PhotoDuels Terms of Service

1. DEFFINITIONS

Online service available at one of the following addresses: http://www.photoduels.com, http://photoduels.com, http://www.photoduels.net, http://photoduels.net, http://www.photoduels.org or http://photoduels.org (PhotoDuels) is operated and maintained by its founders and creators, programmers, administrators and moderators (Our Team or we or us). PhotoDuels is available to view, read vote for unregistered users (Visitors) and for registered users (Members).

2. ACCEPTANCE OF TERMS

Service PhotoDuels is subject to the following Terms of Service (TOS), which we can update without further notice. Changes to this Agreement will be reachable through a hyperlink at the bottom of the every page of PhotoDuels and at http://www.photoduels.com/terms-of-service. All Visitors and Members are subject to this TOS and it's future changes. It is Visitors and Members duty to frequently check this TOS prior to using any PhotoDuels services. All Visitors and Members must read this TOS and agree to it prior to use of any PhotoDuels services. If you do not agree with these terms, please discontinue use of the PhotoDuels. This acceptance can be re-affirmed on each subsequent use or visit to PhotoDuels.

3. DESCRIPTION OF SERVICE

We provide Visitors and Members with access to a PhotoDuels website where Members after registration can read and view public contents of the site, create their own personal accounts, fill in Member's profile and provide information about themselves which will be available public for other Members and Visitors. Members can also upload photographs which will be shown public for other Members and Visitors who will be able to vote for photographs of their choice.

Only individuals above 18 years can become registered Members. Visitors are entitled to read and view it's contents and view and vote for photographs uploaded by Members.

PhotoDuels may also include advertisements which are necessary for Our Team to provide the PhotoDuels service to you. PhotoDuels may include service announcements, newsletter, administrative messages and other information provided by Our Team and those communications are considerated as part of PhotoDuels and are subject to the TOS. Our Team can change, delete or add any features to PhotoDuels without any notice. All such features are subject to the TOS.

Across the PhotoDuels, we can provide links to Internet sites owned and operated by third parties. Our linking to such third-party sites does not in any form imply an endorsement or sponsorship of such sites, or the information, services or products contained or offered on or through the sites. All information and services offered on or through the PhotoDuels and any third-party sites are provided AS-IS and without warranties of any sort, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, implied or express. We do not warrant that the site PhotoDuels or any of its functions will be error-free or uninterrupted, that defects will be corrected, or that any part of this site are free of harmful components. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Members or Visitors communications or personalization settings.

You are responsible for providing all hardware and software necessary to access the PhotoDuels site. You are responsible for any fees (such as Internet service provider charges) associated with obtaining access to PhotoDuels and with the display or delivery of included advertisements. You assume the whole cost of any damage to, and all necessary maintenance or repair of, that hardware and/or software due to using the PhotoDuels.

4. LOGIN, PASSWORD AND SECURITY

To become a Member you need to receive a password and account login and details. Keeping the the password and account login secure and confidential is your responsibility and your are fully responsible for all activities that occur under your password or account login. Also it is your responsibility to notify us if you feel the privacy of this information has been compromised. Only individuals above 18 years can become registered Members.

5. MEMBER CONDUCT

You understand that all information, text, photographs, graphics, messages, tags, videos or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the Member whom posted such Content at PhotoDuels. This means that you, and not Our Team, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the PhotoDuels. We not guarantee the accuracy, integrity or quality of such Content. You understand that by using the PhotoDuels, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Our Team be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 the PhotoDuels.

You agree to not use the PhotoDuels to:

1. transmit or post any unlawful, libelous, threatening, abusive, defamatory, pornographic, vulgar, obscene, profane or indecent information of any nature, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
2. harm minors (anyone under the age of 18) in any way;
3. transmit any harmful software;
4. impersonate any person or entity;
5. collect contact information for marketing purposes;
6. send or post any message for a commercial purpose;
7. incite other people to commit illegal actions or damage to any other person;
8. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
9. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
10. upload, post, email, transmit or otherwise make available ANY sort of advertising purposes without express written consent. This includes, but is not limited to, sending advertising via private messages, comments, or electronic mail.

Also you agree NOT to do any of the following:

1. inhibit or restrict any other Member or Visitor from using the PhotoDuels;
2. do anything to disrupt the network or servers that are used to run the PhotoDuels;
3. gain unauthorized access to the PhotoDuels, server, network, or Member account;
4. utilize any sort of automated scripts to access the PhotoDuels, contact Members, or post;
5. use the PhotoDuels in any nature that is illegal given relevant local, state, national or international law.

You acknowledge that Our Team may or may not pre-screen Content, but that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse or remove any Content that is available via the PhotoDuels. Without limiting the foregoing, Our Team shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You acknowledge, consent and agree that Our Tea may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (any of the following):

• comply with legal process;
• enforce the TOS;
• respond to claims that any Content violates the rights of third parties;
• respond to your requests for customer service; or
• protect the rights, property or personal safety of Our Team, PhotoDuels, its Members and Visitors.

6. INTELLECTUAL PROPERTY RIGHTS

PhotoDuels does not claim ownership of Content you submit or make available for inclusion on the PhotoDuels. However, by posting or submitting any Content to PhotoDuels, you are representing the following:

• you are the owner of said Content, or are making your submission or posting with the express consent of the owner of said Content; and
• you are eighteen (18) years of age or older.

Furthermore, when you submit or post any Content, you are granting us, a royalty-free, unrestricted, irrevocable, non-exclusive, worldwide license to use, modify, copy, transmit, delete, profit from in such ways as, but not limited to, sale or display, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, in perpetuity. The foregoing permission shall include the right to utilize any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. If you are a copyright or trademark owner who believes your copyrighted or trademarked material has been posted, reproduced or distributed via the PhotoDuels in a way that constitutes copyright infringement, please inform us by contact form at http://www.photoduels.com/contact.

7. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PhotoDuels, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PhotoDuels team and owners shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the PhotoDuels.

8. SUGGESTIONS

By submitting ideas, suggestions, documents, and/or proposals (Suggestions) to PhotoDuels through our contact or feedback webpages, you acknowledge and agree that:

• your Suggestions do not contain confidential or proprietary information;
• Our Team is not under any obligation of confidentiality, express or implied, with respect to the Suggestions;
• Our Team shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide;
• Our Team may already considerate or develop something similar to the Suggestions;
• your Suggestions automatically become the property of Our Team without any obligation Our Team to you; and
• you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

9. INDEMNITY

You agree to indemnify and hold PhotoDuels, Our Team and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the PhotoDuels, your use of the PhotoDuels, your connection to the PhotoDuels , your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the PhotoDuels.

11. TERMINATION

We reserve the right to terminate your right to use or access the PhotoDuels at any time without notice. If your rights to access the PhotoDuels have been terminated you are no longer authorized to be a Member or Visitor of the PhotoDuels or use it in any capacity.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PHOTODUELS, INCLUDING ITS MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE PHOTODUELS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE PHOTODUELS.

13. VIOLATIONS

Please report any violations of the TOS to us via http://www.photoduels.com/contact.

14. OTHER

This agreement shall be governed by and construed in accordance with the laws of the Republic of Poland without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.