Terms of Service

By using the Fotodeck.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Fotodeck reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.fotodeck.com/terms_of_service.

Violation of any of the terms below will result in the termination of your Account.

Account Terms

You must be 13 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your full business name, a valid email address, and any other information requested in order to complete the signup process. You are responsible for maintaining the security of your account and password. Fotodeck cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Cancellation and Termination

Fotodeck, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Fotodeck reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service

Fotodeck reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Copyright and Content Ownership

All content posted on the Service is must comply with U.S. copyright law. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

Fotodeck and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You understand that Fotodeck uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fotodeck. We may, but have no obligation to, remove content and Accounts containing sexually suggestive or pornographic (as defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings") material, as well as content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Account holders may first be given an opportunity to remove or replace the content prior to removal by Fotodeck. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. Fotodeck does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that Fotodeck shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fotodeck has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The failure of Fotodeck to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Fotodeck and govern your use of the Service, superseding any prior agreements between you and Fotodeck (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at [email protected].