FotoJack.com User Agreement
The following information describes the terms on which fotojack.com offers you access to our services.
Thank you for visiting fotojack.com ("MRD"), a website from Dharma Capital, Inc., where we bring your athletic achievements
to the web. PLEASE NOTE: There are certain terms and conditions governing the use of our website and it is important that you
read and understand them. By using this site, you are indicating your acceptance of these terms and conditions. If you have
any questions that are not answered in our Frequently Asked Questions section, please contact us at
customerservice@fotojack.com. If you do not agree with the terms in this
Agreement, please exit the site.
Website
Fotojack.com is owned and operated by Dharma Capital, Inc.. All content including but not limited to written copy, graphical
design, creative design, logos and tag-lines are owned by Dharma Capital, Inc. and are protected by United States and
international copyright, trademark, patent, trade dress and other laws relating to intellectual property rights.
Fees and Services
Joining the fotojack.com team as an event director or photographer is free. Searching for images and viewing previews of
them on fotojack.com is free. Once you place an item in your shopping cart, you will have the opportunity to review and accept
the fees you will be charged for the purchase of that item. Unless otherwise stated all fees are quoted in US dollars. You are
responsible for paying all fees and applicable taxes associated with your purchase on fotojack.com.
Digital Images
All digital images found at any time on fotojack.com have been licensed to fotojack.com for worldwide sales and distribution
by the photographer who created the digital image. All of these images are protected by United States and International copyright
laws and may not be reproduced for commercial use without expressed written consent of fotojack.com.
You can purchase the digital image file from the fotojack.com web site. Once purchased, a download link for the high-quality
digital image file will be sent to you via e-mail. The purchased digital image is intended for "personal use" (as defined below
in Article 1) only. You may not use or reproduce a digital image in such a manner as to suggest an affiliation with or endorsement
by any person, product or entity that is not affiliated with you. Digital images may not be used for any type of "commercial use"
(as defined below in Article 2) without the prior written consent of fotojack.com. You also agree not to modify, alter or otherwise
manipulate any digital images on fotojack.com including without limitation to downloading any digital images, adding other
materials to a digital image, or copying and digital images without fotojack.com's prior written consent.
Article 1 - Personal Use
You may use the image(s) you purchase from fotojack.com for your personal, noncommercial use at home. You may download and use
the image(s) on a single computer for your personal, noncommercial use provided you abide by all credit and copyright notices
associated with the image(s).
Regarding fotojack.com e-postcards, you agree to abide by the notion that they are made available to you for personal,
noncommercial use. E-postcards may not be used in any form of chain letters, commercial solicitations, mass mailings or any form
of "spam". You are solely responsible for any content of the messages within your e-postcards. You agree not to use fotojack.com
e-postcards to send messages that are obscene, threatening, abusive, profane, defamatory or that violate the rights of any third
party. You agree to not hold Dharma Capital, Inc., its officers, partners, employees, affiliates, subsidiaries, licensors and
representatives responsible for any claims against fotojack.com as a result of your use of fotojack.com e-postcards.
Article 2 - Commercial Use
Commercial use as defined within this Agreement relates to any use of the fotojack.com images for anything other than Personal
Use as defined in Article 1. Commercial use includes, but is not limited to, the use of images for monetary profit, use in
magazines, websites, publications of any nature, not withstanding newsletters, catalogs, brochures, and newspapers. Commercial
use also includes mass reproduction of images. The images sold to you from fotojack.com are restricted from commercial use by
the laws that govern copyright infringement.
Legal Disclaimer
The laws relating to rights of privacy or publicity are extensive and fotojack.com makes every effort to comply with these laws.
However, fotojack.com does not guarantee or warranty the accuracy, or reliability of the digital images. Fotojack.com will make an
effort to remove any image that is deemed inappropriate by either fotojack.com or the individual represented in the image. To have
an image removed please contact customerservice@fotojack.com with the image link
and reason for removal. Fotojack.com makes every effort to ensure that the functionality of its Web site is in line with business
objectives but cannot guarantee this. Issues pertaining to but not limited to server failure, power failure, development flaws,
and viruses within images and/or servers are possible occurrences and thus users of this site acknowledge that it is at your own risk.
Indemnification
If you infringe on any intellectual property rights relating to the photographs, or this website, reproduce, manipulate,
distribute or otherwise exploit the photographs on fotojack.com, or any portion thereof, in any way not authorized by fotojack.com,
you agree to indemnify and hold Dharma Capital, Inc., its officers, partners, employees, affiliates, subsidiaries, licensors and
representatives, harmless against any damages of any kind including, without limitation, lost business or profits, direct, indirect,
incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either
this website or the photographs.
General
This agreement shall be governed in all respects by the laws of the State of Missouri. The prevailing party in any dispute
concerning the contents of this Agreement shall be entitled to recover its reasonable attorneys' fees and costs. The parties agree
that this Agreement is deemed to have been made in the State of Missouri, USA. Neither party shall be granted permission to modify
any of these terms and conditions except by a writing signed by a fotojack.com representative. |
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