FotoStick's Terms and Conditions

Thank you for considering FotoStick! Our desire is to open a fun new world of imagination and creativity to you. Imagination is displayed in your pictures and where you stick them expresses your creativity. By entering FotoStick.com you become a Member ("Member") in a new world of digital photography, welcome!

Before entering the FotoStick site (the "Site") or using any of our Services please carefully review the Terms and Conditions (the "Terms"). Terms may be changed or updated from time to time so we ask that you review them periodically to make sure you are aware of and understand any changes. Updated versions of Terms will always be found here on this page. In the case of inconsistencies between Terms on this Site and information included in off-line materials such as mailings, these Terms will always dominate.

By entering the Site or by using any FotoStick Services you accept the following terms and agree to be legally bound by the terms set forth below. If you do not agree to these terms, do not proceed to access the site or use any of our Services. Accepting these Terms creates a binding contract between you and FotoStick stating that you will only use this Service in a way which coincides with these Terms. If you have questions about the Terms set forth, please contact us at customerservice@FotoStick.com.

Materials Provided By FotoStick

All materials found on the FotoStick Site are protected by the copyright laws of the United States. You are only allowed to use these materials in accordance with applicable law and these Terms and Conditions. All other use is prohibited. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format. Failure to follow copyright laws may result in legal action taken by the copyright holder.

You agree to use the FotoStick Site for its intended purposes in accordance with the law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

Terms of Membership

Membership ("Membership") to the FotoStick Site is available if you are at least 13 years of age and willing to submit requested information to FotoStick which includes your name and a valid email address. When you request Services from FotoStick you must provide us with valid and complete information about yourself when such information is requested by the Service. You are responsible for maintaining your account and password. By obtaining a FotoStick membership you agree to accept responsibility for all activities that occur under your account and or password, therefore it is important to keep this information confidential.

Violating Terms and Conditions

FotoStick maintains the right to terminate any Membership at any time, for any reason, without notice. Members who violate these Terms may have their membership terminated, services cancelled, and their pages and materials suspended, deleted or removed without warning. FotoStick will not return removed materials to a member. FotoStick is not responsible for any loss of data resulting from termination of membership or removal of member material.

Member Conduct and Prohibited Content

FotoStick is devoted to making our website a welcoming environment while at the same time providing Services that are safe and respectful for everyone. FotoStick members and users are encouraged to be creative with the Content they submit however, we require that every user of our Service agree not to post or process prohibited Content. Prohibited Content includes the following:

1. Content that we believe to be abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, unlawful or otherwise inappropriate.
2. The use of copyrighted material without the express permission of the owner of that material.
3. Content which violates or otherwise hinders the rights or privacy of others.
4. Content which contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service.
5. Content which advocates illegal activity.
6. Content which harms anyone, including minors.
7. Content that exploits or discloses personally identifying information about children under the age of 18.
8. Links to any content above.

FotoStick has the sole discretion to determine if Content is considered Prohibited Content and any Content submitted to the Service may be subject to examination. FotoStick does not have the ability to examine or review all Content submitted and we have no obligation to, but may, delete, move, and edit Content for any reason, at any time, without notice.

You understand that all content is the sole responsibility of the person who submitted such materials. In essence you are, in every respect, responsible for all materials that you upload, post or make available by means of this Site. FotoStick does not control the materials posted and does not ensure the accuracy, or quality of posted materials. You understand that you may be exposed to materials that are offensive to you. By visiting the Site you take sole responsibility for such exposure. FotoStick will not be liable, under any circumstances, for any materials on the Site including, but not limited to, any errors in materials, or for any loss or damage incurred by using any materials made available on this Site.

Copyrights

In order for FotoStick to use your images and offer you an assortment of online services, we need the rights to make use of all Content on the Service, in accordance with and subject to these Terms. By using the Service you hereby grant FotoStick a perpetual, non-exclusive, royalty-free right to copy, modify, transmit, make derivative works of, and distribute your Content, solely for the purpose of providing the Service. By submitting materials to the FotoStick Site you represent and guarantee that you are the legal owner of the copyright to the materials submitted or that you have otherwise obtained written permission from the copyright owner to submit these materials in order to make them available to the FotoStick Service. Photos you upload to the service remain yours. However, by putting your uploaded images in our gallery, you agree to allow other users to view and share your images. This means you agree to allow FotoStick to display your images for others to see.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

Copyright Infringement Claims

If you have reason to believe that your material or the material of another has been copied without your permission or stolen, please provide the FotoStick with the following information in order for us to take the steps necessary to protect the intellectual property rights of third parties:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. A description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. 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.

The FotoStick Copyright Agent may be reached by email at copyright@FotoStick.com. Please send all claims of infringement here.

Handling of Copyright Infringement Claims

FotoStick will remove or disable access to any material in question upon receipt of notice of any potential copyright infringement and will notify the member responsible for the material in question. If FotoStick has removed or disabled accesses to content you posted due to a copyright infringement complaint and you disagree, please provide the FotoStick Copyright Agent with the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled.
3. A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FotoStick may be found, and that you will accept service of process from the person who provided notification under the Section on titled Copy Right Infringement above or an agent of such person.

If any copyright, trademark, patent, publicity rights, or other infringement comes to the attention of FotoStick we reserve the right to delete infringing files and terminate the user's account without receiving a complaint from the person whose rights have been infringed.

Information Submitted to FotoStick

FotoStick will not sell or rent your personal information to third parties. FotoStick may use collective member information that does not identify individual members. We strive to sustain the security of private information. However, you acknowledge that any exchange between FotoStick members and others may not be secure. Be advised that anything you posting on the FotoStick Site is not private. Please read our Privacy Policy for additional information.

Emails From FotoStick

FotoStick will not send unsolicited email with the exclusion of confirmation emails which contain necessary information which result from an action taken on your part. If you have opted in to receive announcements or promotions you will receive email from us; you can opt out at anytime. If you receive an email that you believe is unsolicited, please follow directions contained in all emails from FotoStick and will have your email address removed from future mailings. You are also able to change email preferences from your FotoStick account.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD FOTOSTICK, INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, SUPPLIERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, CLAIMS, LIABILITIES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR USE OF THE FOTOSTICK SITE AND SERVICES, AND YOUR VIOLATION OF THE RIGHTS BY ANY THIRD PARTY, INCLUDING THE CONDUCT OF ANY OTHER PERSON ACCESSING THE FOTOSTICK SITE OR SERVICES BY USING YOUR ACCOUNT.

FotoStick Makes No Warranties

ANY PRODUCT OR SERVICE AVAILABLE ON THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. FOTOSTICK. EXPRESSLY DISCLAIMS ANY AND 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.

FOTOSTICK MAKES NO WARRANTY THAT THE SERVICE WILL BE PROVIDED FREE OF INTERUPTIONS, IS SECURE, OR ERROR FREE, THAT THE SERVICE IS OR WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. PLEASE NOTE, ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT COULD OCCUR TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.

Limited Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, FOTOSTICK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUCCESSORS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES OF ANY KIND ARISING FROM THE USE OF THIS SITE WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM STATE TO STATE.

Law Governing This Agreement

This Agreement will be governed in accordance with the laws of the State of Maine, without regard to its conflict of laws provisions. By using the FotoStick Site, you agree to personal jurisdiction of the state and federal courts of the State of Maine. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions or the use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Modification of The Site and Terms and Conditions

FotoStick reserves the right to revise this Site and these Terms and Conditions at any time, for any reason, without notice, including the right to terminate FotoStick Services partially or entirely.

Agreement Between You and FotoStick

These Terms encompass the entire agreement between you and FotoStick and govern your use of the FotoStick Site and services. This agreement replaces any prior agreements between you and FotoStick. The failure of FotoStick to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is considered to be invalid, the other portions of the agreement will remain in full force and effect.

Links

This Site and third parties may provide links to other websites. FotoStick has no control over such sites therefore, you agree that FotoStick is not responsible for the availability of such external sites, and is not responsible or liable for any content, products, or other materials on or available from such sites. You also agree that FotoStick is not responsible or liable, for any damage or loss caused by or in connection with use of such content, goods or services available through any such site or resource.

FotoStick Copyright and Trademarks

Use of any materials on this site other than as described in these Terms of Use is prohibited. All of FotoStick"s website design, photographs, graphics, and any other content are the property of FotoStick or its licensors and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners."