TERMS & CONDITIONS

Member's Terms & Conditions

 

Welcome to Fotomax Webstie! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

 

Before you begin setting up your account with Fotomax Webstie (www.fotomax.com) (herein referred to as "we," "us," or "Fotomax"), please read the following Terms of Use ("Terms") carefully. If you ("you") agree to these Terms, and wish to use the Fotomax service ("Service"), please click on the "Sign Up" button. This will constitute a binding agreement between you and Fotomax. Note that any violation of these Terms may result in termination of our Service to you.

 

Fotomax reserves the right to change these Terms from time to time. Please refer to this WEBSITE periodically for any changes.

 

  1. Your submissions 
    Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
      • Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
      • Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
      • Any material sent from an anonymous or false address.

    While Fotomax does not and cannot review all submissions, and is not responsible for their content, Fotomax reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Fotomax for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived.

    Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.

    Fotomax will not be liable for the content of any submission.

  2. About your account 
    2a. Access to your account 
    Your account with Fotomax is available for your personal, non-commercial use. You can allow other people to view selected images. Other people will access these images through their own Fotomax account and will not have access to your account.

    We need to be able to access your account for the following reasons:

    • We can remind you of your password in case you forget it;
    • To maintain our Service to you and develop new and useful features and services;
    • To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
    2b. Account fee 
    There is no fee to create a Fotomax account.
  3. Canceling the service; discontinuing inactive accounts 
    Fotomax reserves the right to cancel the Service or to discontinue accounts which have been inactive for more than 180 days. We may do so at our discretion after sending an e-mail warning to the address you provide to us. If you do not login to your account within 14 days, your account may be removed.
  4. Third-party software 
    We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company.

    This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using Our Service.

  5. Third-party links 
    We may provide links to third-party WEBSITE that might be of interest to you. We have no control over the content or availability of the contents of these WEBSITE. It is your responsibility to become familiar with each WEBSITE's privacy and other policies and terms of service, and to contact that WEBSITE's webmaster or WEBSITE administrator with any concerns.
  6. Copyrighted material and software 
    All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
  7. Privacy policy 
    When you create an account with Fotomax, you need to provide some personal information, such as your name, contact phone number, and e-mail address. We at Fotomax know how much you value your privacy, so we make sure that your privacy is protected any time you are using our services. You do need to give us some personal information so we are able to process your pictures and requests. We want you to be able to enjoy your Fotomax experience safely and privately. Fotomax will use, hold or store your personal data as set out in the "Notice to Customers relating to Personal Data (Privacy) Ordiance".
  8. Indemnification 
    You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
  9. Disclaimer of warranties 
    THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH Fotomax  WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Fotomax EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Fotomax MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fotomax MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH Fotomax WEBSITE OR ADVERTISED THROUGH Fotomax WEBSITE / APP.

  10. Limitation of liability 
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Fotomax BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Fotomax HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE FotomaxWEBSITE / APP OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE / APP OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    Fotomax Shops and/or Website does not have the responsibility to maintain and keep any Photographs uploaded or submitted to them by you at any time. It is your responsibility to keep and retain the Photographs by your own means. Fotomax Shops and/or Website shall not be responsible for and/or liable to indemnify any damages, losses, expenses and costs should your Photographs are being deleted, lost or otherwise destroyed at any time.
  11. Miscellaneous 
    We may assign our rights and responsibilities hereunder without notice to you.

    If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

    These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.