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Terms of Use

Please read the following Terms of Use for information on your rights and responsibilities in using PhotoCrit.com:

Last updated 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 on PhotoCrit.com.
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.

Submission Posting. By specifically granting us permission by return email after the critique, you grant PhotoCrit.com non-exclusive rights to display your submitted images with their critique in the sample critiques section of PhotoCrit.com (and in rotation on the welcome page) indefinitely. We will not license/sell them to third parties or reproduce them in whole or in part in any form or medium without express written permission from you. PhotoCrit.com will not, under any circumstances, attempt to reprint or resell these images, or attempt to grant use or ownership of them to any other party.

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 site.

Prohibited Content. Our goal is to promote visual literacy while maintaining high standards of respect and decency. In order to attain this goal, the following Content is prohibited on PhotoCrit.com:

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 activities.
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.

Privacy Policy. PhotoCrit.com values our relationship with you and the other users of PhotoCrit.com and the services offered on it, including critiques. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information ("Personal Information") that we may collect when you use PhotoCrit.com and PhotoCrit.com services. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us at: privacy@PhotoCrit.com.

This Privacy Policy is a part of the Terms of Use. Accordingly, when you click the "Accept" button, you agree that we can collect, use, and disclose your information in accordance with this Privacy Policy. 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 your credit card number. To view PayPal’s privacy policy, visit http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside.

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 include:

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 private.

You may be able to access third-party web sites directly from PhotoCrit.com. This Privacy Policy does not apply when you access such web sites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party 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 law having jurisdiction over you, then our Privacy Policy will cease to apply, and we will supply all necessary information to the proper authorities.

Children. If you are under 13 years old, then your parents must consent to your submitting images for critique. The Children's Online Privacy Protection Act prohibits us from collecting personal information from children under the age of 13 without parental consent.

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.

Disclaimer of Warranties.This site, including email critiques, is for entertainment and informational purposes only. You expressly acknowledge that the use of PhotoCrit.com is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, PhotoCrit.com critiques are provided “as is,” without warranty of any kind, and PhotoCrit.com hereby disclaims all warranties and conditions with respect to the critiques, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. PhotoCrit.com does not warrant against interference with your enjoyment of this site, that the content of a critique will meet your expectations, that the process of a critique will be uninterrupted or error-free, or that defects in the PhotoCrit.com site will be corrected. No oral or written information or advice given by PhotoCrit.com or a PhotoCrit.com representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of Liability. To the extent not prohibited by law, in no event shall PhotoCrit.com be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, or any other commercial damages or losses, arising out of or related to your use or inability to use PhotoCrit.com or PhotoCrit.com critiques, however caused, regardless of the theory of liability (contract, tort or otherwise). Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall PhotoCrit.com’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

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.

Controlling Law and Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Arbitration. By using PhotoCrit.com, you agree to submit any dispute under this Agreement to binding arbitration under the rules of the American Arbitration Association in San Francisco, California. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between the parties with respect to the use of PhotoCrit.com and PhotoCrit.com critiques. and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by PhotoCrit.com.

Agreement Updates. PhotoCrit.com will occasionally update these Terms of Use. When we do, we will also revise the "last updated" date at the top of the Terms of Use page. You agree that your continued use of PhotoCrit.com constitutes acceptance of any changes. For material changes to these Terms of Use, PhotoCrit.com will notify you by placing prominent notice on the main page.

Any questions pertaining to this legal statement can be directed to PhotoCrit.com at legal@PhotoCrit.com.