Terms
Welcome to Photogra Inc.'s Terms and Conditions of Use ("Site Terms"). These Terms and Conditions create an agreement applicable to your use of our services at Photogra Inc. (the "Site"). We may amend this agreement at any time by posting the amended terms on our Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site.

Licenses and Site Access

Subject to these Site Terms, Photogra Inc. grants you a limited license to make personal use only of the Site. You may not, without limitation: (a) make any resale or commercial use of the Site or its content; (b) make any derivative use of the Site or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Site. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Photogra Inc. or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, frame or utilize framing techniques to enclose any Photogra Inc. trademark, logo or other proprietary information (including the photographs and images found at this Site, the content of any text and/or the layout or design of any page of the Site) without Photogra's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Photogra Inc. name, trademark, or product name without Photogra's express written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate copyright, trademark and other laws.

Acceptable Conduct

This Site includes Photo Galleries and private and public Photo Albums, as well as other interactive areas, including chat functions and bulletin boards. These forums may be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
  • Upload to, distribute or otherwise publish through this Site any photograph, image, graphic, message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, contains nudity or is otherwise objectionable;
  • Upload to, distribute or otherwise publish through this Site any Content that would convey expressions of bigotry, prejudice, racism, hatred or profanity;
  • Upload to, distribute or otherwise publish through this Site any Content that would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload to, distribute or otherwise publish through this Site any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any Content that you do not have the lawful right to distribute and reproduce;
  • Upload to, distribute or otherwise publish through this Site any Content that may contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Artificially inflate, exaggerate or misrepresent the number of accesses ("hits") to your Photo Album;
  • Without Photogra's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.


Photogra Inc. takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Photogra Inc. is not liable for any statements, representations or Content provided by its users in any Photo Gallery, Photo Album or other public forum or interactive area on the Site.

General

Photogra Inc. owns and operates this site and the services (the "Photogra Inc. System") offered on it. Photogra Inc. has the right at any time to change or discontinue any aspect of the Photogra Inc. System, including the content, hours of availability, and equipment needed for access to or use of the Photogra.com System. You understand and agree that the Photogra Inc. System is provided to you exclusively under Photogra Inc.'s Terms of Service. By completing the registration process, you are stating that you are an adult (18 years or older), that you have read and understand the Terms of Service, and that your agree to be bound by them. Photogra, Inc. reserves the right to terminate your account at any time for any reason, including if Photogra Inc.. learns that you have provided false or misleading registration information or have violated the Terms of Service.

Theft of service

Unauthorized use of the Photogra Inc. service in distributing or disseminating digital images or graphic content for purposes other than for direct display within the Photogra Inc. system is considered a violation of the Terms of Service. Any unauthorized use of Photogra Inc. Internet bandwidth not directly associated with the display of digital images within digital photo albums is considered a violation, and an illegal theft of the Photogra Inc. service. Violators under this provision will be marked as such, and their IP address, account information, and usage statistics will be monitored and logged for use in determining civil or criminal liability and associated damages. Violators of this provision may also be subject to criminal or civil legal action, and will be required to reimburse Photogra Inc. for expenses directly related to unauthorized bandwidth charges and usage. Theft of Photogra Inc. services includes the intentional misuse of the website by utilizing Photogra Inc. bandwidth and storage facilities for the display of digital images for the benefit of a third party, and includes but is not limited to the following:

This Site includes Photo Galleries and private and public Photo Albums, as well as other interactive areas, including chat functions and bulletin boards. These forums may be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
  • The uploading and storage of digital images onto the Photogra Inc. system which are called from or loaded on web pages within sites other than Photogra Inc.. Uploading photos to Photogra Inc. for use or display on auction sites, discussion boards, or personal home pages is a violation under our terms of service
  • The uploading and storage of Advertisement banners in the form of digital images with the intention to display these banners on sites other than Photogra Inc., and utilizing Photogra Inc. Internet bandwidth for such puposes


Photogra Inc. takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Photogra Inc. is not liable for any statements, representations or Content provided by its users in any Photo Gallery, Photo Album or other public forum or interactive area on the Site.

Enforcement

Photogra Inc. has the right, but not the obligation, to monitor any activity and Content associated with Photo Galleries, Photo Albums, any public forums and interactive areas, or any other areas on the Site. Photogra Inc. may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Photogra Inc. reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Photogra Inc. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to cooperate with governmental requests, to protect Photogra's systems or customers, or to ensure the integrity and operation of Photogra's business and systems, Photogra Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Photogra's right to disclose any such non-confidential or non-privileged information shall govern over any terms of Photogra's Privacy Policy.

Only A Forum

The Photo Galleries, Photo Albums or other public forums and interactive areas on the Site act as the venue for users to post their own Content, including photographs. Photogra Inc. does not and cannot review all Content posted or uploaded to the Site, and is therefore not responsible for this Content. You acknowledge that by providing you with the ability to distribute your Content on the site, Photogra Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Content. You may find other user's Content to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site.

License and Idea Submission

You agree to grant to Photogra Inc. a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit to the Site by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Photogra Inc. for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.

Your Indemnification and Release

You shall remain solely liable for the Content you upload or transmit to Photogra, including the Photo Galleries, Photo Albums or other public forums and interactive areas on the Site. You agree to indemnify and hold harmless Photogra Inc. from any claim, action, demand, loss, expense or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release Photogra Inc. (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Privacy

Please review our privacy policy, available here.

Copyright

All right title and interest in individual photographs posted on the Site will remain the exclusive property of the individual owner of the applicable photograph, and Photogra Inc. claims no copyright or other proprietary right in these works. However, Photogra Inc. does hold a copyright interest in the entire contents of the Site (in the aggregate) as a collective work under the United States and other copyright laws. The collective work includes works that are licensed to Photogra Inc.. Copyright (c)2000-2017 Photogra, Inc. All Rights Reserved. The collective work may also include works that are the property of Photogra's licensors, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any material or content on the Site is strictly prohibited without the express written consent of the copyright owner. You further agree not to modify or delete any proprietary notices from materials downloaded from the Site, and Photogra Inc. is not responsible or in any manner liable for any such potential or actual infringement.

Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of Photogra Inc. used herein are trademarks or registered trademarks of Photogra Inc.. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

Links to Third Party Sites

The links throughout this Site will let you leave Photogra's Site. These links are provided as a courtesy only, and the sites they link to are linked are not under the control of Photogra Inc. in any manner whatsoever. Therefore, Photogra Inc. is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Photogra Inc. is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Photogra Inc. of the site and/or any of its content therein.

Disclaimer

THIS SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Photogra Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Photogra Inc. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Photogra Inc. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

Photogra Inc. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF ANY PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT THE SITE, EVEN IF Photogra Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Photogra Inc. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Termination

Notwithstanding any of these Site Terms, Photogra Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Photogra Inc. Inc. Attn: Legal Department, 1670 Northeast Expressway Atlanta, GA 30329 (in the case of Photogra) or to the email address you provide to Photogra Inc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Photogra Inc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of this Site, or the services or products provided through this Site, any such dispute shall be brought exclusively in a court of competent jurisdiction sitting in New York, New York. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Photogra's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Photogra Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Photogra Inc. contrary to those set forth above.