Terms Of Use

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on
Tuesday, December 22, 2009.

  1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

    This Terms of Use Agreement sets forth the standards of use of the Fotoblur Online Service for Registered Members. This Service is operated by Fotoblur LLC ("Fotoblur"). By using the fotoblur.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at fotoblur.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  2. DISCLAIMER OF WARRANTIES

    The site is provided by Fotoblur on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Fotoblur makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Fotoblur shall have no liability for any interruptions in the use of this Website. Fotoblur disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

  3. LIMITATION OF LIABILITY

    FOTOBLUR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FOTOBLUR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FOTOBLUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  4. INDEMNIFICATION

    Member agrees to indemnify and hold Fotoblur, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

  5. MEMBER ACCOUNTS

    All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Fotoblur of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Fotoblur.

  6. CONDUCT

    You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Fotoblur that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Fotoblur does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Fotoblur, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

    You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

    You agree not to use the Service:

    • for any unlawful purposes;
    • to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
    • to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Fotoblur;
    • to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
    • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    • to upload, post, or otherwise transmit any material which is likely to cause harm to Fotoblur or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
    • for any commercial purpose, except as expressly permitted under these Terms;
    • to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Fotoblur by hyperlink and not to compete with Fotoblur.
  7. MODIFICATIONS AND INTERRUPTION TO SERVICE

    Fotoblur reserves the right to modify or discontinue the Service with or without notice to the Member. Fotoblur shall not be liable to Member or any third party should Fotoblur exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Fotoblur does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  8. THIRD-PARTY SITES

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

  9. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Fotoblur makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    Fotoblur makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  10. COMPLIANCE WITH LAWS

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  11. COPYRIGHT

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007-2014 Fotoblur, will all rights reserved, or is the property of Fotoblur and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fotoblur or the appropriate owner of copyright in such materials is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Fotoblur.

  12. COPYRIGHT IN YOUR CONTENT

    Individuals who have posted works to Fotoblur are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. Fotoblur does not claim ownership rights in your works or other materials posted by you to Fotoblur (Your Content). For the sole purpose of enabling us to make your Content available through the Service, you grant to Fotoblur a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

  13. MONITORING CONTENT

    Fotoblur has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

  14. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, fotoblur.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Email: support[at]fotoblur[dot]com

  15. TRADEMARK INFORMATION

    Fotoblur and fotoblur.com are proprietary marks of fotoblur.com. Fotoblur’s trademarks may not be used in connection with any product or service that is not provided by Fotoblur, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fotoblur.

    All other trademarks displayed on Fotoblur’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fotoblur.

  16. OTHER TERMS

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fotoblur, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.