on your rights and responsibilities in using PhotoCrit.com:
June 29, 2006
Please read this Agreement carefully before submitting your images for
critique. By submitting your images to PhotoCrit.com, you agree to
be bound by the terms of this Agreement.
Before submitting, please be aware of the following:
- By submitting images for critique, you acknowledge that you are the
rightful copyright owner of those images, and you will assume all liability,
legal or otherwise, if you submit images that infringe on the copyright
of another person. Submissions are not authenticated by PhotoCrit.com and PhotoCrit.com will not accept responsibility
for any kind for fraudulent work submitted to and subsequently posted
- PhotoCrit.com also does not accept responsibility, legal
or otherwise, for false statements made in submissions.
- PhotoCrit.com retains ownership and copyright of its written
critiques and all PhotoCrit.com content, except submitted images
and any content previously copyrighted elsewhere. You, as the rightful
copyright owner of your submitted images, retain all ownership and
copyright of your images.
- PhotoCrit.com, PhotoCrit.com critiques and any email correspondence
related to the site or critiques will be in American English only.
- You understand that by using PhotoCrit.com, you may be exposed
to Content (images and text) that you find offensive, indecent or objectionable.
Under no circumstances will PhotoCrit.com be liable in any way for
any Content, including, but not limited to, the subject matter of any
Content, 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,
emailed, transmitted or otherwise made available via PhotoCrit.com.
- You agree to use PhotoCrit.com only for its intended, lawful purposes
and in accordance with all applicable laws. You agree not to use PhotoCrit.com
in any manner that interferes with its normal operation or with any
other user's use and enjoyment thereof. You further agree that you
will not access PhotoCrit.com by any means except through the interface
provided by PhotoCrit.com and that you will not access PhotoCrit.com
from any territory where its contents are illegal.
- You agree not to send spam email to any PhotoCrit.com email address.
- PhotoCrit.com reserves the right to block emails from any
address for any reason without notice.
- PhotoCrit.com does not guarantee that images and critiques
will be displayed.
- PhotoCrit.com maintains the absolute right (but not the
obligation) to remove images and critiques from PhotoCrit.com for
any reason or no reason, at any time, with or without notice.
- You may remove your images and critique at any time by sending an
email to critiqueremoval@PhotoCrit.com.
with 14 days notice.
- Your images will be edited or altered as needed to appear in rotation
on the welcome page and within the sample critique section of this
- Content involving nudity or partial nudity of children of any age.
- Content that exploits children or minors or that discloses any personally
identifying information beyond a first name about persons under the
age of 18.
- Content that disseminates personal information about another individual
for malevolent purposes, including libel, slander, defamation or harassment.
- Content that is or may be deemed to be grossly offensive to the online
community, including but not limited to, blatant expressions of bigotry,
prejudice, racism, hatred and profanity.
- Content promoting or providing instructional information about illegal
- Content depicting cruelty to animals.
- Copyrighted content or materials that is used without the express
permission of the owner.
PhotoCrit.com retains the right to refuse to critique any images
for any reason and is under no obligation to explain the reason for a
refused submission. In the event that PhotoCrit.com exercises
this right, PhotoCrit.com will refund only the critique fees paid for
the refused submission, minus a 5% processing fee.
If you believe that any image on PhotoCrit.com violates these guidelines
or your copyright, you can report such violation to legal@PhotoCrit.com.
Please include in your email the following:
- A description of the copyrighted work or other intellectual property
that you claim has been infringed;
- A description of where the material that you claim is infringing
is located on the site;
- An address, a telephone number, and an e-mail address where we can
contact you and, if different, an e-mail address where the alleged
infringing party, if not PhotoCrit.com, can contact you;
- A statement that you have a good-faith belief that the use is not
authorized by the copyright or other intellectual property rights owner,
by its agent, or by law;
- A statement by you under penalty of perjury that the information
in your notice is accurate and that you are the copyright or intellectual
property owner or are authorized to act on the owner's behalf;
- Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights
have been violated. We may request additional information before we remove
any infringing material. If a dispute develops as to the correct owner
of the rights in question, we reserve the right to remove your content
along with that of the alleged infringer pending resolution of the matter.
you click the "Accept" button, you agree that we can collect,
If you do not agree or are not comfortable with any part of this Privacy
Policy, you may not use PhotoCrit.com or PhotoCrit.com services.
Personal Information we collect from you when you submit images for
a critique are your name and email address. Payments for critiques are
through PayPal, which collects your financial information, including
We use your Personal Information to communicate with you and for our
records. We do not sell or disclose your personal information to any
third parties without your consent, except we reserve the right to do
so in instances where it is necessary to the operation and continued
growth of our business or to protect the rights of others. Those instances
- Disclosure to Successors. We may disclose your Personal
Information to any successor-in-interest of ours, such as a company
that acquires us.
- Disclosure to Unaffiliated Third Parties. We may
disclose your Personal Information to prevent an emergency, to protect
or enforce our rights, to protect or enforce the rights of a third
party, or as required or permitted by law (including, without limitation,
to comply with a subpoena or court order). In particular, we may disclose
your information to a third party that alleges that you have infringed
their intellectual property rights through the products sold through
your submitted images. Similarly, if you allege that a submitter allegedly
infringes your intellectual property rights, we may disclose your information
to that person.
- Disclosure to Third-Party Service Providers. We
may contract with various third parties who help us provide and maintain
PhotoCrit.com and PhotoCrit.com service. For example, we use PayPal
to process payments made to us, and may subcontract out production,
fulfillment, or other operations. We will use commercially reasonable
efforts to prevent such third parties from disclosing your Personal
Information, except for the purpose of providing the services in question.
However, we cannot guarantee that such third parties will not disclose
your Personal Information.
Whenever we obtain your Personal Information, we use commercially reasonable
efforts to protect it from unauthorized access or disclosure. However,
we are not insurers of the security of your Personal Information. Accordingly,
we assume no liability for any disclosure of data due to errors in transmission,
unauthorized third party access or other acts of third parties, or acts
or omissions beyond our reasonable control.
The content that you store, post, or transmit on or through PhotoCrit.com,
such as your images, may be accessed by other users, including people
that you do not know. We are not responsible for the actions of others.
Therefore, you should use care in communicating with other users and
only disclose your Personal Information to other users that you know
to be trustworthy. You should not assume that your content will be kept
You may be able to access third-party web sites directly from PhotoCrit.com.
cannot control how third parties may use Personal Information you disclose
web site you visit before using it or disclosing your Personal Information
to its provider.
Material that is illegal for us to reproduce is not permitted and will
be removed. Should any of your contributions be deemed illegal by any
to apply, and we will supply all necessary information to the proper
We are committed to protecting the privacy of children. Neither PhotoCrit.com
nor any of its services are designed or intended to attract children
under the age of 13. We do not collect personally identifiable information
from any person we actually know is under the age of 13. A parent or
guardian, however, may submit a minor’s images for critique. The
parent or guardian is solely responsible for providing supervision of
the minor's use of PhotoCrit.com. The parent or guardian assumes full
responsibility for ensuring that the information submitted is accurate.
The parent or guardian also assumes full responsibility for the interpretation
and use of any critiques provided through PhotoCrit.com for the minor.
We accept the purchase of a critique with a credit card as evidence of
parental consent and supervision.
In addition, you agree to indemnify and hold PhotoCrit.com
and their subsidiaries, affiliates, delegates, officers, agents, co-branders
or other partners, licensees and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your submissions, your use of PhotoCrit.com,
your connection to PhotoCrit.com, your violation of these Terms of
Use, or your violation of any rights of another. You are solely responsible
for your actions when using PhotoCrit.com, including, but not limited
to, costs incurred for Internet access.