Acceptance Of Terms
Description Of Service
The Site is an online community which enables photographers and graphic artists to post photographs and images, share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site ("Services”). Services include, but are not limited to, any service and/or content LA Photo Gallery makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of LA Photo Gallery. LA Photo Gallery reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. LA Photo Gallery may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with LA Photo Gallery and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your LA Photo Gallery account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your LA Photo Gallery account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.
The Services are for use by individuals who are photographers and graphic artists. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not LA Photo Gallery are entirely responsible for all Content that you post, or otherwise submit to the Site. LA Photo Gallery does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by LA Photo Gallery. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any LA Photo Gallery user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts for the purpose of voting for or against users’ photographs or images;
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially in?ate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person
- To sell or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under "COPYRIGHT COMPLAINTS” below) please send written notice to LA Photo Gallery at email: help@LA Photo Gallery.com.
You are solely responsible for your interactions with other users of the Site. LA Photo Gallery reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting LA Photo Gallery a worldwide, Non exclusive license to use the content and are representing and warranting to LA Photo Gallery That the content is owned or duly licensed by you, and that LA Photo Gallery is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of LA Photo Gallery’s agreement to allow you to post Content to the Site and LA Photo Gallery’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with LA Photo Gallery as follows:
You acknowledge that:
- By uploading your photographic or graphic works to LA Photo Gallery you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to LA Photo Gallery a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to LA Photo Gallery includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to LA Photo Gallery by you;
- LA Photo Gallery uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, LA Photo Gallery makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. LA Photo Gallery does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize LA Photo Gallery to permit users and visitors to the Site to make such low resolution copies of your Content; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to LA Photo Gallery the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by LA Photo Gallery of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
Fair Usage Policy
LA Photo Gallery maintains a fair usage policy to ensure stable and fast service to all users.
Free accounts are limited to a maximum of 10 new photographs/images per week and 2,000 photographs/images in total (approximately 60Gb of storage) and 1Gb of data transfer from profile and portfolios per month. Any additional usage may result in restrictions on your account including limited access to your portfolio or a requirement to upgrade if the limit is exceeded for several months.
Premium accounts are limited to maximum of 1,000 new photographs/images per week 100,000 photographs/ images in total (approximately 3,000Gb of storage) and 10Gb of data transfer per month. Awesome accounts that exceed a limit for several months will be notified of their usage and restrictions may be imposed if usage is not corrected.
If you choose to register to use the LA Photo Gallery Store (the "Store”) the following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘purchase’ or ‘sale’(or similar words) of Store Images (as defined below) means the purchase or sale of a Customer License (as defined below) to use a Store Image.
About the Store
The Store is a Service provided by LA Photo Gallery that allows users to post photos and images for sale to the public. Photos and images are sold by LA Photo Gallery pursuant to the license granted to LA Photo Gallery below. To use the Store you must be at least 18 years of age and have a valid LA Photo Gallery account. By uploading any photos or images to the Store (collectively your "Store Images”) you make the following additional representations and warranties to LA Photo Gallery:
You can lawfully enter into contracts under applicable law and you are at least 18 years old.
You hereby irrevocably waive all moral rights in your Store Images; and
You have obtained and have copies of model releases from all subjects depicted in your Store Images, and such persons voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Store Images to LA Photo Gallery.
Use of the Content and Grant of License
LA Photo Gallery will use your Store Images for the purpose licensing your Store Images to customers of the Store ("Customers”) in such formats as we may, from time to time make available to Customers, including without limiting the generality of the foregoing, via electronic download and print. In connection with the foregoing, in addition to the licenses you grant to LA Photo Gallery elsewhere in these Terms, you grant to LA Photo Gallery a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Store Images (the "Store License”).
The Store License includes the right for LA Photo Gallery to use screen resolution images and thumbnails of your Store Images for display and promotional purposes on the LA Photo Gallery Site, the Store, third party sites, and in connection with internet search results, and embeddable codes. Screen resolution images will be accompanied by your credits.
Your Store Images will be licensed to Customers by LA Photo Gallery in accordance with the LA Photo Gallery Customer License in effect at the time the Customer purchases your Store Image. The LA Photo Gallery Customer License is available at: LA Photo Gallery.com/terms/download_license.pdf.
Removal of Store Images
At any time you can remove your Store Images from the Store automatically using the Store settings. In addition, LA Photo Gallery may remove any Store Images that it believes to be in breach of the Terms. In all cases copies of your Store Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Store License will exist for the period during which a Store Image is posted on the Store and will automatically terminate upon the removal of the Store Image from the Store. Notwithstanding the foregoing, the Store License will continue in respect of any Store Images which were purchased by Customers prior to their removal of the Store until fulfillment of such purchase requests.
Subject to the licenses granted to LA Photo Gallery in these Terms you retain ownership of your Store Images.
Payment of Fees upon Sale of Store Images
You will be paid fees ("Fees”) for the sale of Store Images in accordance with the LA Photo Gallery fee schedule in effect at the time a Customer purchases a Store Image. LA Photo Gallery reserves the right to change the fee schedule from time to time and at any time at its sole discretion. We will notify you of changes to the fee schedule by posting an announcement on the Site. You shall be responsible for reviewing any such changes. Your continued use of the Store, including the continued posting of your Store Images in the Store after a change in fees will signify your acceptance of the revised fee schedule. The fee schedule is available at: LA Photo Gallery.com/terms/fee_schedule.pdf.
In addition to the foregoing, the following terms and conditions shall apply to payment of Fees to you for your Store Images sold through the Store:
The purchase and sale of your Store Images will be deemed to be complete 45 days after payment is received by LA Photo Gallery from the Customer.
Fees shall not be paid in respect of any Store Image that is returned by the Customer for exchange or refund.
Payment will be processed via PayPal as indicated in your LA Photo Gallery account or by cheque mailed to an address designated by you in your LA Photo Gallery account.
If you choose payment by cheque LA Photo Gallery will deduct a processing fee of $10 USD from the amount owing to you.
LA Photo Gallery may deduct or withhold from any amount owing to you any withholding taxes, or other levies as required by applicable law. [The LA Photo Gallery sales report will include all such deductions and withholdings.] You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you.
LA Photo Gallery shall not be obligated to pay any Fees in respect of Store Images that are used in the Store, the Site, third party sites, or in other locations for promotional purposes.
You may terminate your Store account at any time in your sole discretion. LA Photo Gallery may terminate your store account at any time for any reason or no reason. All Store Images remaining in your Store account will be removed by LA Photo Gallery upon termination of your store account.
LA Photo Gallery respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement”) of any person. LA Photo Gallery will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify LA Photo Gallery of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement” care of help@LA Photo Gallery.com and include in your notice a detailed description of the alleged Infringement sufficient to enable LA Photo Gallery to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide LA Photo Gallery with a counter notice in writing to the attention of "Copyright Infringement Counter Notification” at help@LA Photo Gallery.com. You must include in your counter notice sufficient information to enable LA Photo Gallery to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge LA Photo Gallery, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless LA Photo Gallery, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or LA Photo Gallery Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
Limitation Of Liability
In no event shall LA Photo Gallery be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii)
To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
LA Photo Gallery may terminate or suspend any and all Services and/or your LA Photo Gallery account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your LA Photo Gallery account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account LA Photo Gallery will automatically remove all Content posted to your account.
LA Photo Gallery reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, LA Photo Gallery will notify you by posting an announcement on the site. What constitutes a material change will be determined at LA Photo Gallery’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind LA Photo Gallery in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. LA Photo Gallery shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LA Photo Gallery’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. LA Photo Gallery may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.