DISCLAIMER OF WARRANTIES AND LIABILITY
PhotoNuke. In this agreement, "we," "us," and "our" refer to PhotoNuke
and/or its representatives; "you" and "your" refer to you and to anyone
who you allow to use your account; and "contribution" and
"contributions" refers to any photographs, and any your activities on
- You, the photographer, must be the copyright holder for any photograph you submit to PhotoNuke.
- You may not submit a public domain image.
- You, the photographer, must have sufficient permission of any recognizable model or persons appearing on photographs.
- Only submissions of photographs generated by a light gathering
device (camera, scanner, etc.) are allowed to be submitted to
PhotoNuke. Works of art created by other means are not allowed.
may not use spamming techniques such as cut and paste
critiques/comments or an inordinately high amount of critiques/comments
in a given time period. If site administration determines that an
individual's behavior is interfering with others ability to enjoy the
site, or if consistent complaints are received about an individual, a
warning notice will be issued. If the warning notice is not heeded, the
account will be suspended for a period of time. The
best way to get feedback on your work is to thoughtfully critique the
work of others. There is no need to ask others to see your work when
you write your critiques. Some may be offended by this request and it's
unnecessary because people will naturally click on your name to see
your work once they read your critique.
- You are not allowed to use profane language, disparaging remarks
or insults in PhotoNuke or any other material that infringes on the
ability of others to enjoy the site or that infringes on the rights of
others. We reserve the right (but assume no obligation) to delete,
move, or edit any postings that come to our attention that we consider
unacceptable or inappropriate for any reason.
- This site may not be used to promote political or religious
activities. If you are a photojournalist photographer, you may submit
pictures which depict political or religious controversy, but you may
not create controversy on this site.
- You may not submit photos that promote racism, cruelty, or hatred.
- Submission of pornographic/obscene material is NOT permitted on
this site. Submission of nudes IS permitted. See below the definition
of what constitutes obscene material as it relates to PhotoNuke. This
term also applies to external links posted on the site.
- Submission of child pornography or child erotica is NOT allowed
on this site. All controversial photos of children will be deleted at
the discretion of site administration. This includes photos that are
submitted with good intention, but which have the effect of creating
offense and/or controversy. This term also applies to external links
posted on the site.
- All critiques, comments and forums posting (but NOT your
photographs) become part of PhotoNuke. Please review the Copyright page for more information on
copyright ownership. At no point in time may anyone use any information
provided/displayed in this site without the previous consent of
- You must understand the Rules (inserire il link alla pagina
giusta) and Membership Information (inserire il link alla pagina
giusta) as they are an important part of how the system works, and how
you should proceed before submitting photographs, comments,
critiques and forum messages.
- The forums should be used to communicate about any subject that
is appropriate for group discussion. The forums are not to be used to
air concerns that are best kept between individuals nor are they a
venue for personal attacks on other members, either on an individual or
on a group of individuals.
Neither are the forums to be used to discuss personal preference
choices (i.e. Comments, Critiques, etc…) in a way that could give rise
to the idea that one choice is superior to another choice.
Critiques about the site, as well as discussions of problems or
possible improvements will be welcome in the forums, particularly if
accompanied by suggestions for improvement. However, the Administration
reserves the right to delete postings or threads which might create a
conflicting climate among members.
Amendment to this term: PhotoNuke will not be used to air concerns that
are best kept between individuals nor is any place on the site a venue
for personal attacks on other members, either on an individual or on a
group of individuals.
- You may have only one account in PhotoNuke.
- PhotoNuke may choose to automatically delete photographs which
have been in the system exceeding a certain amount of time in order to
conserve resources. If we choose to do so, your points will not be
altered. We may also choose to keep the thumbnail (see 17 below) of
your picture for display purposes.
- You may delete your photographs at any time. This will delete the
picture, thumbnail, and any critiques or comments associated with the
- Violation of any of these terms may cause your account to be
inactivated. If your account is inactivated due to term violations your
membership WILL NOT be refunded.
- PhotoNuke will not be responsible for system malfunctions, network delays or any other technical difficulty.
- User acknowledges that uploaded images are visible by any person
visiting PhotoNuke, and that PhotoNuke cannot fully protect users'
images from copyright violations. PhotoNuke will remove user accounts
of users who have violated copyright law. These are the sole and
exclusive remedies available to the User in the event of a copyright
violation. User agrees that in the event of a copyright violation by
the User, User will indemnify and hold harmless PhotoNuke.
- If you are under 13 years of age you may not use this site, even if you have your parents' permission.
- We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
- These terms may change at any time. It is important that you
check back here periodically. If you choose to receive emails from
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OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE
TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION PHOTONUKE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER PHOTONUKE, ITS AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND
DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN
THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR
YOUR CONVENIENCE AND INFORMATION ONLY. PHOTONUKE DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR
CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU
(AND NOT PHOTONUKE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION OF YOUR SYSTEM.
YOU EXPRESSLY AGREE THAT NEITHER PHOTONUKE, NOR ITS AFFILIATED OR
RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE
CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE
OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE
(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON
OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY
OTHER LINKED SITE.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, PHOTONUKE AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO
OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PHOTONUKE IS NOT LIABLE OR
RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN SUCH JURISDICTIONS, PHOTONUKE 'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.