PhotoNuke - Terms of Use

  1. These Terms of Use constitute an agreement between you and 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 PhotoNuke.
  2. You, the photographer, must be the copyright holder for any photograph you submit to PhotoNuke.
  3. You may not submit a public domain image.
  4. You, the photographer, must have sufficient permission of any recognizable model or persons appearing on photographs.
  5. 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.
  6. You 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.
  7. 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.
  8. 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.
  9. You may not submit photos that promote racism, cruelty, or hatred.
  10. 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.
  11. 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.
  12. 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 PhotoNuke.
  13. 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.
  14. 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.
  15. You may have only one account in PhotoNuke.
  16. 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.
  17. You may delete your photographs at any time. This will delete the picture, thumbnail, and any critiques or comments associated with the photograph.
  18. 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.
  19. PhotoNuke will not be responsible for system malfunctions, network delays or any other technical difficulty.
  20. 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.
  21. If you are under 13 years of age you may not use this site, even if you have your parents' permission.
  22. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
  23. These terms may change at any time. It is important that you check back here periodically. If you choose to receive emails from PhotoNuke, you will be notified of any changes in the Terms of Use.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
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.
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