“Content” – any and all text, media files (including but not limited to photographs, illustrations, drawings, animation) and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with fotoTalk.
“Publishing” – posting online any information (including but not limited to photographs and comments)
“We”, “fotoTalk” – fotoTalk.com website and its owner, Vanguard Minds LLC
“Member” – user that submitted his or her fotoTalk registration form and successfully activated his or her account
“Visitor”, “User” – any person who is accessing fotoTalk.com website
fotoTalk offers several levels of membership: Photographer, Model, Editor and Spectator. All fotoTalk members have access to adult galleries and, therefore, membership is available only to those who can legally view such photos. To be a member of fotoTalk, you need to be at least 18 years old. Membership type is selected by user during the registration. fotoTalk reserves the right to change membership type at any time, for any reason. All fotoTalk members can upload photos to their private albums. Photographers and Models can also publish photos to public galleries for discussion.
Changes to the Agreement
fotoTalk can modify any part of this agreement at any time for any reason. New Terms of Service Agreement becomes active the moment it is published on this page. If you find anything in this document to be unacceptable to you, you can terminate your account by contacting us using online contact form. If you choose to continue using your account after updated Agreement has been posted this will mean that you accepted any and all agreement changes.
Acceptable Use of fotoTalk
Accessing fotoTalk.com website and using any of the fotoTalk services means that you accept this agreement. Any use of fotoTalk services is subject to this agreement.
If you violate this agreement, we may terminate your account without notice.
We cannot guarantee safeguard of your content uploaded to fotoTalk and cannot promise that it will not be lost.
Prohibited Use of fotoTalk
You cannot access fotoTalk website and use any of our services if it is in any way illegal by any applicable law. You cannot use fotoTalk in any way that will lead to violating any law, regulation, treaty or tariff or infringes on the legal rights of any third party. You cannot use fotoTalk and any of its services if you do any of the following:
- Publish defamatory, fraudulent, indecent, offensive or deceptive content (including comments and photos)
- Publish content to which you do not own copyright
- Threaten, harass, abuse or intimidate others
- Damage name or reputation of fotoTalk, its affiliate, owners, administrators and members
- Solicit members and visitors to join any competing website
- Access account that does not belong to you
- Use wrong information on your membership application
- Assume somebody’s identity by registering under different name
- Break security in any way or form, on any computer
- Interfere in any way or form with other members’ use of any services provided by fotoTalk
- Any form of spamming (including posting of duplicate comments)
Any and all fotoTalk.com members are prohibited from storing, publishing, distributing or transmitting any unlawful content using services provided by fotoTalk. You cannot publish any content if you do not own copyright to it.
Nudity/ Explicit Material
fotoTalk allows publishing of artistic nude photographs. Such photos can only be placed to Erotic section which is not available to non-members. It is a responsibility of the member publishing the photo to comply with all government rules and regulations. All members who upload photos to fotoTalk are required to hold copyright to these photos. Photographs that include people require model release. fotoTalk is not responsible for the content published by its members. Members uploading photographs are responsible for their content.
Content Management in Main Galleries
When you publish photos to any of the main galleries (located under “Galleries” tab) you agree to the following conditions. When uploading your work to fotoTalk please keep in mind that this site is a photo resource for professional and aspiring photographers. Use your judgment and make sure the photo you chose to upload best represents your talent and abilities. In certain situations we reserve the right to move inappropriate photos from public galleries into your private album or Photo School. If your photo grossly violates these conditions and is against fotoTalk Terms of Service Agreement we reserve the right to physically remove it and temporarily suspend or permanently delete your account.
Photos can be posted to the Photo School under two conditions: if you need advice on how to improve your work or fotoTalk staff determines that a photo published into main gallery needs a lot of improvement. We cannot guarantee that all photos in Photo School will receive feedback. Photo School rules are:
- If you are confident in your skills as a photographer, feel free to leave constructive and helpful comments.
- If you are a beginner, publish your photos here. You will receive helpful advice from more experienced photographers.
- Photo School is only available to fotoTalk members.
- Please leave only those comments that can be helpful to the author. If you critique a photo, you should explain how it can be improved or corrected.
Membership is available to anyone over 18 years old and who provides all required information including name, and an accurate and legitimate email address. After registration form is submitted, fotoTalk sends out an automatic activation email to the address provided during registration. Email contains a link with a unique code. Clicking that link verifies that prospective member supplied valid email address and activates membership. Upon successful activation, member receives access to the services, according to the type of membership selected during registration. Any fotoTalk member can create one or more private albums and upload their digital graphic files there. Members who registered as Photographer or Model can also publish their work to public galleries, considering they own copyright to these photos.
fotoTalk may terminate any membership and delete any and all information, communications, postings, albums and image files at any time, without notice, for conduct violating this Agreement or other policies or guidelines set forth by fotoTalk, even if they are not part of this agreement.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FOTOTALK BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT ARISING OUT OF YOUR USE OR INABILITY TO USE FOTOTALK.COM, ANY OF FOTOTALK.COM'S CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE. EVEN IF FOTOTALK.COM OR AN AUTHORIZED FOTOTALK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FOTOTALK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FOTOTALK WEB SITE.
It is the obligation of the individual members to ensure that the posting of their photos is not violating any copyright. Members are solely responsible for the content of their photo albums. If you feel a member is violating your copyright, please contact that member.
fotoTalk claims no ownership rights in the content you place on your fotoTalk albums or publish in public galleries. We will not use Member's images for marketing purposes or any other purposes without obtaining the Member's express permission.
All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. fotoTalk reserves its rights in and to all other content contained in the web site. Unless otherwise noted, all content, other than that contained in the Member's photo albums, is copyright © fotoTalk All Rights Reserved.