PHOTRIO Limited Terms of Service
Updated Aug, 2017
ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
PHOTRIO Limited ("PHOTRIO LIMITED") terms of service. These Terms of
Service ("TOS") apply to services, web sites and interactive services
owned or operated by PHOTRIO LIMITED which include, but are not limited
to, PHOTRIO.COM & PHOTRIO.LTD. The TOS applies to each visitor to
and user of the Services, including unregistered and registered users,
advertisers and paying advertisers, and paying subscribers
(individually "User" and collectively, "Users"). Certain additional
terms apply to paying subscribers which are set forth in Article II
below. By visiting or using the Services you are agreeing to abide by
PHOTRIO LIMITED may change the TOS at any time and the changes will
become effective 15 days after posting the revised TOS (the "Effective
Date"). You can review the most current version of the TOS at any time
You are responsible for checking periodically for changes and your
continued use of the PHOTRIO LIMITED Services after the Effective Date
indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be posted from time
to time on a particular Service that will also apply to use of such
Service, and such Guidelines are incorporated by reference into the
TOS. PHOTRIO LIMITED may also offer certain Services that are governed
by different terms of service and such different terms of service will
be posted and govern the use of such Service.
2. PHOTRIO LIMITED Services
A. Service Changes and Discontinuation. Our Services provide you with
access to a rich collection of online resources, including various
communication tools, online forums, personalized content and branded
programming. Some Services are presently provided free of charge and
others require payment. PHOTRIO LIMITED reserves the right to change or
to discontinue temporarily or permanently the Services at any time
without notice. You agree that PHOTRIO LIMITED will not be liable to
you or any third party for any modification or discontinuance of the
B. Service Limitations. We work hard to make your experience enjoyable.
However, we cannot always anticipate technical or other operational
difficulties which may result in loss of data, personalization settings
or other service interruptions. For this reason, you agree that the
Services, including the services of our third-party service providers,
are provided "AS IS" and "AS AVAILABLE". Neither PHOTRIO LIMITED nor
our third-party service providers assume responsibility for the
timeliness, deletion, mis-delivery or failure to store any data,
communications or personalization settings. Please refer to Section 6
below for full details.
D. Posting User Content; No Endorsement of User Content. You are solely
responsible for all User Content (as defined in the next sentence) that
you upload, post, email, transmit or otherwise make available on or
through the Services (collectively, "Post"). "User Content" means
User-Posted content or information of any type or medium, including but
not limited to: letters, emails or other messages; other forms of
communication through the Services; personal User information; board
posts; reader reviews; blogs, data, notes and testimonials; poll votes;
images; audio or video files; and software. You may Post only User
Content which you own, have created or which you have clear permission
to Post. You acknowledge and agree that PHOTRIO LIMITED does not
endorse any User Content and is not responsible or liable for any User
Content, even though it may be unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar, obscene, or otherwise
objectionable, or may infringe upon the intellectual property or other
rights of another. You acknowledge that PHOTRIO LIMITED does not
pre-screen User Content, and has no obligation to do so, but that
PHOTRIO LIMITED will have the right (but not the obligation) in their
sole discretion to refuse, edit, move or remove any User Content that
is posted on or through the Service.
E. Third Party Sites; Our Services may provide you with opportunities
links or other opportunities to purchase or use certain sites,
services, products, applications or content offered by or through
PHOTRIO LIMITED's third-party providers and systems, including but not
limited to advertisers, classified ad placements, content and ecommerce
providers (collectively "Third-Party Services"). Your use of any
Third-Party Services is subject to any terms of service or conditions
of use associated with the Third-Party Services. PHOTRIO LIMITED does
not control Third-Party Services and is not responsible for any
Third-Party Services or for the contents thereof, including, without
limitation, any links that may be contained in or accessible through
Third-Party Services. PHOTRIO LIMITED does not endorse any Third-Party
Services or any products, content or communications linked to or
accessible from the Services. You agree you are wholly responsible for
making your own independent judgment regarding your user or interaction
with Third-Party Services.
F. Classified Ads. The classified ad listings on PHOTRIO LIMITED
websites such as classified sales or trades are use at your own risk.
PHOTRIO LIMITED does not control User submitted classified ads and is
not responsible for any ads or for the contents thereof, including,
without limitation, any links that may be contained in or accessible
through Third-Party Services. PHOTRIO LIMITED does not endorse any
classified ads or any products, content or communications linked to or
accessible from the Services. You agree you are wholly responsible for
making your own independent judgment regarding your user or interaction
with classified ads.
G. Affiliate Marketing Programs. Photrio.com uses a variety of
Affiliate Programs to generate revenue. Please see our full
affiliate disclosure by clicking here.
In order to help pay for the expenses involved in running this website,
we use a variety of affiliate programs to generate revenue.
3. General Rules
For the benefit of the entire PHOTRIO LIMITED services, and to comply
with applicable laws, we have certain general rules, which PHOTRIO
LIMITED will construe in its sole discretion. Because violation of
these rules may be grounds for immediate termination of your right to
use the Services or other actions by PHOTRIO LIMITED, you should
carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate,
current and complete information about yourself as requested in the
Services registration forms (the "Registration Data"). You agree to
update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process on any
of our websites, you will receive an account and select a password. You
are responsible for maintaining the confidentiality of your password
and account, and you are fully responsible for all activities that
occur under your password or account. In the event of any unauthorized
use of your password or account or any other breach of security, you
must notify PHOTRIO LIMITED immediately and promptly change your
password. Please visit our contact links.
C. Obey the Law. You agree not to use the Services for illegal purposes
or for the transmission of material that is unlawful, harassing,
libelous (e.g., untrue and damaging to others), invasive of another's
privacy, abusive, threatening, or obscene, or that infringes the
copyright (e.g., rights of an owner or authorized user of material) or
other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services,
including all Web site designs, text, graphics, photos, audio, video,
the selection and arrangement thereof, and all software that are part
of the Services (collectively, the "Content") is owned or licensed by
PHOTRIO LIMITED and/or its licensors. All Content is made available to
you for your personal, non-commercial use and may be stored on a
computer only for such use. The Content is protected by copyright,
trademark, service mark, patent and other proprietary rights and laws.
Publication, sale, redistribution in any form or medium, as well as
modification or use of the Content, except as expressly permitted, is
prohibited without the prior written permission of PHOTRIO LIMITED.
Information transmitted by our staff in emails or the private message
systems is intended only for the person or entity to which it is
addressed and may contain confidential and/or privileged material. Any
review, dissemination, retransmission or any other use of, or taking of
any action in reliance upon, this information by persons or entities
other than the intended recipient is prohibited.
E. Limits on Use of the Services. You agree not to engage in any of the
following: (i) use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, data scrape,
copy or transfer any part of the Services or the Registration Data or
other data of any User (whether individually or in the aggregate); (ii)
probe, scan or test the vulnerability of the Services, or breach the
security or authentication measures on the Services; (iii) reverse
look-up, trace or seek to trace any information on any other User of
the Services, including any PHOTRIO LIMITED account not owned by you,
to its source, or exploit the Services in any way where the purpose is
to reveal any information, including but not limited to personal
identification or information, other than your own information as
provided for by the Services; (iv) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Services; (v) use any device, software or routine to interfere or
attempt to interfere with the proper working or authorized uses of the
Services or with any other person's use of the Services; (vi) forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any message transmittal you send on or through the Services;
and (vii) impersonate any other individual or entity or misrepresent
your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for community forums,
video sharing, photo sharing, user pages, blogs or other tools or
applications for communicating, posting, or creating User Content
(collectively the "User Tools"), you agree to use the User Tools only
to post User Content that is proper and related to the particular
forum. By way of example, and not as a limitation, you agree that when
using the User Tools, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Post files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have expressly received
all necessary consents.
Post files or content that contains viruses, corrupted files, or any
other similar software or programs that may damage the operation of
Advertise or offer to sell any goods or services for any commercial purpose.
Post surveys, contests, pyramid schemes or chain letters.
Download any file posted by another User of a forum that you know, or
reasonably should know, cannot be legally distributed in such manner.
Restrict or inhibit any other User from using and enjoying any public area of the Services.
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded, or
impersonate any person or entity or falsely state or misrepresent your
affiliation with any person or entity.
If you choose to use language, such as a user name or avatar that, in
PHOTRIO LIMITED's sole discretion, is obscene, indecent, offensive, or
abusive or that might otherwise be objectionable or inappropriate, we
reserve the right without prior notice to you to delete or change the
offending language including your user name or avatar.
Forum Participation rules
Members (includes standard members and subscribers)
-Please note that with each post, your IP address is recorded, in the
event that you need to be banned from this forum or your ISP contacted.
This will only happen in the event of a major violation of these rules.
-Posting under multiple usernames will typically be outed to the community and result in possible ban.
-PHOTRIO Ltd does not tolerate personal attacks and will delete such posts and ban users if necessary.
-If a staff member contacts you asking for changes in your posting
style or habits, please abide by them or face removal from the system.
-If you vehemently disagree with a moderators decision contact us
offline -DO NOT TAKE IT OUT ON THE MODERATOR. Do not post a thread to
discuss your disagreement, and do not send hostile messages to staff.
We are very protective of our staff and will swiftly remove accounts
that show hostility towards them.
-Cursing/swearing is tolerated but not encouraged. Excessive swearing or swearing in topic titles could result in being banned.
-You may not start fights or induce fights in the forums. Use private
means to resolve a dispute. Open flaming will result in removed posts,
possible warnings and/or bans.
-Do not cross post a message in the forums (posting the same thread in
multiple forums for more help/attention). Pick a forum, post the
message, and let it be.
-no general politics (if the thread involves photography it may be
allowed until it becomes unproductive, then it will be moved to a "Soap
-no religious/political discussions or statements in the general forums (this includes forum signatures)
-no digital vs. traditional threads
-Spamming is not tolerated. If it becomes blatant that your signature
and user account are often or predominantly involved with self
promoting your products you may be warned or banned. Active members who
contribute to the community are allowed signature links to their
business or websites and an ocassional (we stress OCASSIONAL) plug of
their work, typically 1 or 2 times per year depending on how much they
-When are links to external sites permitted? If you are linking to off
site content which YOU OWN OR ARE AFFILIATED WITH it must be a direct
link to the content and not a blanket link to your content. For example
a link to your article should be www.mysite.com/article1.html NOT
www.mysite.com *Be warned using PHOTRIO websites as a vehicle to post
links to your external sources can be regarded by management and forum
users as a form of spamming and elicit an extremely negative response
from the community. The *occasional direct* link to your own content is
acceptable but if it is all you tend to do when using our services
we'll have to evaluate your membership.
-If you are engaged in a constructive argument, make sure your posts
are clear and that you aren't inadvertently starting a flame war.
-In some extreme cases we may place you on a "watchlist", which means
you can post messages but we must approve them first. If you post and
it does not appear it is likely your posts are being monitored first.
Do not try to argue a case against being placed on the watchlist, or
how long you will be on the watchlist. Post approvals for watchlist
users happen several times a day, please do not ask when your post will
be approved. We will not waste time explaining why certain posts will
not be approved.
-Multiple accounts are not allowed and may be merged to your old
account, deleted or placed in a hidden state by the forum software(you
may or may not be notified of these actions).
-Use common sense when posting.
-Questions regarding digital techniques or digital techniques connected
with traditional processes should be posted in the digital or hybrid
areas only, not the analog areas
-Do not publicly post any personal details of individuals who have not
explicitly given their blessing for you to do so (for example
addresses, email addresses, phone numbers). Such information will be
removed as it will be indexed across the internet possibly against
their will. Private off line exchange of such information is fine.
Linking to contact information which they have posted is also another
method that is acceptable.
-Refrain from discussing members who were banned. Such discussion is
unfair when the person in question can not post to defend themselves or
*Our sites run custom software to auto-identify problem user accounts.
For example if your account continues to constantly be reported by a
variety of established members and a variety of our membership has
chosen to ignore your account, then your activity may automatically
become invisible. You may not be aware this has even happened. If you
discover your account has been made invisible you can contact us
privately to discuss. The threshold for this is extremely high
and is a strong indication your account has been far too disruptive to
continue operating on the site.
-Poaching is basically when an active member(s) of our websites
(typically disgruntled member(s) or participant(s) of competing
websites trying to gain new members) use clandestine methods of
contacting our membership on a mass scale, trying to convince them to
"try out" or "have a look" at a different website, the idea being to
either poach members away from our services to the site of their
preference or poaching to build numbers on external websites. If we are
made aware that certain individuals are engaged in using our systems
for poaching, it would be grounds for banning the poachers account.
This is absolutely a form of spam and we are adding this policy to our
additional spam policies throughout our system. If you've been
contacted by someone that is engaging in this type of spamming, please
let us know (your anonymity will be guaranteed.)
Sponsors (Advertisers and their affiliates)
Due to the growth of the system and the amount of sponsors we require
that sponsors and their affiliates are to stay out of discussion
regarding other sponsors threads or other sponsors products. This for
example prevents sponsor A from posting something such as "We have a
new camera bag out that is far superior to sponsor B's bags", or maybe
the guy who designed the bag for sponsor A, posting claims that sponsor
B and C have poorly made bags, etc. When this sort of thing is allowed,
it can only end in forum wars between sponsors. Is this censorship? To
some degree yes, the sponsors are being asked to stay in their
respective corners. It is sad that such a policy is needed but we
refuse to end up with forums full of these types of wars. Typically
sponsors do this on their own anyway, however from time to time we have
some sponsors or those involved with them, banging heads until there is
an all out escalation that sours the forums.
2) User Tools. PHOTRIO LIMITED and its affiliates reserve the right to
terminate your access without refund to any or all of the User Tools at
any time without notice for any reason whatsoever.
3) Monitoring. PHOTRIO LIMITED and its affiliates have no obligation to
pre-screen or monitor the User Tools or the content Posted on or
through any User Tools. However, PHOTRIO LIMITED and its affiliates
reserve the right at all times to edit or remove any content or
communications, in whole or in part, in PHOTRIO LIMITED 's or any of
its affiliates' sole discretion and to disclose any information or take
any action as necessary to satisfy any applicable law, regulation,
legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are
generally public, not private, communications and others may read your
communications without your knowledge or consent. You should not have
any expectation of privacy relative to your communications through the
User Tools. Always use caution when posting personal information
especially when posting information that could personally identify you.
Your posting of any User Content through the User Tools is done at your
own risk. PHOTRIO LIMITED is not responsible for its theft, copying or
placement of that User Content on other media or networks. PHOTRIO
LIMITED and its affiliates do not control or endorse the content,
messages or information found in any community and, therefore, PHOTRIO
LIMITED and its affiliates specifically disclaim any liability with
regard to the User Tools and the content therein and any actions
resulting from your participation or the participation of others using
the User Tools. Community managers, moderators, council members and
hosts are not authorized spokespersons of PHOTRIO LIMITED or any of its
affiliates, and their views do not necessarily reflect those of PHOTRIO
LIMITED and its affiliates. Community managers, moderators, council
members and hosts do, however, set standards on their own community
areas. By posting User Content through the User Tools you grant PHOTRIO
LIMITED certain rights as described in Section 4A below.
Any material or third party software downloaded through or for the use
of the Services is done at your own discretion and risk, and PHOTRIO
LIMITED will not be responsible in any way for any damage to your
computer system or loss of data that results from the download of any
such material. No advice or information, whether oral or written,
obtained by you from the Services or our third party service providers
will create any warranty not expressly stated.
4. Rights You Grant to PHOTRIO LIMITED.
A. User Content. By submitting any User Content through or to the
Services, including on any User Tools or User Pages, but excluding any
User Content you submit on PHOTRIO LIMITED Blogs, you hereby
irrevocably grant to PHOTRIO LIMITED, its affiliates and distributors,
a worldwide, royalty-free, non-exclusive, and fully sub-licensable
license, to use, reproduce, modify, adapt, translate, publicly perform,
publicly display, create derivative works from, transfer, transmit and
distribute on the Services, in connection with promotion or elsewhere,
such User Content (in whole or in part) and to incorporate the User
Content into other works in any format or medium now known or later
developed. PHOTRIO LIMITED will take reasonable precautions to help you
to keep your email and voicemail messages private. The foregoing grants
shall include the right to exploit any proprietary rights in such User
Content, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction.
With respect to User Content you Post for inclusion on publicly
accessible areas of PHOTRIO LIMITED Blogs, you grant PHOTRIO LIMITED
the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such User Content on the Services or on
any media. You agree that the foregoing grant of rights by you to
PHOTRIO LIMITED and its affiliates is provided without any the
entitlement of payment of fees or consideration.
B. Account Access. In order to ensure that PHOTRIO LIMITED is able to
provide high-quality services that are responsive to Users' needs, you
agree that PHOTRIO LIMITED representatives will have access to your
account and records as reasonably needed to investigate complaints. You
are responsible for providing all personal computer and communications
equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 16. PHOTRIO
LIMITED will not knowingly collect personally identifiable information
on or through the Services from anyone under 16. Please be aware that
certain areas on the Services contain mature content and there may be
posted specific age restrictions to access and view such areas. You may
be exposed to Content on the Services that you find offensive, indecent
or objectionable. By using the Services you assume all risk associated
with its use. We encourage parents to supervise their children's use of
the Services and maintain open communication regarding appropriate
materials for use and viewing by their children. Note to Parents. If
you have any concerns about the Services, please contact us via our
6. Other Legals
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTRIO LIMITED, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS (COLLECTIVELY, THE "PHOTRIO LIMITED PARTIES") EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE PHOTRIO LIMITED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL
MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER
FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY PHOTRIO
LIMITED PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS.
CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY
OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF
YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE PHOTRIO
LIMITED PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW. To the extent that any part of this section is not consistent with
any other part of the TOS, then this Disclaimer of Warranties will
C. Limitation of Liability. YOU AGREE THAT THE PHOTRIO LIMITED PARTIES
WILL NOT BE LIABLE TO YOU 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 THE PHOTRIO LIMITED PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE
USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER
PROVISIONS OF THIS AGREEMENT, ANY PHOTRIO LIMITED PARTY IS FOUND TO BE
LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY
CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE PHOTRIO LIMITED
PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY
SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF
THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL
CLAIM MADE AGAINST PHOTRIO LIMITED, OR (II) NZ$100.00.
D. Indemnification. You agree to protect and fully compensate the
PHOTRIO LIMITED Parties from any and all third-party claims, liability,
damages, expenses and costs (including, but not limited to, reasonable
attorneys' fees) arising from your use of the Services, or violation of
the TOS by you or any other user of your account (whether or not
E. Copyright Infringement. If you believe that content you own has been
used on the Services in a way that violates your copyright or other
intellectual property rights, please provide PHOTRIO LIMITED's
Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner,
its agent, or the law; and
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.
PHOTRIO LIMITED's Desigated Agent for Notice of claims of copyright or
other intellectual property infringement can be reached as follows:
number available on request
By email: email@example.com
F. Miscellaneous. PHOTRIO LIMITED's rights under the TOS may not be
waived unless PHOTRIO LIMITED agrees to such change in writing. The TOS
and your account on the Services are personal to you and may not be
transferred or assigned. The TOS is governed by New Zealand law,
without regard to its conflicts of law provisions; and you hereby
consent to the exclusive jurisdiction of and venue in the court system
located in New Zealand. in all disputes arising out of or relating to
the Services. Use of the Services is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and
conditions, including without limitation this Section. PHOTRIO
LIMITED's performance of the TOS is subject to existing laws and legal
process, and nothing contained in the TOS is in derogation of our right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Services or information
provided to or gathered by PHOTRIO LIMITED with respect to such use. If
any part of the TOS is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the TOS shall continue in
effect. The TOS, together with any additional terms and conditions or
policies referred to and incorporated herein (including additional
terms applicable to various parts of the Services and the Privacy
Policy), constitutes the entire understanding between you and PHOTRIO
LIMITED regarding the Services. A printed version of the TOS and any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to the TOS to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. The parties have agreed that the TOS shall be written in English.
G. Notices. PHOTRIO LIMITED may give you notice of certain events from
time to time and may be required by law to notify you of certain
events. You hereby acknowledge and consent that such notices will be
effective upon our posting them on our Services or delivering them to
you through email if you have provided PHOTRIO LIMITED with your
accurate email address.
Direct questions or notices to PHOTRIO LIMITED as follows:
number available on request
ARTICLE II. Subscription Terms of Service
Certain Services provided by PHOTRIO LIMITED require registration and
payment (such Services are referred to as the "Premium Services"). The
terms and conditions contained in this Article II (the "Subscriber
TOS") apply to each subscriber to a Premium Service, including but not
limited to Photrio.com subscriber benefits. THE SUBSCRIBER TOS IS IN
ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE TOS, AND THE TOS
IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE TOS,
INCLUDING THE SUBSCRIBER TOS, CAREFULLY PRIOR TO COMPLETING YOUR
REGISTRATION FOR A PREMIUM SERVICE. BY REGISTERING FOR THE PREMIUM
SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THE SUBSCRIBER TOS AS WELL AS ALL OTHER PROVISIONS OF
THE TOS. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS
OF THE TOS (INCLUDING THE SUBSCRIBER TOS), YOU MUST DISCONTINUE THE
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1. Payment Obligation and Credit Card Authorization. You are
responsible for paying any and all charges relating to your Premium
Service account, including without limitation, periodic subscription
fees (the initial fee and automatic renewals if you setup automatic
renewals). You grant PHOTRIO LIMITED permission to charge your credit
card (or other approved facility) to pay for all such charges. The
subscription fee will be billed at the beginning of your subscription
and on each annual, quarterly or monthly renewal thereafter, dependant
on the original subscription term selected at registration, unless you
cancel at least 10 days prior to the renewal date pursuant to the
process set forth below.
2. Renewal and Cancellation of Your Subscription. You grant PHOTRIO
LIMITED permission to automatically renew your subscription and charge
your account up to five (5) days prior to the day on which your
subscription is scheduled to end. However, you may "opt out" of this
automatic renewal by contacting us and canceling on your own or by
using our online form to notify PHOTRIO LIMITED. PHOTRIO LIMITED will
cancel your subscription account upon receipt of such notification from
you. All fees, charges and sales are final. Once charged to your credit
card, the payments are nonrefundable, except in cases of demonstrated
fraud, which will be determined at PHOTRIO LIMITED's sole discretion.
You acknowledge that canceling your subscription will not immediately
terminate access to the Premium Services. Your subscription will remain
open until the paid period expires. You acknowledge and agree that the
authorization to charge your credit card or other payment mechanism for
the Premium Services shall automatically transfer to any successors or
assigns of the Premium Service for substantially similar services at
the same website. You may not assign or transfer your subscription to
any other person or entity. You must be at least 18 years old (or have
the permission of a credit card holder who is) to subscribe for Premium
Payment must be made by a major credit card accepted by PHOTRIO
LIMITED, check, PayPal, cryptocurrency or money order (U.S. dollars
only). If PHOTRIO LIMITED does not receive payment from the credit card
issuer or its agent, you agree to pay all amounts due upon our demand.
Your card issuer agreement governs your use of your designated card in
connection with the Premium Service, and you must refer to that
agreement and not the TOS to determine your rights and liabilities as a
cardholder. YOU, AND NOT PHOTRIO LIMITED, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY
WERE NOT AUTHORIZED BY YOU.
PHOTRIO LIMITED RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND
BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR
SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY PHOTRIO LIMITED,
EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT PHOTRIO LIMITED.
PHOTRIO LIMITED MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA
EMAIL. If any such change is unacceptable to you, you may cancel your
Subscription Service by contacting us. However, canceling will not
immediately terminate access to your Premium Service account and
PHOTRIO LIMITED will not refund the remaining portion of your
subscription. The subscription will remain open until the paid period
expires. YOUR CONTINUED USE OF THE PREMIUM SERVICE FOLLOWING THE
EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. PHOTRIO LIMITED IS NOT
RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY
EMAIL, FAX, OR LETTER ON OR THROUGH THE WEB SITE. YOU AGREE AND
ACKNOWLEDGE THAT PHOTRIO LIMITED SHALL NOT BE REPONSIBLE FOR ANY
ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED
TO PHOTRIO LIMITED WITHIN 60 DAYS OF SUCH OCCURANCE OR LACK THEREOF.
There shall be no refunds, except in demonstrated cases of credit card
fraud (as determined by PHOTRIO LIMITED at its sole discretion) or
under the terms agreed to when purchasing a product or service as
agreed to during the payment process. You understand and agree that as
a result of processing a refund PHOTRIO LIMITED incurs certain
administrative costs, and may request you to cover these costs.
3. Termination of Your Subscription. You acknowledge that PHOTRIO
LIMITED, in its sole discretion, may terminate your ID, password,
account (or any part thereof) or use of the Premium Service for a
variety of reasons, including, without limitation, if PHOTRIO LIMITED
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS or any other agreement referred to in the TOS.
PHOTRIO LIMITED may also, in its sole discretion, at any time
discontinue providing the Premium Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Premium Service under any provision of the TOS may be effected without
prior notice, and acknowledge and agree that PHOTRIO LIMITED may
immediately deactivate or delete your account and/or bar any further
access to the Premium Service. If your account is terminated by PHOTRIO
LIMITED, it will not be automatically renewed and access will be
terminated, without refund. Further, you agree that PHOTRIO LIMITED
shall not be liable to you or any third-party for termination of your
access to the Premium Service. YOU AGREE AND ACKNOWLEDGE THAT PHOTRIO
LIMITED SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT
OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Subscriber Information. You agree to provide and maintain true,
accurate, current and complete information about yourself as prompted
by the Premium Service registration process. You must promptly inform
PHOTRIO LIMITED of any of the following: changes in the expiration date
of any credit card used in connection with the Premium Service; changes
in home or billing address; and apparent breaches of security, such as
loss, theft, or unauthorized disclosure or use of an ID or password.
You agree to notify PHOTRIO LIMITED immediately upon learning of any
potential breach of your Premium Service account.
5. Use Restriction. The material on the Services is for the private,
non-commercial enjoyment of Subscribers only. Any other use is strictly
prohibited. PHOTRIO LIMITED spends a great deal of time and money to
obtain the information appearing on our sites. You agree that you will
not copy, publish, or in any way make available publicly any news,
pictures, interviews, features, or any other information, content or
materials from the Services, without express written permission from
PHOTRIO LIMITED. You agree that if you do so, PHOTRIO LIMITED reserves
the right to cancel your subscription immediately without refund.
Additionally, reuse of copyrighted information (including but not
limited to pictures, interviews, features, videos, audio, etc.) will be
prosecuted to the fullest extent of the law.
6. Advertisers using PHOTRIO LIMITED services are bound by the same terms as users.