FOTKI

FOTKI, INC. is the owner and operator of FOTKI.COM, an online photo sharing community. Registered members of Fotki can create online albums and upload graphic files to these albums.

FOTKI, INC. reserves the right to modify any part of this Agreement at any time in its sole discretion, this includes but is not limited to the graphic file storage term, and any Fotki functionality. Any modification is effective immediately upon posting on this page. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services by closing your account. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification. We will notify about any changes here.

Your use of the services provided by Fotki is subject to the following agreement. Violations of this agreement may result in termination of your account with or without notice. Fotki recommends that members maintain their own backups of any 'irreplaceable' content, as Fotki cannot warrant that no loss or corruption of data shall occur.

If you upgrade your current account to Premium Account, you warrant that all the information that you submit is true and accurate, including your credit card number and expiration date, and you agree to pay the annual fee. We accept major credit cards, PayPal, money orders and checks payable in US dollars. Contact us if you have any questions. Your membership is personal to you and the members of your household, and you can not transfer or give your login and password to others. Premium Membership fees are non-refundable and we do not refund charges for unused services.

You may not use Fotki (1) in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of Fotki, FOTKI, INC., its affiliates, or subsidiaries, (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by Fotki.

As used herein, "content" shall mean all text, graphics, photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with Fotki. You are prohibited from storing, posting, distributing or transmitting any unlawful content at Fotki. Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, any kind of pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of Fotki and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you can not upload images for which you don't have copyrights. Read carefully 10 Big Myths about copyright explained by Brad Templeton.

Membership is available to anyone who provides all required information including your name, and an accurate and legitimate email address. The Member will then be able to create one or more albums by uploading their digital graphic files to Fotki.

Fotki.com shall automatically charge applicable sales tax for orders to be delivered to addresses within New York.

Fotki may terminate any membership and delete any and all information, communications, postings, albums and image files at any time, without notice, for conduct violating this Agreement or other policies or guidelines set forth by FOTKI, INC. and elsewhere on the Fotki web site.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Fotki and FOTKI, INC. BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT ARISING OUT OF YOUR USE OR INABILITY TO USE FOTKI.COM, ANY OF FOTKI.COM'S CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE. EVEN IF FOTKI.COM OR AN AUTHORIZED FOTKI.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FOTKI.COM'S and FOTKI, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FOTKI.COM WEB SITE.

Fotki and FOTKI, INC. will not release any details regarding the member to any third party, except as required by law. Fotki and FOTKI, INC. understand and respect your desire for privacy. Fotki and FOTKI, INC. will not disclose any content posted by you unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with a legal process served on Fotki, (2) protect and defend the rights of Fotki and FOTKI, INC., or (3) act in an emergency to protect the personal safety of our guests or the public. Read our Privacy Policy here.

It is the obligation of the individual members to ensure that the posting of their photos is not violating any copyright. Members are solely responsible for the content of their photo albums. If you feel a member is violating your copyright, please contact that member.

Fotki and FOTKI, INC. claim no ownership rights in the content you place on your Fotki albums. We will not use Member's images for marketing purposes or any other purposes without obtaining the Member's express permission.

Fotki is a registered trademark, and other FOTKI.COM and FOTKI, INC. product names, service names, slogans or logos referenced in this web site are trademarks or registered trademarks of FOTKI, INC. All other company, product or service names referenced in this web site are used for identification purposes only and are trademarks of their respective owners.

All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. Fotki and FOTKI, INC. reserves its rights in and to all other content contained in the web site. Unless otherwise noted, all content, other than that contained in the Member's photo album, is copyright © FOTKI, INC. All Rights Reserved.