Terms of Use

By using PhotoPodium you agree to all the terms below.

By using or accessing the photopodium.com website or using the service made available by PhotoPodium (the “Service”) you agree to be bound by these terms of use (“Terms of Use”).

The Service is owned and provided to you by PHOTO PODIUM INC corporation shall have and may exercise all of the power conferred by the Business Corporation Law of the State of NEW JERSEY , THESE TERMS OF USE CREATE LEGAL RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND PHOTOPODIUM. IF YOU DO NOT AGREE TO BE BOUND THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICE.

VIOLATING THESE TERMS OF USE MAY, IN PHOTOPODIUM’S SOLE AND ABSOLUTE DISCRETION, RESULT IN TERMINATION OF YOUR PHOTOPODIUM ACCOUNT.

You understand and agree that PhotoPodium cannot and will not be responsible for User Content posted to the Service. You use the Service at your own risk.

Basic Terms

  • You may use the Service only if you can form a binding contract with PhotoPodium, and only in compliance with these Terms of Use and all applicable laws. Generally, this means you must be at least 18 years of age to use the Service.
  • If you create a user account in connection with your use of the Service, you are responsible for any activity that occurs through such account. You agree that you will not assign any rights associated with your account (including your user name, support information and associated User Content). You will not create an account for anyone other than yourself (except as an authorized representative of an entity you legally represent). You agree not to solicit, collect or use the log-in credentials of other users of the Service.
  • You represent that all information you provide to PhotoPodium when you register for an account (and thereafter) is, and will continue to be, true and accurate, current and complete. You agree to update your registration information as and when necessary to maintain its truth and accuracy.
  • You are responsible for keeping your password and other log-in information that you consider to be confidential (such as your third party payment information for the “support me” feature) secret and secure.
  • Comments should generally be supportive or constructive. You must not defame, bully, threaten, stalk, abuse, harass, impersonate or intimidate third parties through comments or other User Content posted to the Service.
  • You are responsible for all User Content you submit to the Service as well as your conduct while using the interactive features of the Service (such as comments). You shall not create or submit unwanted e-mail, comments, or other forms of harassing or commercial communications (for example, “spam”) to any PhotoPodium users.
  • Interference with or disruption of the Service or its accompanying servers or networks (including by transmission of viruses, worms, spyware, malware, or other disruptive code) is prohibited, nor is injecting content or code into, or otherwise altering, the PhotoPodium page to modify the way it is rendered or displayed in your browser.
  • Accounts may not be created with automated devices, such as bots, spiders, web crawlers or scrapers.
  • Posting unlawful, hateful, pornographic, violent, discriminatory, profane or infringing photos or other content is expressly prohibited.
  • Posting to the Service confidential information about yourself or third parties (including social security number, credit card information, non-public telephone numbers/e-mail addresses) is prohibited.
  • You may not use the Service for any illegal or unauthorized purpose. You must verify and comply with all laws, rules and regulations applicable to your use of the Service and your User Content, including but not limited to copyright laws.
  • Advertising information such as domain names or URL’s must not be used as part of your user name.

Property Rights

  • You own all of the content and information you post on PhotoPodium, and you can control how it is shared
  • For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PhotoPodium (IP License).
  • Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and will not sell your photos without your permission.
  • If you are using PhotoPodium to sell prints and downloads of your photos for profit, you give us permission to print photos and deliver downloads. Your photos will be kept safe.
  • The PhotoPodium name and logo, together with the “Site for professionals and amateurs” tagline are trademarks of PhotoPodium and may not be copied, imitated or used, in whole or in part, without the prior written consent of PhotoPodium.
  • PhotoPodium does not claim ownership of User Content posted to, appearing on or comprising the Service.
  • PhotoPodium is not responsible for, and does not endorse or support, any particular User Content posted to the Service. PhotoPodium may, but is not obligated to, monitor, edit or remove any User Content.
  • PhotoPodium may, but is not obligated to, monitor, edit or remove any User Content
  • The Service may be supported by advertising revenue (now and in the future). Advertisements and promotions may appear adjacent to or in proximity with User Content. You hereby agree that PhotoPodium may place such advertising and promotions on, in or about the Service in conjunction with your User Content. The manner, method and mode of such advertising and promotions may change without notice to you.
  • By submitting User Content you are expressly authorize other users to collaborate with you in submission of their independent User Content to create a dynamic and collaborative photosets. You acknowledge that you do not gain any rights in the User Content submitted by other users, whether or not such User Content becomes a part of a photoset you create or collaborate upon. All User Content submitted to the photoset by you and others shall be subject to the license set forth above.
  • You expressly represent and warrant that you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use. The posting and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party. You agree to pay for all royalties, fees and any other monies owed by reason of User Content you post on or through the Service and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Disclaimer of Warranties

The Service, together with all included content, are provided on an “as is”, “as available” and “with all faults” basis without any representation, warranty or endorsement of any kind, whether express or implied.

PHOTOPODIUM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES AND INTEGRATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICE, COSTORY CONTENT, THIRD PARTY CONTENT, USER CONTENT OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COSTORY OR TO THE SERVICE. PHOTOPODIUM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOPODIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES.

Miscellaneous

These Terms of Use shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court for any claim arising out of your use of the Services.

PHOTOPODIUM reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms Use from time to time and the most current version will always be posted on the photopodium.com website. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new Terms of Use, please discontinue your use and access of the Service.


Last Modified: Feb 23, 2017

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