Welcome to Fotanian.org.
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on Fotanian. Members of the site must act ethically and not engage in any activity that Fotanian, in its sole discretion, deems to be gaming or otherwise abusing the site. Fotanian reserves the right to terminate the account of any member for any reason whatsoever. When utilizing Fotanian content, we ask that you give credit where appropriate and don’t edit our content – or content that belongs to others without permission. If we’ve made an error, please let us know. You can reach us at fotanian@gmail.com.
For the information our lawyers make us include, read on:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at www.fotanian.org and www.fotanian.com as well as custom creative network sites powered by Fotanian (“Fotanian”), and any communications service (including the capability to contribute links and other information (each such submission, a “Contribution”)), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of this Fotanian Terms of Service (“FTOS”), and any operating rules or policies that may be published by Fotanian at the URL: www.fotanian.org or www.fotanian.com and affiliated sites (the “Service”). The FTOS and all such operating rules or policies comprise the entire agreement between you and Fotanian and supersede all prior agreements between you and Fotanian regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING FOTANIAN, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of Fotanian. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. GENERAL TERMS AND CONDITIONS
Fotanian Ltd. may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on fotanian.org. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
4. PRIVACY POLICY
Information about you is subject to our Privacy Policy.
5. DESCRIPTION OF SERVICE
Fotanian provides Users with a variety of online services, including but not limited to:
FOTANIAN-GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
SIGN-UP ONLY SEMINARS & PRIVATE EVENTS. A private event is a private gathering or get-together hosted and attended by either Fotanian or a group of Fotanian users.
PUBLIC EVENTS. A public event is a gathering or get-together that is open to all members of the Fotanian community and sometimes the general public visitors.
OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free Friends of Fotanian account.
6. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY:
EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING FOTANIAN YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. FOTANIAN HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING FOTANIAN, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FOTANIAN FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FOTANIAN ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
7. CONTENT
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not post anything to which you do not have the rights. Fotanian does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Fotanian be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
For users of the Fotanian “Bulletin” portion of the site, Fotanian does not permit any postings that point to spec work contests or other opportunities that solicit customized, unpaid creative work from creative professionals. Any such postings may be removed and no refunds will be made to the poster of such notifications in the Bullentin service.
8. USER’S GRANT OF LIMITED LICENSE
Fotanian Inc does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable Fotanian to stream and present your work across the Fotanian Network and partner sites that present your work professionally – linking back to your portfolio. This day in age, we require a limited license for your content in order to present it in the many places and various forms across the Fotanian Network sites and other sites powered by the Fotanian Network platform and/or the Fotanian Network API.
The limited license below is required to allow Fotanian to host, display, organize, and propagate a member’s portfolio of projects.
By communicating with Fotanian, Inc., including submitting or sending Content, a Contribution, correspondence or other information or material to Fotanian (“Your Content”), you grant Fotanian, Inc. a limited license, for the period of time your portfolio of Your Content is published in Fotanian’s systems, to display the work royalty-free, unrestricted, and world-wide, across Fotanian’s sites, in search results, and in Fotanian-powered Galleries and Showcases. In some instances, media must be reformatted for display and incorporation into Fotanian’s galleries. As such, during this limited license, you allow Fotanian, Inc. to reproduce, modify, publish, translate, distribute, perform and display Your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating a Contribution, in whole or in part, into a Fotanian feature or in promotional or marketing materials (attributed properly to the artist).
Fotanian will NEVER assume ownership of your work, and the artist’s copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of Fotanian Network’s platform. Work submitted to Fotanian remains owned by the artist, under the artist’s selected copyright settings, and artists decide whether or not to sell their work to third parties – Fotanian does NOT act as an intermediary in selling creative work.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You acknowledge and agree that the display or inclusion of Your Content shall be in the sole discretion of Fotanian and Your Content may or may not be included on the Fotanian website for any reason or no reason at all.
BY UPLOADING CONTENT TO FOTANIAN’S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FOTANIAN, INC., IT’S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
9. USER CONDUCT
Each site and the Services are provided to you solely for entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Fotanian, Inc. reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services. Further, Fotanian, Inc. reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services for any reason whatsoever.
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of Fotanian, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of Fotanian and Fotanian.net is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in Fotanian. Appropriate legal action may also be taken for any unauthorized use of Fotanian.
d. that Fotanian, Inc. is not responsible for material submitted to Fotanian or posted to the Site by Users. Fotanian, Inc. does not pre-screen, monitor, review or edit the Contribution posted by Users. However, Fotanian, Inc. and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Fotanian, Inc. judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Fotanian, Inc. is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Fotanian, Inc.. You agree to immediately notify Fotanian, Inc. of any unauthorized use of the Service or any other breach of security that you know or suspect.
10. MODIFICATIONS TO SERVICE
Fotanian, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fotanian, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions (“Content”), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of Fotanian, Inc., or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors or, in some cases, the content is assigned a license under the Creative Commons licensing system (when specified). As between Fotanian, Inc. and you, Fotanian is the sole owner of all Fotanian-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in Fotanian retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant’s Content), subject to the non-exclusive rights in the licenses granted to Fotanian under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by Fotanian, Inc. or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may download Content for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. In addition, these files may not be used to construct any kind of database.
e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
12. INDEMNIFICATION
Upon a request by Fotanian, Inc., you agree to defend, indemnify and hold Fotanian, Inc., its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Fotanian, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fotanian, Inc. in asserting any available defense.
13. YOUR CONTRIBUTIONS
You acknowledge and agree that Fotanian, Inc may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Fotanian, Inc., its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Fotanian, Inc. assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to Fotanian.
b. Any or all Content on the Site may be purged periodically at Fotanian, Inc.’s sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Fotanian, Inc. or submitted to Fotanian, Inc. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Fotanian, Inc., and Fotanian, Inc. does not support or endorse Content (including any Contribution, whether or not edited by Fotanian, Inc. or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
c. In operating this site, Fotanian, Inc. does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Fotanian, Inc., will be deemed not to be confidential or secret. By submitting or sending information or other material to Fotanian, Inc. you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above (“User Conduct”).
14. LINKED SITES
You may be able to link to third parties’ Sites (“Linked Sites”) from the Fotanian, Inc. Site. Linked Sites are not, however, reviewed, controlled, or examined by Fotanian, Inc. in any way and Fotanian, Inc. is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Fotanian, Inc’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Fotanian, Inc. be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Fotanian, Inc. reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to Fotanian. To seek our permission, you may write to Fotanian. We reserve the right, however, to deny permission to link to Fotanian or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
15. DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Fotanian, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. PARENTAL PERMISSION
This Site is not intended for use by children under thirteen (13) years of age, and Fotanian, Inc. does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Fotanian, Inc. may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content, and Fotanian, Inc. may limit access to certain content to Users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
17. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FOTANIAN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. FOTANIAN, INC. DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. FOTANIAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN FOTANIAN OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
f. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
18. LIMITATION OF LIABILITY
a. IN NO EVENT WILL FOTANIAN, INC., ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF FOTANIAN, INC. OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FOTANIAN FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FOTANIAN, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOTANIAN, INC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
19. COPYRIGHTS AND COPYRIGHT AGENT
Fotanian has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”).
The address of Fotanian’s Designated Agent for copyright takedown notices (“Designated Agent”) is
Fotanian Ltd.
Attn: Designated Agent
Email: fotanian@gmail.com
If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Fotanian is capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Fotanian will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at energy (at) Fotanian dot com confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, Fotanian may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, Fotanian will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
Fotanian reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Fotanian by providing the following information to the Designated Agent at the address above:
The specific URLs of material that Fotanian has removed or to which Fotanian has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Your signature.
Upon receipt of a valid counter-notification, Fotanian will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Fotanian does not receive any such notification within ten (10) days, we may restore the material to the Services.
20. APPLICABLE LAWS / JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Hong Kong Special Administrative Region or any other region or country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of Hong Kong Special Administrative Region, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Fotanian, Inc. or relating in any way to your use of the Site shall be in the federal or state courts located in Hong Kong Special Administrative Region, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Fotanian, Inc. or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from our offices in Hong Kong Special Administrative Region. We do not represent that materials on the site are appropriate or available for use outside of Hong Kong Special Administrative Region. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
21. MISCELLANEOUS
Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Fotanian, Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
22. Fotanian API Terms of Use
By using the Fotanian API, you agree to the terms below. If you disagree with any of these terms, Fotanian does not grant you a license to use the Fotanian API. We reserve the right to update and change these terms from time to time without notice.
Your license to the Fotanian API under these terms continues until it is terminated by either party. Fotanian may terminate the license at any time for any reason. Your rights to use the Fotanian API terminate automatically if (i) you violate any of these terms, (ii) Fotanian publicly posts a written notice of termination on Fotanian.org, (iii) Fotanian sends a written notice of termination to you, or (iv) Fotanian disables access to the Fotanian API to you.
1. Licensed Uses and Restrictions.
The Fotanian API is owned by Fotanian and is licensed to you on a non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Fotanian API, all updates, revisions, substitutions, and any copies of the Fotanian API made by or for you. You agree you have read the section titled ‘INTELLECTUAL PROPERTY RIGHTS’ and are bound to the terms found therein.
a. You shall:
Comply with all of the Terms of Use found on this page.
Comply with any requirements or restrictions imposed on usage of the content by their respective owners. Although the Fotanian API can be used to provide you with access to Fotanian projects, neither Fotanian’s provision of the Fotanian API to you nor your use of the Fotanian API override the project owners’ requirements and restrictions, which may include “all rights reserved” notices, Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Fotanian projects in compliance with the project owners’ requirements or restrictions.
Remove from your application within 24 hours any Fotanian project or other information that the owner of the content asks you to remove.
Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
b. You shall not:
Use Fotanian API for any application that replicates or attempts to replace the essential user experience of Fotanian.com.
Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use Fotanian API.
Cache or store any Fotanian content other than for reasonable periods in order to provide the service you are providing to Fotanian users.
Use Fotanian API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
Use Fotanian API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use Fotanian as a generic image hosting service for banner advertisements, graphics, etc.
Use Fotanian API in a manner that adversely impacts the stability of Fotanian.com servers or adversely impacts the behavior of other applications using the Fotanian API.
Sell, lease, or sublicense Fotanian API or access thereto or derive revenues from the use or provision of Fotanian API, whether for direct commercial or monetary gain or otherwise, except as set forth below.
2. Attribution.
You shall not use “Fotanian” ,
You shall place the following notice prominently on your application: “This product uses the Fotanian API but is not endorsed or certified by Fotanian.”
You may not use the Fotanian logo without specific written permission from Fotanian.
Any use of the Fotanian logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Fotanian logo shall not imply any endorsement by Fotanian.
3. Ownership and Relationship of Parties.
The Fotanian API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Fotanian’s rights apply to the Fotanian API and all output and executable of the Fotanian API, excluding any software components developed by you which do not themselves incorporate the Fotanian API or any output or executable of the Fotanian API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Fotanian owns all rights, title, and interest in and to the Fotanian API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Fotanian, including (but not limited to) the Fotanian API and Fotanian trademarks.
4. Support.
Fotanian may change, suspend, or discontinue any aspect of the Fotanian API at any time, including the availability of any Fotanian API. Fotanian may also impose limits on certain features and services or restrict your access to parts or all of the Fotanian API or the Fotanian Web site without notice or liability.
5. Fees and Payments.
Fotanian is committed to free and open access to our API for commercial and non-commercial purposes. However, providing the API does have real costs for Fotanian. For uses of Fotanian API over a certain rate or for certain types of commercial applications, Fotanian reserves the right to charge fees for future use of or access to the Fotanian API.
6. Disclaimer of Any Warranty.
SOME OF THE FOTANIAN API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. FOTANIAN DOES NOT REPRESENT OR WARRANT THAT THE FOTANIAN API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE FOTANIAN API IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND FOTANIAN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF FOTANIAN API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FOTANIAN API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
7. Limitation of Liability.
FOTANIAN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FOTANIAN API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FOTANIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FOTANIAN BE LIABLE TO YOU FOR ANY AMOUNT.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Fotanian, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of Fotanian API. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
9. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Fotanian and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Fotanian API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Fotanian shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms.
Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Fotanian shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Fotanian, express or implied, and you shall not attempt to bind Fotanian to any contract.
Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Fotanian shall be governed by the laws of Hong Kong Special Administrative Region without regard to its conflict of law provisions.
No Waiver of Rights by Fotanian. Fotanian’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Fotanian and you with respect to the subject matter hereof.