Terms of Service - Photo Perspectives

Dated: March 29, 2022

Introduction

Thank you for using the Photo Perspectives platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to discover, view, and share photographs and other content, provides an online communications platform for people to interact with, and learn from, others across the globe. Free and paid instructional courses are also available.

Your Service Provider

The entity providing the Service is Photo Perspectives, a company operating under the laws of Maine, located at 21 Rider Road, Brewer, Maine 04412 (referred to as “Photo Perspectives”, “we”, “us”, or “our”). Our registered agent is Avery Day, Stevens & Day, LLP, 82 Winthrop Street, Augusta, Maine 04330.

Applicable Terms

Your use of the Service is subject to these terms, the Photo Perspectives Community Guidelines and the Copyright Policies which may be updated from time to time (together, this “Agreement”).

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Use of the Service

Age Requirements:

You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian. Users under age 13 must have their parent or guardian establish the Table Round account and decide what level of personally identifiable information to provide. Our Privacy Policy describes what information we collect and how we use it.

Permission by Parent or Guardian:

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. Allowing your child to use the Service, in a supervised or unsupervised manner, subjects you to the policies outlined herein and any applicable legal standards.

Content on the Service:

The content on the Service includes videos, audio, graphics, photos, text (such as comments and scripts), branding, interactive features, software, metrics, and other materials whether provided by you, Photo Perspectives, or a third-party (collectively, “Content”).

Content is the responsibility of the person or entity that provides it to the Service. Photo Perspectives is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us at compliance@photoperspectives.org.

Photo Perspectives Account:

You can use parts of the Service, such as browsing and searching for Content, without having a Photo Perspectives account. However, you do need a Photo Perspectives account to use some features. With a Photo Perspectives account, you may be able to comment on content, access certain restricted content, and upload your own photographic images.

Your Information:

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The Service may contain links to third-party websites and online services that are not owned or controlled by Photo Perspectives. Photo Perspectives has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

Photo Perspectives Image and Multi-Media Submission Agreement

You must enter into this Agreement if you want to submit digital images or other content to Photo Perspectives through the Table Round Social and Educational Platform or other (the “Service”). As used in this Agreement, “we” or “Photo Perspectives” means the Photo Perspectives Corporation registered as a nonprofit, charitable organization in the State of Maine, and “you” means the individual or entity submitting materials to Photo Perspectives. Any individual or entity that wants to use the Service must accept the terms of this Agreement without change.

Eligibility

You may only submit Materials to the Service for which you hold all intellectual property rights. In other words, if you submit a digital image to us, you must own all rights to such image. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Parents/legal guardians of minors agree to our Terms of Service and Image Use policies on behalf of their minor child as they are the party establishing the account for the child and responsible for uploaded content. You may not submit any personally identifiable information about any child under the age of 13 unless you are the parent or legal guardian of the child or explicitly authorized by the parent or legal guardian to do so.

Definitions

As used in this Agreement, (a) “Materials” means all content that you submit to Photo Perspectives, including all photographs, illustrations, graphics and text, and (b) “Media” means any means of conveying information, whether now known or hereafter devised.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to Photo Perspectives and other users of the Service, as described below.

You hereby grant to Photo Perspectives a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) share that information with the appropriate professional services necessary for the given end product ( the printer of a promotional brochure for Photo Perspectives). The most common example of this policy in action involves allowing us to use an image created by a member of one of our workshops on our website, in a promotional brochure, or in educational materials as an example of the type of work being done as part of our programs and in aiding the carrying out of our mission in general. By using our Service, such license is given freely and without your expectation of further compensation.

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Removal of Materials

If you decide you would like to remove your Materials from the Service, you may provide written notice to Photo Perspectives by either deleting the image through the Photo Perspectives interface or by contacting Photo Perspectives through the Contact Form available on our website. Please list “Removal Request” in the Subject. Photo Perspectives will remove such Materials from the Service within a reasonable period of time. We are unable to “unpublish” materials already incorporated into promotional or educational materials.

Specifications and Guidelines

You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the Photo Perspectives web site or of which you are otherwise notified (“Guidelines”), as these Guidelines may be changed in the future.

Representations, Warranties and Indemnities

You represent and warrant to Photo Perspectives that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Paragraph 4 above, (b) you will comply fully with all terms of this Agreement, (c) the Materials submitted to Photo Perspectives submitted by you, and Photo Perspectives’ exercise of their rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials by Photo Perspectives as permitted hereunder, (e) the Materials are not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold Photo Perspectives harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.

Restrictions

You agree that you will not submit Materials that are unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable, or that otherwise violate general Photo Perspectives community standards. We expressly reserve the right to remove or not make available any Materials that we deem to be in violation of this Agreement, applicable laws or our community standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit Materials to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

No Obligation

Although we have the right to include your Materials in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Materials or remove them from our Service at any time.

Photo Perspectives Intellectual Property

Unless otherwise stated, Photo Perspectives and/or its licensors own the intellectual property rights for all material on Photo Perspectives. All intellectual property rights are reserved. You may access this from Photo Perspectives for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from Photo Perspectives
Sell, rent or sub-license material from Photo Perspectives
Reproduce, duplicate or copy material from Photo Perspectives<
Redistribute content from Photo Perspectives

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Photo Perspectives.

Changes to Agreement

We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. However, for all changes to this Agreement, excluding Specifications and Guidelines, we will post a notice of change for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Your continued use of this service following our posting of any changes will constitute your acceptance of such changes.

Changes to the Service

Photo Perspectives is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

Liability

Photo Perspectives will not be liable for any indirect, incidental, or consequential damages (including but not limited to such damages arising from breach of contract or warranty or from negligence or strict liability) arising out of or in connection with this agreement, even if we have been advised of (or knew or should known of) the possibility of such damages.

Disclaimer

Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and Photo Perspectives does not make any specific commitments or warranties about the service. For example, we don’t make any warranties about: (a) the content provided through the service; (b) the specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; or (c) that any content you submit will be accessible on the service.

Miscellaneous

This Agreement will be governed by the laws of the United States of America and the state of Maine, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Penobscot County, Maine, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. The Specifications and Guidelines (including all future changes) are incorporated by reference into this Agreement. This Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of the web site of Photo Perspectives.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.