Acceptance Of Terms
Description Of Service
The Site is an online community which enables photographers to post photographs and images, share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”).
Services include, but are not limited to, any service and/or content Hotshoe.org makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Hotshoe.org. Hotshoe.org reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Hotshoe.org may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with Hotshoe.org and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Hotshoe.org account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Hotshoe.org account.
Services are available only to individuals who are either at least 18 years old. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Hotshoe.org are entirely responsible for all Content that you post, or otherwise submit to the Site. Hotshoe.org does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Hotshoe.org. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, 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 post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hotshoe.org user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts for the purpose of voting for or against users’ photographs or images;
- To post copyrighted Content which doesn’t belong to you;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- 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 Hotshoe.org at email: email@example.com
You are solely responsible for your interactions with other users of the Site. Hotshoe.org reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
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 Hotshoe.org a worldwide, Non exclusive license to use the content and are representing and warranting to Hotshoe.org That the content is owned or duly licensed by you, and that Hotshoe.org is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of Hotshoe.org’s agreement to allow you to post Content to the Site and Hotshoe.org’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Hotshoe.org as follows:
You acknowledge that:
- By uploading your photographic or graphic works to Hotshoe.org you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to Hotshoe.org a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, modify, adapt, publicly perform and publicly display such Content in connection with the Services. 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 Hotshoe.org includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, 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 Hotshoe.org by you;
- Hotshoe.org 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, Hotshoe.org makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Hotshoe.org 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 Hotshoe.org 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 Hotshoe.org 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 Hotshoe.org of the Content as contemplated herein;
- 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 Hotshoe.org, all of which such rights are hereby expressly and irrevocably waived by you in favour of Hotshoe.org.
Hotshoe.org provides premium services to holders of its 'PRO' accounts. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to premium account holders:
Services available to premium account holders are described on the account Upgrade page. Any feature that is not described on the account Upgrade page cannot be grounds for refund of an PRO account. Hotshoe.org may modify, suspend or discontinue Services provided to premium account holders at any time at its sole discretion and without prior notice.
Hotshoe.org respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Hotshoe.org 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.
To notify Hotshoe.org of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable Hotshoe.org 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 Hotshoe.org with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable Hotshoe.org to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially 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 Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hotshoe.org has no control over such sites and resources, you acknowledge and agree that Hotshoe.org is not responsible for the availability of such external sites or resources, and 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 Hotshoe.org 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.
Hotshoe.org may terminate or suspend any and all Services and/or your Hotshoe.org 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 Hotshoe.org 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 Hotshoe.org will automatically remove all Content posted to your account.
Hotshoe.org reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Hotshoe.org will notify you by posting an announcement on the site. What constitutes a material change will be determined at Hotshoe.org’s sole discretion. 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.
Information You Provide to Us:
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.
In order for you to use Hotshoe.org services you must complete a registration form. As part of this registration form, we require select personal information.
To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information, such as a About, favorite URLs, and instant messaging IDs. In addition, you may choose to include photos of yourself in your profile.
We receive and store certain types of information whenever you interact with us. Hotshoe.org and its authorized agents automatically receive and record certain "traffic data" on their server logs from your browser including your IP address, Hotshoe.org cookie information, and the page you requested. Hotshoe.org uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.
Hotshoe.org may collect and, on any page, display the total counts that page has been viewed. This includes User Profile pages. Many companies offer programs that help you to visit websites anonymously. While Hotshoe.org will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Hotshoe.org cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.
Sharing Your Information
Because Hotshoe.org enables people to discover and share information with one another, information about the people who use Hotshoe.org is an integral part of the Hotshoe.org experience. Rest assured that we neither rent nor sell your personal information to anyone and that we will share your personal information only as described below.
Hotshoe.org Personnel: Hotshoe.org personnel and authorized consultants and/or contractors may have access to user information if necessary in the normal course of Hotshoe.org business.
Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Hotshoe.org, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.
User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other Hotshoe.org users in your User Profile. The User Profile is the area on Hotshoe.org where we allow you to tell other Hotshoe.org users about yourself. You may control what personal information is displayed in your User Profile by visiting the Settings section of your User Profile.
Followers' Activity: Much like other online social networks, Hotshoe.org allows non-followers to browse your followers activity.
Syndication: Hotshoe.org allows for the RSS syndication of all of its public content within the Hotshoe.org website.
With Your Consent: Except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.
Keeping Information Secure
Your Hotshoe.org account information is protected by a password for your privacy and security. Protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
Children Under 18 Years of Age
You must be 14 years and older to register to use the Hotshoe.org website. As a result, Hotshoe.org does not specifically collect information about children. If we learn that Hotshoe.org has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 14 and 18 ask and receive their parents' permission before using Hotshoe.org or sending information about themselves or anyone else over the Internet.
Conditions of Use