Description of Service
Our Website offers the following services to users: An online community for photographers to post photographs and images, share comments, and promote their work through the Site. (Services). Services include, but are not limited to, any service and/or content WDYTT makes available to, or performs for, you during usage of the Site. Content ("Content") includes, but is not limited to text, comments, messages, photographs, images, graphics and website code.
WDYTT reserves the right to suspend or discontinue the availability of the Site, Service, or remove Content at its discrection and without prior notice. WDYTT may impose limits on features or Services without notice or liability. The Site must not be relied on used for storage of your photographs or images. You are advised to keep your own copies of all Content posted to the Site.
Visitors ("Visitors") are people who come to the Site to merely browse images and comments. Visitors have resticted access to Services and Content while browsing the Site.
Members ("Members") are people who have created an account and are given full access to all Services and Content while using the Site.
Users ("Users") defines Members and Visitors where access overlaps.
To use our Services, you must register with our Site to become a Member. Your Membership is not transferable or assignable to other people and is void where prohibited. This is intended solely for Users who are at (i) 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 may display photographs and images containing violence that may be offensive to some.
WDYTT has sole right and discretion to determine to accept a Member, and may reject a Member's registration, with or without explanation.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that the Site cannot and will not be liable for any loss or damage arising from failure to comply with password security as discussed herein.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates. WDYTT does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. WDYTT will monitor user submitted Content to ensure they meet our Terms.
By using the Site, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms. As examples, and not limitations you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit 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 have any communication or solicitation designed or intended to obtain password, account, or private information from any WDYTT user;
- To create or transmit unwanted 'spam' to any person or any URL
- To create multiple accounts for the purpose of making positive or negative comments on users' photographs or images;
- To post copyrighted Content which doesn’t belong to you;
- 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 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 WDYTT at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. WDYTT reserves the right, but has no obligation, to monitor disputes between you and other users.
User Submitted Content
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 WDYTT a worldwide, Non exclusive license to use the Content and are representing and warranting to WDYTT the Content is owned or duly licensed by you, and that WDYTT is free to use the Content to promote the photographer and WDYTT without obtaining permission or license from any third party. When using user submitted Content WDYTT will credit the photographer on the advertisement.
In consideration of WDYTT's agreement to allow you to post Content to the Site and WDYTT's agreement to publish such Content you agree with WDYTT as follows:
- You acknowledge that:
- By uploading your photographic images (work) to WDYTT you retain full rights to those images that you had prior to uploading.
- By posting Content to the Site you hereby grant to WDYTT a non-exclusive, transferable, fully paid, worldwide license to use such Content in marketing of the Site. 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 WDYTT includes the right to use your Content fully or partially for promotional reasons 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 WDYTT by you;
- WDYTT 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, WDYTT makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. WDYTT 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 WDYTT 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 represent and warrant that:
- 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 WDYTT 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 WDYTT 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.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against WDYTT, all of which such rights are hereby expressly and irrevocably waived by you in favor of WDYTT.
WDYTT respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. WDYTT 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. WDYTT is fully complaint with the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).
To notify WDYTT of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement" to email@example.com. Include in your notice a detailed description of the alleged Infringement sufficient to enable WDYTT 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 WDYTT with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable WDYTT to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you 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.
The Site may provide, or third parties may provide, links to other web sites or resources. Because WDYTT has no control over such sites and resources, you acknowledge and agree that WDYTT is not responsible for the availability of such external sites or resources. WDYTT does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WDYTT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Limitation Of Liability
In no event shall WDYTT be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
WDYTT may terminate or suspend any and all Services and/or your WDYTT 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 WDYTT 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 WDYTT will automatically remove all Content posted to your account.
WDYTT reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a change of photographic property to the terms, WDYTT will notify you by posting an announcement on the site. 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.
Linking to Our Site
You may provide links to our Site, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Site, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Site immediately upon request by us.
Advertisers and Sponsors Disclaimer
Our Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site is accurate and complies with applicable laws. We will perform all actions within reason to ensure advertisers or sponsors are not engaged in illegal actvitity, however are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor's materials.
The inclusion of third party advertisements does not consitute an endorsement, guarantee, warranty or recommendation by WDYTT.
All rules, legal documents (including privacy policies) and operating procedures of Advertisers will apply to you while on any Advertisers websites. We are not responsible for information provided by you to Advertisers. Our relationship to Advertisers is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
This Agreement shall be treated as though it were executed and performed in Rochester, MN, and shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Site or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright © 2018 Where did you take that? Last updated December 19th 2013.