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photocritiQ.com Terms of Use

By using the photocritiQ.com web site, a service of Brian and Cynthia J. Mottershead of Carlisle, Massachusetts, doing business as photocritiQ.com ("photocritiQ", "We", or "Us"), you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

  1. You must be 13 years and older to use this site.
  2. You are responsible for any activity that occurs under your screen name.
  3. You are responsible for keeping your password secure.
  4. You must not abuse, harass, threaten, impersonate or intimidate other photocritiQ users.
  5. You may not use the photocritiQ.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the photocritiQ.com service.
  7. You must not modify, adapt or hack photocritiQ.com or modify another website so as to falsely imply that it is associated with photocritiQ.com.
  8. You must not create or submit unwanted email to any photocritiQ members ("Spam").
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of photocritiQ.com, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your photocritiQ.com account. While photocritiQ.com prohibits such conduct and content on its site, you understand and agree that photocritiQ cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the photocritiQ.com service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the photocritiQ.com service for any reason, without notice at any time, including reorganizing posting areas and moving Content.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail to the email address that we have on record for you. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time, including terminating an already-created account.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  5. The photocritiQ service makes it possible to post images hosted on photocritiQ to outside websites. This use is accepted and encouraged. However, pages on other websites which display images hosted on photocritiq.com must provide a link back to photocritiQ from each photo to its photo page on photocritiQ.
  6. Your account will also be terminated if it is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.

Copyright

  1. With respect to any comments, links or other text authored by you that you post in the forums, photo commenting areas, chat rooms, or other posting areas of photocritiQ.com, you grant photocritiQ an exclusive, world-wide, perpetual, transferrable license to publish those comments or text on the World-Wide Web. Your comments will be attributed either to the screen-name that you had on your account at the time you wrote the text or to the current screen-name on your account, at our discretion. photocritiQ may delete, edit, or modify your textual posts. We reserve the right to remove, limit, or otherwise change features of the site which give you the ability to delete or edit your text after it is posted, and in general you may not be able to remove or edit your posts.
  2. With respect to images, video, audio and other non-textual Content that you post on the site, you grant photocritiQ a non-exclusive, world-wide, transferrable, terminatable license to publish those images on the photocritiQ.com site or successor site. You may terminate this license at any time by deleting the non-textual Content from the site. However, if you delete such Content and terminate the license, you grant photocritiQ a non-exclusive, world-wide, perpetual, transferrable license to retain and publish a thumbnail version or a clip of the Content on photocritiQ.com or successor site, to be displayed, played, presented, etc, in conjunction with discussions of that Content that may have been written by you or other participants in the site and to provide the context for such discussions. photocritiQ may also allow third-parties, such as search engines, to use thumbnails of your images in the course of indexing photocritiQ.com, archiving it, listing it in directory services, and so forth. If your account is closed by you or terminated by us, we will promptly remove all your images, retaining only thumbnails. A thumbnail or clip is defined to be a small or abbreviated version of the original Content which provides sufficient context to understand a discussion of the Content.
  3. By posting an image on photocritiQ.com, you grant to other users of the site the right to make a copy of your image, for the sole purpose of editing or modifying it in order to illustrate a point being made in a discussion of your image, and reposting the derivative image on the site in a discussion of the original image.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

PhotocritiQ respects the intellectual property of others, and we ask our users to do the same. PhotocritiQ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PhotocritiQ's Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • 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;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

PhotocritiQ's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

photocritiQ Copyright Agent
118 Nowell Farme Road
Carlisle, MA, 01741
United States of America

By phone: (978) 371-3960
By email: copyright@photocritiq.com