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Terms and Conditions

Please read through this document, it contains a good number of provisions that affect your right and compulsions. These terms and conditions will administer you to make use of fotonish.com including the downloading and uploading of images/illustrations/videos/files storing and other pictorial or graphic related work(s) onto or from the website fotonish.com.

  • About Fotonish 

Fotonish has started its journey offering convenient file storing, image/illustration/videos uploading and downloading facilities, with a wide extent of creative sharing. Users get opportunities to sell their ingenious works based on quality and ownership proofs on Fotonish. There are mainly two parts of the website: Public area and private.

In the public area, the visitors/viewers can find general information about the website. They can browse or view all the images/illustrations/videos on the website. They can look for diverse works through the built-in search engine on the website. Moreover, they can also pay visit and add their comments about the site, on the Fotonish Blog.

The private sections are limited only to the Registered Members.  Here, in addition to the public section’s facilities, they have the private access to their confidential account information and can store and sell images/illustrations/videos etc. in a secure manner via the website.

Fotonish provides the users not only the opportunity to upload/download their works but also a great chance to become a proud member. It’s the Fotonish Community where users can interact and chat with other photographers as well as join diverse groups. That’s how it works as a great platform for professional pictorial discussion and consultation. But this sharing of photos and videos among users should be undertaken on own accountability; i.e. on the Community section, Fotonish will not be liable regarding any of the privacy and confidentiality issues. If someone is a registered member of the Community, s/he has to send a request to Fotonish to sell one or more of the works. Only the works that are considered up to the mark by Fotonish team will be displayed on the site. The team will evaluate images and other such submitted works based on quality, uniqueness, originality, technical accuracy and ownership authenticity.

To join Community, every user needs to be a registered member. This registration will be the tracking code of the user’s every sort of activity within the site.

Apart from all these, Fotonish has even got an exclusive File Storage section (http://www.fotonish.com/storage/) where users can store any and every sort of files. But users need to register separately here, as it works as an individual segment of Fotonish other than the community or cart.

The Restrictions:

1.       Fotonish will not be liable if users store pirated software/movies/song or others.

2.       The user can only download or upload the files. S/He is responsible to maintain the privacy of access to his/her information.

3.       User can not share any link provided by Fotonish with others. If they do, Fotonish will not be held responsible.

4.       Fotonish can suspend accounts any time- if a user violates any of the stated rules or policies.

5.       For Sale (online shop)-

                                    a.       A user needs to be a member

                                    b.       A user needs to be the genuine/copyrighted owner of the submitted works

                                    c.       Quality of the work needs to be up to the mark

                                    d.       Works need to be original and unique.

 Basic Acknowledgments and Agreements:

Fotonish shall have the right, in its solitary prudence, to alter the terms and conditions of this Agreement, in whole or in fraction, at any time, and any such amendments shall be effective instantaneously upon member notification and publication of such changes on the Website. Your unrelenting use of the Website after the implementation of such alterations and notice represents your recognition and acceptance of the terms and conditions of this Agreement, as so altered. If you do not consent to be obliged by the terms and conditions of this Agreement as so altered, do not access or use the Website.

If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not on account of any modification by Fotonish, do not use the Website.

Procedure of using the works:

You may only download or upload Works from or to the Website compliant with the terms and conditions of this Agreement You may not use, distribute, reproduce, display or generate imitative works based on any authentic Works that appear on the Fotonish Website and you may do so only to the degree as of noticeably permitted under any specific terms and conditions of this Agreement.

You acknowledge and consent that no rights of any Works is transferable, and that the sale of any Works will not be effectuated on or via the Website. You also concede and agree that Fotonish or its licensors preserve all the rights of ownership in and to the Works, and that such Works are enclosed and confined by trademark, copyright and other intellectual property rights of Fotonish or its licensors.

Prohibitions:

You consent that you shall not make use of the Website in any conduct that is not allowed by this Agreement or that infringes any regulation, law or statute in an applicable jurisdiction.

Fotonish strictly prohibits activities featuring right infringement. Users are not allowed to upload or post any work onto or within the website that are confined by reserved rights, copyrights, trademarks or any other intellectual property rights, unless the user possesses or has control or received consent over such issues.  

You are not allowed to upload or post anything onto or within the overall site that is derogatory or libelous or otherwise slanderous, indecent or obscene.

You are strictly prohibited to post or upload any work or content or other material onto the site that include or contain worms, viruses, Trojan horses or other elements having malevolent, disrupting and/or vicious attributes.

You shall not to try to obtain illicit access to any software or hardware systems or networks linked to the Fotonish Website, or unlawfully get hold of any information, services or membership accounts of any other person or entity using the website.

You may not use or imply misleading or deceptive information including false or ambiguous names, email addresses and/or URLs whenever you are using the website.

It any of the users’ works or posted materials or contents is found indecent or abusing intellectual property rights or having any defamatory feature, Fotonish reserves the right and authority to eliminate such works from the website and even block such users’ access to the site usage or even terminate their Membership Accounts.

Notify us if you are the owner:

If you are a copyright or rightful proprietor or an agent thereof and have the belief that any of the site’s user Works or other content contravene upon your copyright issues, it is requested that you submit a notification report right away.

Administration and Functioning of Fotonish:

You concede and agree that you will be solely accountable for whatever content you upload on the website through your registered membership account or any other means. You also agree to the clause that Fotonish has the right and authority to alter or eliminate any of the substances that have been uploaded or posted onto or within the site-if Fotonish Team considers doing so is apt as well as indispensable.

Dealings and Compensations:

Transactions that take place on or from the Fotonish website- such as, downloading of works and compensation made to any uploading member whenever his/her work(s) is downloaded- shall be performed in direct monetary terms. All the dealings shall be conducted from the registered membership accounts of both downloading and uploading members. You acknowledge and accept to the clause that Fotonish authority shall be confidentially keeping technical traces of all these transactions.

Privacy and Confidentiality of Membership Accounts:

You are bound to maintain strict confidentiality regarding the provided Membership Account and Membership Name by Fotonish. This also includes your selected Membership Account Password that is approved by Fotonish. No claim or accountability will be borne by Fotonish if any violation of such confidentiality takes place, as you may not disclose the Membership Account, Name and Password with any other entity and individual.

Atonement:

You consent and accept that Fotonish and all its related associates will not be detained under any claim, allegation, expenses or other accountability that arise from-

a)       Any of your contravention of bindings, warranties or depiction stated this Agreement    

b)       Your illicit use or utilization of the website by any means

c)       vilification or disparage or other denigration of right of privacy

d)       Desecration or breach of any intellectual property right

e)       Smearing or deformation or amendment of any Work or other content or material- intentionally or not.

Bindings and Provisions:

You consent that neither Fotonish nor any of its related associates shall be legally responsible for any direct or indirect, intentional or consequential harms or damages that arise from any sort of your usage of the website.

Fotonish shall have no liability for any works or other content or substance placed or uploaded onto the Website by any registered member in any forum or as comment to any web log.

Termination of Membership

This is a perpetual agreement unless any justifiable reason of termination takes place. Fotonish has the right to conclude this agreement if you are found to be violating or infringing any of your stated warranties, bindings or depictions regarding your usage of the website. Thus, Fotonish has the legitimacy to ban or deactivate your membership account anytime along with the membership name and password.

Result of termination

If this Agreement between you and Fotonish is terminated, your Membership Account shall be blocked and closed-along with your Membership Name and Password being disabled. All of your uploaded materials or contents shall be eliminated from the Website.

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  • Think it’s your image? Contact Us right now!

    Fotonish cautiously selects all of its imageries, ensuring every photo submitted by contributors hold all the legal and valid authenticity. Every contributor has to compulsorily agree to our Terms & Conditions before selling images. Thus, Fotonish will not be liable for any illegitimate use of images by any of the contributors.

    STORAGE

    * No restriction in file type or category

    * Flexible access

    * Unlimited space utility

    * Safe and secured

    * User-friendly and hazard-free

    COMMUNITY

    * Interactive social networking

    * Sharing beyond boundaries

    * Live chat and comment

    * Freedom to join multiple groups

    * Creative discussion & blogging