MyShots - Terms of Use

Legal information

1.1 Terms of use

Last updated: 10 June 2007

The following is a legal agreement between You and the owners and operators of MYSHOTS.com ("Website", "MYSHOTS", "We"). By using the Website You agree to be bound by the terms of this Agreement. If You do not agree with the Terms of use, please do not use the Website.

This agreement may be revised or updated without notice. You are advised to review it regularly. Details on updates can be found at the beginning of this document.

The use of this Website

You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree that You are responsible for all of your use of the site including for the use of your account by others.

The Website contains images uploaded by its members. All images and their descriptions and presentation in general ("Images") on the Website are the property of either MYSHOTS and/or its members and are protected by international copyright laws. Use of these Images without license is prohibited.

The use of Images are governed by You. You have the possibility to add licenses to every of your images, before uploading. If you do not add a license, the general Image license agreement applies.

MYSHOTS and its members do their best to provide accurate information on Images and on the services of the Website, however against all our efforts there can be some typographical and technical errors on it. MYSHOTS cannot be held liable for any losses or damages resulting from the inaccurary of any information on the Website.

Uploading Images

Both parties acknowledge that from time to time You may upload photographs or graphics to the Website, and MYSHOTS will screen these uploads to see if they are suitable for distribution.

You authorize MYSHOTS to be your non-exclusive agent that licenses Images FOR FREE to third parties based on the terms that can be found in the Image License Agreement alongside the restrictions specified at each Image by the author. MYSHOTS agrees not to sell these Images under any circumstances and not to distribute them outside the Website.

You acknowledge that under no circumstances can you demand money from MYSHOTS or those using the Images for the use of said Images. You you may ask payment for a higher resolution version of an Image but only if it's not stored on the Website.

You also acknowledge that the Images may be used for promotional purposes for the Website or your gallery on MYSHOTS.

Furthermore, You acknowledge that MYSHOTS does not allow the upload of Images that infringe on any copyright, property right, trademark or any other applicable right.

You are solely responsible for the Images You upload. You warrant that You own all proprietary rights regarding the Image, and as for Images depicting identifiable persons that You do your best to obtain a valid, legal and signed Model release from those parties to upload alongside the Image.

You acknowledge that even though We do our best to prevent it from happening, MYSHOTS cannot be held responsible for the misuse or abuse of any Image.

We also reserve the right to remove any Image at any time if We believe it's defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution.

You can have a look at the Upload rules here.

Termination

Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination MYSHOTS removes all your Images from the Website. You acknowledge that because of copyright infringement or other kinds of serious - or even malicious - acts, you may face more serious consequences.

Privacy policy

MYSHOTS collects some information about its users for statistical and contact purposes. MYSHOTS holds your data confidentially, it will not be sold to any third parties and it will not be seen by the public. Each member of the Website has a user profile and gallery page, on which your full name and location (city, state, country) may be visible. If You do not wish to share this information with the public You may hide them at any time.

Indemnification

You agree to indemnify, defend, and hold harmless MYSHOTS and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYSHOTS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

MYSHOTS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

1.2 Image license agreement

The following is a legal agreement between You and the owners of MYSHOTS.com ("Website”, “MYSHOTS", "We") which governs the use of non-watermarked images ("Images") downloaded from our Website. By downloading an Image You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download the Image.

All Images on the Website are copyrighted and they are the properties of MYSHOTS or its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image.

UNLESS OTHERWISE STATED BY THE AUTHOR OF THE IMAGE IN THE IMAGE LICENSE AGREEMENT OF "CREATIVE COMMONS" NEXT TO THE IMAGE:
We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE.

You may use the Image:

In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
Along with your corporate identity on business cards, letterhead, etc.
To decorate your home, your office or any public place.

You may not use the Image:

For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
To endorse products and services if it depicts a person.
In a way that can give a bad name to MYSHOTS or the person(s) depicted on the Image.
As part of a trademark, service mark or logo.
SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

Always ask permission from the photographer if you want to use the Image

In website templates that You intend to sell or distribute.
For creating printed reproductions that You intend to sell.
On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass produced item that would contain the Image in a dominant way.

Information on rights

Since MYSHOTS does NOT require a written Model Release for each Image that has identifiable people on it, We cannot guarantee that you will be able to use the Image for any purpose You like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. MYSHOTS does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.

You acknowledge that by your download the ownership of Image does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work You create with the Image must be used either by yourself or by your client. You warrant that You do your best to prevent third parties from duplicating the Image.

You also agree to take the time to comment on and rate the Image you downloaded and do your best to show the work you created with the Image to the photographer. This is a simple thing and means a lot to many of our contributors who simply would like to know how their work is used.

IMPORTANT!

MYSHOTS cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the photographers. You use the site and the photos at your own risk!

Indemnification

You agree to indemnify, defend, and hold harmless MYSHOTS and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYSHOTS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

MYSHOTS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

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