subscriber may cancel its account subscription and receive a full refund of the account price it has paid. If, however, a new holder continues to use its pt+ Account after this 90-day free-trial period has ended, PhotographyTalk.com will not refund this holder’s payment.
  3. Each year, on the anniversary date, a holder’s subscription to a pt+ Account will automatically renew for the following year at the advertised renewal price.  A pt+ Account holder may cancel its current subscription at any time up to 90 days after it has been automatically renewed for another year. If, however, a holder uses its pt+ Account after this 90-day cancellation period has ended, PhotographyTalk.com will not refund this holder’s annual subscription payment.
  4. To request a refund, a holder must send a cancellation notice to [email protected] within the required 90-day period. It must include with its request its username and full name as it appears in the holder’s PayPal account or on its credit card. PhotographyTalk.com will honor any legitimate refund request and make a refund payment to the holder’s specified account within 14 business days after it has received the holder’s request.
  5. PhotographyTalk.com, at its sole discretion, for any reason and at any time, may immediately—without previous notice—modify, suspend or discontinue Services it provides to a pt+ Account holder. If we suspend or discontinue Services to a pt+ Account holder, this holder will not be entitle to receive any refund of any subscription fees it has previously paid.
  6. Even though we may, at our sole discretion, decide to offer other users different or additional features and services than those we offer our pt+ Account holders, our decision is not grounds for a holder to terminate its account and request a refund, other than as allowed.

 

Third Party Websites

The Site contains links to third party websites that we do not own or control, including sites that may appear within User Content.  PhotographyTalk does not review or edit the content of any third party links, and PhotographyTalk has no control over what happens at any third party website.  PhotographyTalk assumes no responsibility for the content, policies or practices of any third party websites.  You expressly agree to release PhotographyTalk from any liability that arises from your use of a third party website.

Subscriptions and Paid  Services

1.    Certain portions of our services are available for a fee to our subscribers. 

2.    We use a third-party payment processor to process your financial information through a link on our website. 

3.    At our discretion and at any time, we may alter, revise or modify the terms of your subscription.

4.    If we change a subscription program, we will endeavor to provide subscribers with comparable services for the remainder of their subscriptions. 

5.    If you terminate your subscription—other than as we have allowed—or we terminate your subscription for any reason, you will not receive a refund of any subscription fees you have previously paid.



Legal Age and Ability to Accept Terms

The PhotographyTalk.com website is not intended for minors under the age of 18.  By using the Site, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms.  If you are under 18, please do not post User Content or use this Site.

Notices

From time to time, PhotographyTalk uses its users’ email addresses to send email notices about matters relating to the Site. Users are responsible to keep email addresses current.  PhotographyTalk shall not be responsible for any failure of notice due to an out-of date email address.

Account Termination

PhotographyTalk reserves the right to terminate your account or your access to and use of PhotographyTalk.com’s services at any time, at its sole discretion for any reason, with or without cause.  If you violate these Terms, PhotographyTalk may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies.  We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.

Indemnity

You agree to indemnify and hold PhotographyTalk.com and PhotographyTalk, Inc., its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms.  You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any User Content you post on the Site.

Reservation of Rights

You may access PhotographyTalk.com content, including user content, only as permitted under the Terms.  We reserve all rights not expressly granted in and to the Site.  We reserve the right to discontinue any aspect of the Site at any time.

General

The Terms and this Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws.  The Terms contain the entire agreement between you and us and govern your use of the Site.  PhotographyTalk may also assign any rights and licenses granted in the Terms without restriction.  You also maybe be subject to additional terms and conditions that may apply when you use or purchase certain other PhotographyTalk services, affiliate services, third-party content, or third-party software.  In the case of inconsistencies between the Term and any information included in off-line materials, the Terms shall take precedence.  Any claim or dispute with PhotographyTalk arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of California.  If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions.  You understand and agree that if you have any claim or dispute with PhotographyTalk, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred.  If you fail to bring an action within that one year period, your claim against the Site and/or PhotographyTalk is permanently barred.  

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY PHOTOGRAPHYTALK ON AN “AS IS” AND 
“AS AVAILABLE” BASIS. PHOTOGRAPHYTALK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, PHOTOGRAPHYTALK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAPHYTALK DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR E-MAIL SENT FROM PHOTOGRAPHYTALK.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PHOTOGRAPHYTALK BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE PHOTOGRAPHYTALK.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGE ARISES FROM USE OR MISUSE OF THE PHOTOGRAPHYTALK WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PHOTOGRAPHYTALK WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PHOTOGRAPHYTALK WEBSITE OR THE SERVICES, OR VIEWING OF PHOTOS, ITS HOSTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, PHOTOGRAPHYTALK CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITES, OR THE COPYING OF PHOTOS OR MATERIALS BY ITS USERS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTOGRAPHYTALK OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

WE DO NOT GUARANTEE THAT PHOTOGRAPHYTALK WILL BE SAFE OR SECURE. PHOTOGRAPHYTALK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEER MODERATORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PHOTOGRAPHYTALK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PHOTOGRAPHYTALK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PHOTOGRAPHYTALK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

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