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TERMS AND CONDITIONS OF USE
At ECfoto.net, our primary aim is that every User of our Site enjoys and
makes the most of their experience. To protect our Users, it remains
necessary for us to set out the terms and conditions of use of the Site to
make sure that every User�s enjoyment remains unaffected.
Access to or use of the Site is subject to your agreement to be bound by the
Terms and Conditions of Use ("Terms") and of the Privacy Policy. Upon
accessing the Site, you will have already clicked to signify your acceptance
of the Terms and the Privacy Policy and so you will have been deemed to have
read and accepted all the terms set out below. These Terms are binding upon
all persons who access the Site.
1.
Useful definitions used in these Terms
In these Terms, we use the following definitions set out below. Please
refer back to at any time and make sure you understand them.
"Content" submissions to the Site or via the Services whether
direct or indirect including without limitation to all of the following:
images, photographs, drawings, diagrams, text or any other data or
information in whatever form or language, text files, sound files, video
files, and scripts
"ECfoto.net" ECfoto.net is a product of Fototag Limited.
"Members" persons registering for the use of the Site,
"Membership" includes free or pay membership type offered by
ECfoto.net from time to time
"Services" services offered by the Site or ancillary to such
services offered by ECfoto.net
"Site"
www.ECfoto.net
"Terms" the Terms and Conditions of Use of the Site and of all
Services provided by ECfoto.net
"Visitors" all persons accessing the Site other than Members
�User(s)?nbsp; includes Members and Visitors
2.
Membership
2.1
Registration as a Member is required for the use of majority of the
Site's features
2.2
Any User can join as a Free Member and upgrade to Premium types of
Member at any time by paying the prescribed fees and accepting any addition
Terms of use.
2.3
ECfoto.net may in its absolute discretion accept or reject any
application for Membership. Any delay in processing any Membership
application or rejection for Membership application shall not be subject to
any review or appeal; and shall not entitle any person whose application is
rejected or delayed to form any claim, remedy, or relief whatsoever against
ECfoto.net. The decision of ECfoto.net on any Membership application
shall be final.
3.
Professional/Amateur photographer, model, stylist and makeup artist
3.1
ECfoto.net offers a registration service for persons offering
themselves for photography, modelling, stylist and make up work, whether the
person is amateur or professional, and whether the offering service is for
profit or otherwise
3.2
ECfoto.net will not charge such persons for listing their services
on the site, other than the membership subscription offered from time to
time.
3.3
Without affecting the generality of the other Terms, any person
listing their services on the site warrants that:
3.3.1
all information provided is true and accurate and correct in all respects;
and
3.3.2
the listing and all supporting data and information is submitted either
personally by the named intended member who is the subject of the
application or by someone who is fully authorised to make such submission on
behalf of the named intended member and who is fully authorised to bind such
named intended member to these Terms; and
3.3.3
the intended named member genuinely intends to offer personal services for
modelling work.
3.4
ECfoto.net gives no warranty and makes no representation that
listing the service will result in a member being offered assignments
whether for profit or otherwise.
3.5
ECfoto.net reserves the right in its absolute discretion to
immediately terminate or restrict the use or operation of all Services
provided to or accessible by member or any part of them without giving any
reason or explanation, and no member whose use of or access to the Site or
any Services is terminated or restricted shall be entitled to any form of
claim, remedy or relief whatsoever against ECfoto.net.
4.
Visitors
4.1 Visitors are always welcome to the Site and their use of the Site
and any Services available to them is subject to the Terms to which they
agree to be bound, and where applicable, as if such Visitor were a Member.
ECfoto.net reserves the right in its absolute discretion to immediately
terminate or restrict the use by any Visitor of the Site without giving any
reason or explanation, and any Visitor whose use of or access to the Site or
any Services is terminated or restricted shall not be entitled to any form
of claim, remedy, or relief whatsoever against ECfoto.net.
5.
Fees
5.1
To avoid termination or suspension of Services, any annual fees for
Membership or other annual services will be automatically renewed upon
expiry unless you notify us in writing at least 21 days before expiry that
you wish to terminate the service.
5.2
We will notify existing Members 30 days before any increase in
applicable Membership fees. If you do not wish to proceed with automatic
renewal of your Membership, you have to give us at least 21 days notice
before expiry.
5.3
Please note that a Membership which requires payment of annual fees
may lapse if we are unable to receive payment using your selected payment
method. In that event, you will need to make other payment arrangements to
ensure that your Membership is renewed. ECfoto.net shall accept no
liability or responsibility for any loss of data or restriction termination
or suspension of our Services caused due to non-receipt or late receipt of
payment.
5.4
Similarly, in the event that a trial Membership is offered under any
Membership category, if prior to the expiry of the trial Membership, such
trial Membership has not been upgraded by means of application and effecting
the full payment required, if any, to the appropriate Membership, then
ECfoto.net reserves the right to terminate or suspend the trial
Membership without notice being given upon which ECfoto.net shall
likewise accept no liability or responsibility for any loss of data or
restriction of Services occurring as a result of such termination or
suspension.
5.5
Save as provided for above, published Membership fees and other fees
are subject to change without prior notice except for notice to existing
Members as required under these Terms.
5.6
ECfoto.net may from time to time offer new or additional Services
which require payment of separate fees subject to any additional terms.
6.
Registration
6.1 For areas of the Site or Services offered where registration is
required, you agree and undertake to register for the Site using accurate
and up to date information about yourself - including your correct name,
address and any other requested details. If you are asked for, and provide,
details of a credit, debit or charge card, you must ensure that you are
fully entitled to use that card, and it has available funds sufficient to
cover the charges which are deducted from it.
7.
Site Intellectual Property Rights
7.1
All contents of the Site include but not limit to the text, software,
scripts, graphics, images, sounds, interactive features and the trademarks
and logos contained are the exclusive property of ECfoto.net. As such,
such content may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise used for any other
purposes whatsoever without the prior written consent of ECfoto.net.
8.
Content submitted
8.1
You shall accept sole responsibility for all Content submitted to the
Site and all liabilities and consequences. In submitting Content, you
warrant that:
8.1.1 you
own or have the necessary licenses, rights, consents, and permissions to use
and authorise ECfoto.net to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all Content to
enable inclusion and use of the Content on the Site and the Terms; and
8.1.2 you
have the written permission of each and every identifiable person in the
Content to use of that person's name or likeness as contained in the Content
on the Site in accordance with the Terms.
8.2
All ownership and intellectual property rights in Content submitted
will remain with the submitting Member. However, by submitting the Content
to ECfoto.net, you hereby grant ECfoto.net a worldwide, non-exclusive,
royalty-free license to use, reproduce, distribute, and display the Content
on the Site and in relation to Services offered.
8.3
You further warrant and undertake not to submit:
8.3.1
copyrighted material, confidential material or material protected by trade
secret or otherwise subject to third party rights of ownership unless you
are the owner or have permission from the owner to use such material and to
grant ECfoto.net all of the licence rights granted herein:
8.3.2
material that is unlawful, obscene, defamatory, pornographic, incites
racial, ethnic or other hatred; or
8.3.3 that
would result in any civil or criminal liability.
8.4
ECfoto.net disclaims all liabilities in relation to all Content
and affirms that it does not permit infringement of intellectual property
rights on the Site. ECfoto.net will remove all Content if properly
notified that such Content infringes any person's intellectual property
rights. ECfoto.net reserves the right to remove Content without prior
notice being given and shall under no circumstances, shall such removal
result in any form of claim, remedy or relief whatsoever against
ECfoto.net.
8.5
For the Premium VIP Members, our program allows them to upload and
save copies of their photos in 1600x1600 resolution at ECfoto.net.
However, if the Photo Gallery of such photos resided is being inactive for a
period of 3 months, ECfoto.net has the right to downgrade the resolution
of those photos. ECfoto.net, under no circumstances, shall such
resolution downgrade result in any form of claim, remedy or relief
whatsoever against ECfoto.net.
9.
Removal of images and other Content from the Site
9.1
ECfoto.net reserves the right to remove without giving any notice
any Content from the Site or from any Services provided in the event that
it, in its absolute discretion, considers that:
9.1.1 the
quality of any Content does not meet the standard desired for use or display
on the Site or in relation to any Services whether as a result of its own
evaluation or as a result of complaints received by Members, or a
combination of both;
9.1.2 such
Content is distasteful, immoral, obscene, pornographic, or otherwise
offensive;
9.1.3 the
Content is in breach or infringement of copyright or other intellectual
property rights of the third party whether or not a complaint has been
received;
9.1.4 the
use or display of any Content on the Site or other Services is in breach of
the Terms;
9.1.5 the
use or display of any Content on the Site or other Services would cause
ECfoto.net to be in breach of any contract obligation or other
legislation or regulation;
9.1.6 there
are other reasonable grounds for removal of the Content.
9.2
ECfoto.net shall have no liability whatsoever to any Member or any
other person arising from the removal of any Content from the Site or from
the Services, or for any refusal or delay in restoring such Content to the
Site or the Services and ECfoto.net specifically disclaims any liability
in contract, tort, statute or otherwise (including but not limited only to
claims for breach of contract, defamation, negligence, copyright and other
intellectual property right infringement) or for any other losses or damage
whether direct or indirect including loss of income, profit or goodwill,
loss of images, data, damage to or loss of use of any hardware or software.
10.
Termination or suspension of Membership or registration as a Model and
Services
10.1
In the event of any breach by a Member of the Terms, ECfoto.net may
immediately terminate or suspend a Membership including of any Content or
any other information displayed in relation to the member and thereafter
give notice to the Member concerned of termination or suspension of service
and where applicable, of registration. In the case of suspension,
ECfoto.net shall have absolute discretion as to the period of suspension
and any additional conditions imposed as a condition of lifting any
suspension. In either the case of termination or suspension, where any fees
or payments have been made, ECfoto.net shall not refund or rebate any
fees or other payments. Termination or suspension of Membership or use or
access to the Site by a Model shall be without prejudice to any right of
ECfoto.net against the Member concerned or any third party, including the
right to demand and recover payment of any outstanding fees or other
payments due.
11.
Contacting ECfoto.net
11.1 You can contact us by e-mail at .
When contacting us, please ensure that you include your full name and
email address with all correspondence. We actively encourage feedback on the
Site which should be sent to
12.
Disclaimers and limitations of liability
12.1
You understand and agree that the Service is provided "AS-IS". To the
fullest extent permissible by law, ECfoto.net disclaims any warranty
responsibility or liability whether express or implied in relation to the
use of the Site and the quality fitness or merchantability of the goods and
services offered by the Site, whether services provided by the Site will be
uninterrupted or if interrupted the length of any downtime, the standard of
the Services offered, and whether the Site contains any error, mistakes
omissions inaccuracies or mis-statements, or whether the Site or the
Services offered by ECfoto.net are free of any viruses or harmful
components including but not limited only to spyware, bugs, worms or
anything similar.
12.2
All images, services, information, software or other material displayed or
available on this Site are provided "as is", with no guarantee of
completeness, accuracy or timeliness. No liability is accepted under any
circumstances whether in contract, tort, statute or otherwise (including but
not limited only to claims for breach of contract, defamation, negligence,
copyright and other intellectual property right infringement) or for any
other losses or damage were the direct or indirect including loss of income,
profit or goodwill, loss of images, data, damage to or loss of use of any
hardware or software which is incurred by a Member or any other person
arising from the Site or use of the Services offered by ECfoto.net.
12.3
Members and others are therefore advised that it is their responsibility to
back up all their images and other data as the Site is not operated to
provide permanent and lasting storage or backup of any images or data.
12.4
ECfoto.net shall not be a party to any contract dealing or transaction
between a Member and any other third party as a result of use of the Site or
the Services offered, notwithstanding that ECfoto.net may levy charges
for the use of the Site or the Services offered which result in such
contract dealing or transaction. In particular, it shall be the sole
responsibility of any Member or third party seeking to sell or licence
rights to images or marketing any merchandise services or products on or
through the Site or the Services to ensure that its terms for sale or
licence are in accord with its intentions, and ECfoto.net accepts no
liability whatsoever in this respect.
12.5
ECfoto.net further disclaims any responsibility or liability for any
content appearing on the Site or the Services, including in any
advertisements or accessed as a result of following links appearing on the
Site or the Services.
12.6
Without limiting the generality of the above, ECfoto.net makes no
warranty and specifically disclaims all liabilities in respect of any
warranties or representations made by any Members or any third parties as to
the quality fitness and merchantability of any goods and services offered
whether or not the same appear on any part of the Site, or as a result of
following any link appearing on the Site, or are obtained as a result of
using any information such as but not limited to contact information
appearing on the Site or the Services. The sole responsibility for any
services offered, representations and warranties, advice, statements
opinions or other information posted or transmitted by any Member or third
party shall remain with that Member or third party and shall under no
circumstances be attributable to ECfoto.net.
12.7
The total liability of ECfoto.net and that of its directors, company
officers, employees or agents including for general, special, consequential,
punitive and all other damages, losses and costs shall in any event not
exceed the fees paid to ECfoto.net relating to the Membership within the
previous 12 months if applicable, or the sum of US$100 whichever is the
lesser amount.
13.
Indemnity
13.1
You shall fully indemnify ECfoto.net and its directors, company officers,
employees or agents against all actions claims liabilities losses damages
proceedings costs and expense including legal costs (on an indemnity basis)
which may be incurred by ECfoto.net as a result of your use of the Site
and the Services provided, your breach of any of the Terms, and your
infringement of any third party rights but not limited only to property
rights, intellectual property rights and privacy rights.
14.
Invalidity of particular provisions not to affect remaining provisions
14.1 If any provision of the Terms is held to be invalid by a court of
competent jurisdiction, the remaining provisions of the Terms shall be
unaffected and shall remain in full force and effect. Failure or omission to
assert or enforce any rights accruing to ECfoto.net under the Terms shall
not be deemed or constitute any waiver of such rights.
15.
Assignment of rights
15.1 The rights granted under the Terms may be fully assigned by
ECfoto.net but may not be transferred or assigned by you without the
prior written consent of ECfoto.net, in which respect ECfoto.net
retains absolute discretion as to whether to give such consent.
16.
Governing law
16.1
The use of this Site and our Services, the Terms and Privacy Policy and any
matter in relation to this shall be governed by the laws of the Hong Kong
Special Administrative Region of the People's Republic of China whose courts
shall have exclusive jurisdiction in respect of any action claim or dispute
between ECfoto.net and you or any third party.
16.2
Your responsibility for compliance: The Site operates from the Hong Kong
Special Administrative Region of the People's Republic of China (or plain
"Hong Kong" for short) and is governed by Hong Kong law. Since access to the
Internet is worldwide, it is your responsibility to ensure that your use of
the Site and the Services comply with all legal and regulatory requirements
of your jurisdiction and you warrant to ECfoto.net that your use of the
Site and the services comply with all such legal and regulatory requirements
of your jurisdiction.
16.3
In particular, we understand that images or comments which appear generally
acceptable in Hong Kong may be construed differently in other jurisdictions
leading to possible civil or criminal sanctions in those other
jurisdictions. It is for you to ensure that your access to and use of the
Site and the services comply in all respects with the applicable legal and
regulatory requirements of your jurisdiction.
17.
Changes to the Terms
17.2 These Terms are subject to change from time to time and your
continued use of the Site after publication of any changes has made on the
Site shall be deemed to be your acceptance of, and agreement to abide by all
changes to the Terms.
18.
Language
18.1 Should these Terms be published in any form in any other language,
in the event of any discrepancy, the Terms as published in English shall
prevail.
These Terms were last updated on 8 March 2007
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