photodoco

Terms of Service

Date of last revision: 21 March 2014

Before you delve deeply into what our lovely lawyers have writen, we just want you to know that Photodoco is 'pro photographers rights' and all your personal & commercial work you post to this site will always be yours - the photographer. Photodoco is run by photographers - for photographers and our moral code is to represent photographers and their images to the benefit of the photographer.

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Please read these Terms of Use (‘Terms’) carefully. By accessing or using this website, you agree to be bound by these Terms, along with the Privacy Policy and Community Guidelines.

Welcome to Photodoco! Photodoco is first and foremost a platform for excellent creative photographic work, and these Terms are important to support that work, protecting the rights of partners, suppliers, photographers, buyers and ourselves.

Photodoco (‘us’, ‘we’) provides the Photodoco.com website (the ‘Site’, ‘Photodoco’) along with all the services offered therein including social networking, image hosting, exhibition services, promotion of creative work, sale of prints, competitions and giveaways, competitions listings, forums, gallery and events listings, product reviews, news and more (the ‘Services’) to you (the ‘User’), subject to these Terms of Use (‘Terms’), along with the Community Guidelines, the Privacy Policy, notices contained or referenced herein, as well as any posted terms and conditions relating to the use of particular services or materials on this Site and any other written agreement between us and you.

Photodoco reserves the right to change these Terms, along with any other terms and policies regarding use of the Site, at any time at its sole discretion, and without specific notice to you.

At all times, we are committed to have the best interest of your photographic work in mind and your work always remains your copyrighted property. Changes to Terms of Service will be effective immediately upon posting to the Site, and your continued use of the Site and the Services offered by Photodoco will be taken as confirmation of your acceptance of those changes. You acknowledge and agree that it is your responsibility to review these Terms and other applicable policies in order to stay abreast of any changes made.

1) GENERAL TERMS

a) Privacy

Please refer to the Photodoco Privacy Policy for information on how we collect, use and store your information and data. By using the Site and the Services, you agree that we may use your information and data in accordance with our Privacy Policy.

b) Terms of Hosting

Photodoco offers Users a platform for the storage and exhibition of original photography. By using our Hosting Services, you agree to be bound by and accept the additional terms contained in Section B below, which are part of these Terms.

c) Terms of Sale

Photodoco offers Users the opportunity to purchase high quality prints from selected exhibitions displayed on the Site. By making an order through the Site you agree to be bound by and accept the additional terms contained in Section C below, which are part of these Terms.

d) Copyright

The Photodoco website and all its contents are protected by international copyright laws. You agree to refrain from collecting, copying or distributing any part of the Site or its contents. You shall not use any Photodoco materials for resale, commercial use, commercial exploitation, distribution, public performance or public display. You undertake not to use any of the Site or any Photodoco materials other than for their intended purposes.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, please send a notification to us in the following format:

Provide sufficient detail to identify the copyrighted work that you believe has been infringed upon;
Identify the material on the Site that you claim is infringing the copyrighted work listed in item 1 above;
Provide your contact information (an email address is preferred);
Provide information, if possible, sufficient to permit us to notify the person that posted the allegedly infringing content (email address is preferred);
Include both of the following statements in the body of the notice:
‘I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law.’
‘I hereby state that the information in this notification is accurate and that I am the copyright owner, or authorised to act on behalf of the owner, of an exclusive right under copyright that is allegedly infringed’;
Sign the notice;
Send the written notice to the following address:

Email: admin@photodoco.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party.

Photodoco Award Copyright

The photographer owns copyright to their own image(s) submitted. Finalist photos will be printed & displayed at the gallery mentioned and may be used in promotional material regarding the exhibition. Images will also be displayed on the photodoco site. For any other unforeseen future use of the images, the photographer in question will be contacted to obtain consent prior to usage.

Copyright of users images and external usage.

Photodoco members images will not be used for any external (off site) purposes by Photodoco without prior consent from the user / photographer. Thumbnail size images of users work may appear on Photodoco's email newsletter or as a thumbnail image on Photodoco's Facebook to link to the original work on the Photodoco site.

e) User Content

You are solely responsible for the substance of your communications through the Site. You agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any ‘Content’ (including but not limited to images, descriptions, text, information, links, profile information and other content and materials) that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as ‘spamming’), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party; or
impersonates any person or entity, including any of our employees or representatives.

Although we prohibit certain conduct in these Terms, Photodoco neither endorses nor assumes any liability for any Content uploaded or submitted by Users of the Site. We generally do not pre-screen, monitor, or edit the Content posted by Users, and we assume no responsibility for doing so. We try our very best to ensure that the site is a pleasant and supportive platform, but we bear no responsibility for any failure or delay in removing Content that breaches these Terms. You use the Site at your own risk.

Photodoco and our agents nevertheless have the right, at our sole discretion, to screen, edit, remove or monitor any Content that, in our judgment, does not comply with these Terms and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We further have the right to suspend or terminate your use of the Site for breach of these terms or for any other reason. You hereby consent to such actions on the part of Photodoco and waive any claim against us arising from them.

Enforcement of these rules regarding User Content is solely at Photodoco’s discretion, and a failure to enforce the rules in some instances shall not be taken as a waiver of our right to enforce the rules in other cases.

Photodoco may use Industry Listings as a resource for its users - yet is not impersonating them as users. Industry members own business may close or move location or change business hours without Photodocos knowledge. Any inconvenience caused due to changes with these business, Photodoco cannot be held responsible.

You retain the copyright in any Content you post to the Site. By uploading and/or posting the Content to the Site you grant Photodoco a perpetual, nonexclusive and royalty-free right to use the Content and your username as is reasonably necessary to display the Content on the Photodoco website and provide the Services to yourself and other users.

You understand and acknowledge that any Content contained in public postings, including any galleries that are not designated as private, will be accessible by the public and could be accessed, indexed, archived, linked to and republished by others, including appearing on other web sites and in search engine results. Photodoco advises you to be careful about what you post, and to ensure that you understand the various security options and settings available when you post your Content. Photodoco will not be responsible or liable for any third party access to or use of Content that you post.

You represent and warrant that you own or otherwise control all the rights to the Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce the Content and to grant the rights granted herein. You further represent and warrant that the Content you supply is accurate and not misleading.

f) Modification / Discontinuation of the Site

We reserve the right, at our sole discretion, to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the current Services on the Site shall also be subject to these Terms.

g) Registration and Membership

Photodoco offers Users the opportunity to take a look around some areas of the Site without registration. Registered Users gain free partial access to the Services, and payment of the Membership Fee entitles you to access the full range of Member Services during the term of your membership. Members agree to pay all applicable fees and other charges in accordance with the selected membership plan.

At the end of each successive membership term, your membership will be renewed automatically, and the credit or debit card designated on your account will be billed accordingly unless the membership is terminated and/or cancelled by you or Photodoco prior to the end of the previous term. You acknowledge that the amount of the recurring charge billed to your credit or debit card may change if the applicable Membership Fee increases or decreases, and you will be charged the Membership Fee in effect at the time of renewal. In Any case, you will be reminded with your current email address saved on your homepage prior to billing.

If you wish to upgrade to a higher level of membership, the credit or debit card designated on your account will be billed for the difference in price, prorated for the remainder of the term of your membership. At the end of the term of membership, your membership will automatically be renewed at the higher subscription level.

You may cancel your membership via your Members Homepage > Account Details > Settings Tab.

All Membership Fees are non-refundable, and you will not receive a refund for any Membership Fee or part thereof upon termination, cancellation or discontinuation of a membership for any reason.

By becoming a Registered User or a Member you represent and warrant that all information provided in the online registration form is true and accurate, and that you will maintain and update this information as required in order to keep it accurate, current and complete.

You are solely responsible for maintaining the confidentiality of your password and account, and you agree to accept responsibility for any and all activities that occur under your account or from your computer.

If your Membership is terminated, your access to the Site will be limited to those features available to Registered Users.

Photodoco may close the account of a Registered User if the account is inactive for one year or more.

h) Competitions and Giveaways

The Photodoco ‘Competitions’ finalist (10) images will be adjudicated by judges appointed by us, and winners will be chosen on merit. Photodoco’s decision on all matters relating to the Competition is final, and no correspondence will be entered into concerning the Competition’s judging and organisation. Should the unlikely event of the quality of entries to a Competition fall below the standard required, the entry dates may be extended to allow a greater calibre of work to be submitted. Such decisions shall be unchallengeable. Additional terms and conditions may be included on the relevant Competition page.

Photodoco Book and Equipment ‘Giveaways’ are games of skill, and the members with the correct answers will be selected randomly.

Photodoco offers a listing of relevant photography competitions for the convenience of Users. While we take care in the preparation of this listing, we cannot guarantee the accuracy of the information provided and we shall not be held liable for any damages or loss arising from reliance on the listing.

i) Third Party Sites

We are not responsible for the information or material found on third party websites, even if they link to or from the Photodoco website. The inclusion of a link to third party sites on the Photodoco website is offered merely as a convenience and does not imply endorsement of, or association with, the third party website or the third party themselves, and nor does it constitute any warranty of any kind, either express or implied.

j) Advertisements and Promotions

Photodoco may run advertisements and promotions from third parties on the Site or email newsletters, and may facilitate the sale of certain products or services by third parties through the Site. Photodoco takes no responsibility for your dealings with third parties, and does not endorse, approve, or control any products, services, advertising or promotions offered by those parties. Photodoco is not responsible or liable for any loss or damage of any sort incurred as the result of dealings with third parties, or as the result of the presence of advertisers or third party products and services on the Site.

k) Warranty Disclaimer

We make no warranty that the Services and materials provided by Photodoco will meet your requirements.

The Site and all its products and services are provided ‘as is’ and ‘as available’, with no warranties whatsoever. All express, implied and statutory warranties including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement are expressly disclaimed to the fullest extent permitted by law.

Although we work hard to ensure that the Site is working properly, we do not warrant that there will be no interruptions, delays, breaches of security, errors, deletions, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User information or data. You understand and agree that we take no responsibility for such events, should they occur. Photodoco also disclaims any warranties for other services or goods offered or advertised through the Site or received through any of the links provided on the Site, and for any information or advice received through the Site or through any of the links provided on the Site. You use the Site at your own risk.**** is there a nicer way of putting this ie You use the Site at your own discretion. ****

You agree that any material obtained through the Services is used at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your use of such material.

Photodoco encourages you to keep backups of all your Content. Photodoco is not responsible if your Content is deleted or if modification, suspension or discontinuation of the Site causes your Content to become lost or temporarily inaccessible.

l) Limitation of Liability

In no event shall Photodoco be liable to you or any third party for any special, punitive, exemplary, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, goods, profits or capital, arising from your use of or inability to use or view the Site, Services, products for sale, user content, or other materials contained in or accessible through the Site, including any damages caused by reliance on any information obtained from the Site, or damages that results from mistakes, omissions, interruptions, loss of data, viruses, delays, interruptions, or suspension or termination of the Services, and any damages arising from your dealings with third party goods and services offered through the Site, whether or not we have been advised of the possibility of such damages. This limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its intended purpose, or otherwise.

In no event shall the aggregate liability of Photodoco and its affiliates be responsible for any loss, damage or injury of any kind or nature arising out of or relating to the use or inability to use or view the Site, Services, products for sale, user content, or other materials contained in, or accessible through the Site - exceed the sum paid by the User, if any, for access to the Site and Services, or for purchase of goods.

Notwithstanding anything to the contrary contained in these Terms, Photodoco’s liability to you, for any cause whatsoever and regardless of the form of action, shall be limited to the amount paid, if anything, by you to Photodoco for the Services during the term of your membership.

m) Indemnification

You agree to defend, indemnify, and hold Photodoco and our ‘Affiliates’ (including all officers, agents, partners and employees) and subsidiaries harmless from all liabilities, claims and expenses, including attorneys fees, that arise from your use or misuse of the Site, your Content or your conduct.

n) International Use

Photodoco is accessible worldwide, and there may be some jurisdictions where some of the content posted to the Site is illegal. We make no representation that the content of the Site is appropriate for those locations, and Users that choose to access the Site are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

o) Governing Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations.

Photodoco is controlled by us from our Head Offices in Australia. These Terms and all matters relating to the use of the Site are governed by, and are to be interpreted in accordance with the laws of the state of New South Wales, regardless of any conflict of laws provisions. You agree that any legal action arising out of or relating to these Terms shall be filed only in courts located in Sydney, New South Wales, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of those courts over any suit, action or proceeding arising out of these Terms.

p) Severability

If any provision of these Terms is deemed invalid, unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

2) TERMS OF HOSTING

Use of the Hosting Services is subject to these Terms of Hosting in addition to the General Terms of Service.

a) Registration and Membership

Users may register and create an account for free access to limited Hosting Services. A ‘Registered User’ is entitled to create and upload images to two exhibitions. Users that pay the applicable Membership Fee become ‘Members’, and are entitled to create and upload images up to 10 exhibitions per year, or 20 per year as a professional member and 8 portfolio galleries. Further details about the Services and features of the various subscription plans are available on the Site.

b) User Content

The Hosting Services are intended to be used by individual photographers that wish to exhibit, promote and develop their original photography. The Hosting Services are not intended for use by commercial sites and services, such as news or broadcasting. Photodoco reserves the right, at its sole discretion, to suspend or terminate your use of the Hosting Services if we determine that your use of the Hosting Services is inappropriate.

You may watermark your images using our system, or alternatively you can upload images with your own customised watermark.

Photodoco limits the size of uploaded photographs to 3MB. Images will be stored on photodoco servers will be approximately 30k to 700k depending on the compression of the photo.

c) Copyright

By posting images on Photodoco you warrant that you are the author and owner of copyright for those images or are the legally authorised representative of the author and copyright holder, and that you have the right to assent to these Terms and post images on the Site without violating the rights of any third party.You further warrant that posting the material does not violate the legal rights of any other person, and does not violate the laws or regulations of the territory where they are posted.

d) Interruptions or Discontinuation of Hosting Services

Photodoco takes care to ensure that your account and uploaded images are regularly backed up to a secure off-site server. However, you acknowledge and agree that Photodoco will not be liable to you if the Hosting Services are interrupted, suspended, discontinued or unavailable for any reason, and nor will Photodoco be liable for any loss of or difficulty in accessing any Content hosted on the Site. Photodoco encourages you to follow the wisdom of the ages and keep backups of all your Content.

Photodoco reserves the right - at its sole discretion, at any time, and without notice - to suspend, modify, discontinue or permanently cancel the Hosting Services, or parts thereof, including making changes to any policies, features and terms applicable to the Hosting Services.

You acknowledge and agree that your Registration or Membership will be terminated if Photodoco discontinues or cancels the Hosting Services, and we will have no further liability to you.

e) Termination of Services

You may cancel your Registration or Membership at any time via your Members Homepage > Account Details > Settings Tab.

All Membership Fees are non-refundable, which means that you won’t receive a refund of Membership Fees or any part thereof upon termination of your Membership.

If the credit card designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then Photodoco may terminate your Membership for nonpayment. A payment reminder may be sent you via email.

If your Membership is terminated, your access to the Site will be limited to those Services available to Registered (free) Users. Registered (free) Users are permitted just two exhibitions, and if you have uploaded more than this number of exhibitions as a Member you will have to downsize. We will endeavor to provide you with a grace period of six months during which you will be able to access the Content that you uploaded as a Member (though it will not be viewable by other Users), and if Membership is not renewed within six months of termination all but the last twoexhibitions will be deleted from our servers.

Photodoco cannot guarantee that your Content will remain on the Site after you terminate your Membership, so you should make a backup copy of your Content on a regular basis and before terminating your Membership.

f) User Information

You acknowledge and agree that you will not use any Photodoco user information, including usernames and email addresses, for any purpose other than the purposes for which the Services are provided. You agree not to share this user information with any third parties or use it for any marketing purposes of any kind, and you agree not to use this user information in any manner that would violate Photodoco’s Privacy Policy. You agree that this provision shall apply both during and after the term of your Registration, Membership, or other use of the Site.

g) Featured Work

In addition to providing a space for the exhibition of original photography, Photodoco supports photographers by showcasing outstanding work on our Featured Work page. By uploading images to Photodoco you license us to consider your work for inclusion on the Featured Exhibitions page, and to display your exhibition on that page if it is selected by our team of curators.

Featured Work is chosen by a team of curators appointed by us. The decision of the team is final, and no correspondence will be entered into.

h) Email Newsletter

To keep members abreast of what is happening on the Photodoco site, we may send members weekly / fortnightly or monthly newsletters.

3) Terms and Conditions of Sale

a) Sale and Purchase of Goods

Photodoco (the ‘Seller’) gives Members the opportunity to post prints of their original photography for sale to other Users (‘Buyers’) These Terms and Conditions of Sale apply to all transactions arising from the use of these sale services, and are incorporated into any contract for sale, as are the General Terms of Service, as applicable.

Photodoco uses the PayPal system to process orders, and does not itself retain any financial details provided during the transaction. We recommend that you read and understand PayPal’s terms and conditions before placing your order.

The display of goods for sale on http://www.photodoco.com/ and all subdomains represents a non-binding invitation for the Buyer to make an offer by placing an order. By submitting payment on PayPal the Buyer makes a binding offer for a contract of sale. Unless otherwise agreed, the Seller is entitled to accept this contract offer within fourteen [14] days of receipt. Confirmation of the order by Photodoco or PayPal is not a notice of acceptance and does not lead at this point to the conclusion of a contractual relationship. The contract will be accepted either in writing (e.g. through approval of the order by email) or by delivery of the item to the Buyer.

If you are offered the ability to sell prints for sale on the Site, you authorise and license Photodoco to reproduce the relevant image(s) at a reputable professional photographic laboratory, and to supply the purchased print(s) to the Buyer. Photodoco determines the selling price and size of the prints with the Member via email. If an image is sold, a 20% fee or set fee determined between Photodoco and the Member is charged after subtracting the printers costs from the print sale price. This fee is charged to help facilitate the management and coordination of creating the print and the print sale as well managing the shipping, packaging and handling.

b) Colour Correction

Photodoco uses colour correction to create prints with fidelity to the original photograph. Please note that the colours displayed on your screen may be slightly different to those of the original photograph. We will insist that the images submitted for printing will be saved as CMYK, 8bits per channel, jpeg 12, Adobe RGB 1998 at 300dpi.

c) Authentication

Photodoco works hard to ensure that all prints purchased from the Site are in fact the original work of the exhibiting photographer, and most photographs to be printed are researched to ensure they are from the original photographer or their legal estate, but the Site is unable to warrant that fact. In the event that a print is found to have been purchased from the Site on the basis of incorrect information as to authorship or copyright, Photodoco undertakes to refund the purchase price upon return of the print, but will not be held accountable for any further loss arising from misleading, incorrect or fraudulent information posted by any User.

d) Price

All prices displayed on the Site are gross prices (including current, applicable sales tax).

All prices displayed on the Site are subject to change without notice.

Additional costs for postage and packing will be charged to the Buyer, and will be indicated as part of the ordering procedure. Shipping costs are calculated on the basis of the weight of the package(s) and the delivery destination. If the actual shipping costs are higher than the amount shown in your shopping cart because of additional taxes, duties or other fees or for any other reason, we will contact you with the correct shipping costs before shipping your order, and you will have an opportunity to cancel the order or to pay the additional shipping costs.

Photodoco will not be liable for any additional charges arising destination customs clearance processes.

All prices are in U.S dollars.

e) Delivery

Unless otherwise agreed in writing, Photodoco is entitled to determine the mode of delivery of purchased prints, including choosing the packaging materials, the method of shipping and the transportation company.

The regular Delivery Schedule buyers can expect delivery within 2-3 weeks of purchase to allow payment confirmation / printing / and delivery time. If the print requires to be signed by the original photographer, an extra fee is charged to enable the print to be sent to the photographer. Also up to an extra 1 to 2 weeks may be needed depending on the photographers location and the buyers location. Though we will make all reasonable efforts to deliver in accordance with the dates set out in therein, we shall not be liable for failure to deliver as estimated.

A binding date of delivery may be set by agreement in writing. If a binding delivery date cannot be met for reasons beyond our control, we will inform the Buyer immediately and provide details of a revised delivery date. If the revised delivery date cannot be met for reasons beyond out control, Photodoco is entitled to withdraw completely or in part from the contract; and payments already made by the Buyer for undelivered goods will be returned without delay. Our legal rights to revoke or cancel the contractual agreement as well as the legal regulations regarding the settlement of the contract upon exclusion of the obligation to perform (e.g. when performance and/or subsequent performance is impossible or unreasonable) remain unaffected. Likewise unaffected are the Buyer’s legal rights to revoke or cancel the contract, in particular the Buyer’s right to withdraw from the contractual obligation if the goods remain undelivered after the revised delivery date. You agree that Photodoco will not be liable for any loss - beyond the purchase price - arising from our failure to meet a binding date of delivery.

f) Returns and Refunds

Photodoco offers an unconditional guarantee of satisfaction. If you are not happy with any prints purchased from the Site, we will gladly accept the return of the print(s) within 30 days of delivery and we’ll replace it/them or refund the purchase price - whichever you prefer. Note that we generally won’t refund the shipping costs unless your purchase(s) were delivered with defects.

Email admin@photodoco.com with any questions or comments regarding the replacement of or refund for any print.

g) Disclaimer of Warranty/Limitation of Liability

The right to return the purchased prints within 30 days of delivery for a replacement or refund is your sole and exclusive remedy, and such replacement or refund is Photodoco’s sole and exclusive liability with respect to the sale and purchase of goods from the Site. Photodoco expressly disclaims and excludes all other warranties, express or implied, regarding the sale and purchase of goods on the Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.