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terms	Agreement between User and FreePhotos.com Thank you for using FreePhotos.com. FreePhotos.com is the proud community-based provider of stock photos which empowers you to upload and download high quality photos and includes without limitation uploading, downloading, further use, forum discussions, profiles, links, all materials within, photos, storage, and other services which may be offered from time to time by FreePhotos.com for use with your FreePhotos.com account (collectively and individually referred to as the "FreePhotos.com Website,", "Website", the "FreePhotos.com Services", "Services", or "FreePhotos.com"). Your use of the FreePhotos.com Website and Services is conditional upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of our Services constitutes your agreement to all such terms, conditions and notices. SIGN UP - BASIC TERMS Upon approval of your application you will become a member of FreePhotos.com You agree to provide and maintain accurate, complete and updated information to FreePhotos.com The FreePhotos.com Services are currently offered free of charge to members and we are able to offer you these services through the support of various advertising initiatives. We reserve the right to make such Services advertiser supported in the future, including but not limited to placement of advertising banners, textlinks, and search boxes.. We currently have little to no advertising but may change or add advertising banners, textlinks and/or search boxes at any time. In exchange for membership privileges you agree to receive our periodic newsletter from time to time. You further agree that you will not report our newsletter as spam and explicitly agree to receive the newsletter and emails from FreePhotos.com at a valid email address. UPLOADING TERMS By uploading images to FreePhotos.com you are granting a irrevokable license for the use of such images to any and all visitors to FreePhotos.com with NO USAGE RESTRICTIONS for either personal or commercial use. FreePhotos.com is in no way responsible for the subsequent use of uploaded images and you release FreePhotos.com from any disputes regarding such use. You agree not to upload any images to FreePhotos.com that are not original material created directly by you. In addition, if your image was created in a jurisdiction where a model release is required, you will not upload any such image unless you have a valid, signed model release on hand and you further agree to keep such model release on file. If any such model release should become void, lost, destroyed or otherwise invalid, you will log in to your FreePhotos.com site and remove the related image(s). You agree to forfeit any demands for compensation, remuneration, income or other consideration from FreePhotos.com, its owners, or those using images downloaded from the FreePhotos.com website. You explicitly agree to this forfeiture even if FreePhotos.com charges a fee for your image as part of a compilation, mass-license or other revenue producing venture. You agree that FreePhotos.com administrators, staff, editors or others may reject, remove, delete, edit, recategorize, resize, recolor or otherwise modify your photos at any time without your prior approval. DOWNLOADING TERMS You agree not to download any photos or images that contain a FreePhotos.com watermark. You may use any of the photos identified on the FreePhotos.com website as downloadable images free of charge for any commercial or personal use subject to the terms contained herein. Reselling photos downloaded from FreePhotos.com either individually or together with other photos without prior written permission from FreePhotos.com is strictly prohibited. You agree not to use any images downloaded from FreePhotos.com for the purposes of harassment, hate, discrimination, defamation of any group. If you use an image downloaded from FreePhotos.com on a commercial website, you agree to post the URL of the webpage that contains the image for the purpose of allowing the photographer to see where and how their image is being used, as well as providing an example of use to others. We do ask that you provide comments, votes and use the Tell-A-Friend when you see a particularly high-quality or useful image. FreePhotos.com cannot be held responsible for any copyright violations and we cannot guarantee the legality of the photos made available for download. You explicitly indemnify and hold FreePhotos.com harmless should a photo be found to be in violation of any copyright, law or trademark. You agree that you are making use of the FreePhotos.com website and downloaded images at your own risk. MODIFICATION OF TERMS OF SERVICE We reserve the right to change the terms and conditions of this agreement at any time without prior notice. Such changes will be posted on our web site at www.FreePhotos.com. You agree to review any changes to this agreement and, if such changes are not acceptable to you, immediately terminate your use of the FreePhotos.com service. If you continue to use the FreePhotos.com service after the effective date of such changes, such use will constitute acceptance of the changes. MODIFICATIONS TO THE FreePhotos.com SERVICE By accepting this Agreement, you hereby acknowledge and agree that, in our sole discretion, we may modify or discontinue, temporarily or permanently, any aspect of the FreePhotos.com Service at any time with or without prior notice, including, without limitation, modification or discontinuance of advertising, content and applications appearing as part of the FreePhotos.com Service. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the FreePhotos.com Service. PRIVACY FreePhotos.com is not an anonymous service. You explicitly acknowledge that your Member Profile is publicly viewable. In addition, in our sole discretion, we may release any information about you without your consent to any investigating party should you be accused of any legal wrongdoing. NO UNLAWFUL OR PROHIBITED USE AND TERMINATION As a condition of your use of the FreePhotos.com Services, you agree that you will not use our Website for any purpose which is unlawful, illegal or prohibited by these Terms of Services, or our other terms, conditions or notices. You agree that you will not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from, any data, software, Services or products obtained through our Website except as explicitly allowed under the Download section. You agree that you will not use our Services to conduct any activity or solicit the performance of any activity that is prohibited by law or by regulatory authorities. You further agree that you will not use our Services in any manner which could disable, damage, overburden or impair our Website. We reserve the right, at our sole discretion, to deny access at any time to users who breach our policies or cause other abuses which we deem disruptive to the FreePhotos.com or the Internet community at large. We reserve the right to report uploads of any pictures that we, in our sole discretion, may qualify as Child Pornography, to any law enforcement or other reporting agency. The following are grounds for immediate termination of service without notice: 1. Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or FreePhotos.com. 2. Impersonating another user or otherwise falsifying one's identity for fraudulent purposes in e-mail, forum, Usenet postings, on IRC, or with any other Internet service. 3. Abusive uploading. We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and the related Services or any portion thereof, at any time, without notice. We will terminate for any breach of our terms of service or for any activity which constitutes an unlawful or prohibited use as described herein. NO WARRANTIES The FreePhotos.com service and each portion thereof is provided "as-is" without any warranties of any kind, whether express, implied, statutory or otherwise including but not limited to, any warranty that the FreePhotos.com service will meet your requirements, the FreePhotos.com Service will be uninterrupted, timely, secure or error-free, or any implied warranties of merchantability, fitness for any particular purpose or noninfringement. Your use of the FreePhotos.com Service is entirely at your own risk. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, aspects of the above exclusion may not apply to you. In such jurisdictions, any warranties will be limited to the maximum extent permitted by applicable law. You represent and warrant that any material which you place or permit to be placed on the FreePhotos.com service with or without your authority, or on the Internet and/or the Web through FreePhotos.com's service, including your photo(s), will not violate the rights of any third party and will not give rise to any claim of such violation, violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to copyright, model release, obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, worms, viruses or the like. You shall indemnify and hold FreePhotos.com and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) arising out of any breach by you of any of the representations, warrantees or agreements set forth in these Terms and Conditions. COPYRIGHT AND TRADEMARK NOTICES Use, Copyright and Trademark notices do not apply to images found in our database that are from the public domain. All contents of our Website are Copyrighted by FreePhotos.com and its parent corporation. All rights reserved. You agree not to modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from the content received through our Website to anyone, as stock photography without our express prior written consent. Trademarks or copyrights of Third parties mentioned on our Website or hyper linked there from are the registered trademarks and copyrights of their respective owners. Content owned by licensors of FreePhotos.com may be subject to additional restrictions. Any rights not expressly granted herein are reserved. GENERAL This agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of FreePhotos.com. This agreement, together with all approved modifications, constitutes the entire and exclusive agreement between you and FreePhotos.com and supercedes all prior proposals, agreements and other communications. You agree that this agreement does not create any agency, partnership, or other form of joint enterprise between you and FreePhotos.com or its affiliated companies. The failure of FreePhotos.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by FreePhotos.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this agreement is held invalid or unenforceable, such invalidity or unenforceability shall not render this Agreement invalid or unenforceable as a whole. You agree that any notices required to be given under this Agreement by FreePhotos.com to you will be deemed to have been given if delivered in accordance with the contact information you have supplied. A printed version of this agreement, together with the Disclaimer and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as non-electronic business documents and records. If you have questions about our terms of service, please to contact our legal department.
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