Welcome to Photagious!
Photagious is best place to manage, archive and have fun with your photos like never before.

Please Read These Terms of Use Before You Visit the Photagious Site. You Must Comply With Them to Use the Photagious Site or any Photagious Products and Services.

Terms of Use
Before you enter the Photagious site (the "Site"), or use any Photagious products or services, it is important that you carefully review the Terms of Use of usage set forth below. The Terms of Use may be updated or changed from time to time and you should check this page periodically.

By entering and using the Site, you accept these Terms of Use and agree to be legally bound and subject to them. Acceptance of the Terms of Use creates a binding legal agreement between you and Photagious that you will comply with the Terms of Use and use the Site only in a manner that is consistent with these Terms of Use. Your use of the Site is conditioned on these Terms of Use and your compliance with them. If you do not agree to the Terms of Use, you may not access the Site or use any of its products or services.

1. What Can I Do With Materials Provided By Photagious?
All of the material on the Photagious Site is protected by the copyright laws of the United States and other countries. You are only allowed to use these materials in accordance with applicable law and these Terms of Use. Any other use is prohibited. YOU MAY NOT copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise. Failure to adhere to copyright laws may result in legal action taken by the copyright holder.

You agree to use the Photagious Site only for its intended, lawful purposes and in accordance with all applicable law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access this site by any means except through the interface provided by Photagious and that you will not access this Site from any territory where its contents are illegal.

2. Who Can Be a Photagious Member?
Photagious membership is available to anyone 13 years of age or older who truthfully and accurately registers all required information (including a legitimate email address) and obtains a unique Photagious Username and Password. Persons under the age of 13 cannot become a member unless they provide Photagious with evidence satisfactory to Photagious of their parent's or guardian's express consent to obtain Photagious membership. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

3. Can I Have More Than One Membership?
Each member is allowed to have only one Photagious membership and the privileges associated with membership. Photagious allows only one member per registered legitimate email address. Membership is for personal use only and is non-transferable.

4. What Happens if I Violate These Terms of Use?
Photagious reserves the right to terminate any Membership at any time, for any reason or no reason, with or without notice. In addition, members who violate these Terms of Use may have their membership terminated, services cancelled, and their pages and materials, or portions thereof, suspended, deleted or removed without warning. Photagious will not return removed materials to a member. Photagious is not responsible for any loss of data resulting from termination of membership or removal of member material.

5. What Content or Materials Are Not Allowed on The Photagious Site?
Photagious' goal is to promote the free-flowing exchange of expression relating to members' interests, activities and hobbies while maintaining high standards of respect and decency as well as for the protection of minors. While Photagious makes all reasonable attempts to remove objectionable materials, Photagious is not responsible for policing the entire Site. Accordingly, no Photagious member or other user of the Site may process, digitize, post, upload, store, share, post or submit a hyperlink to, or otherwise display on the Photagious Site any of the following:

A. Content or material that we believe is pornographic, obscene, or of an 'adult' or sexual nature.

B. Content or material involving nudity, including nudity of children of any age.

C. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.

D. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18.

E. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:

(i) Instructions on how to assemble or use bombs, grenades or other weapons; and

(ii) Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual's right to privacy.

F. Copyrighted content or material that is used without the express permission of the owner. Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to the Photagious Community without the owner's permission may constitute copyright infringement and may result in termination of your Photagious membership.

G. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of intellectual property rights as well as privacy and publicity rights and harm to reputation.

Photagious may examine any materials submitted to the Site at any time in its sole discretion. You acknowledge that although Photagious does not and cannot examine all content and material submitted or transmitted to the Site, Photagious has the absolute right (but not the obligation) to delete, move and edit content and material for any reason or no reason, at any time, with or without notice.

You understand that all photographs, text, graphics, messages, content and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such materials originated. This means that you, and not Photagious, are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via the Site. Photagious does not control the materials posted via the Site and does not guarantee the accuracy, integrity or quality of these materials. You understand that by using the Site, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Photagious be liable in any way for any materials on the Site, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the Site.

6. How Do the Copyright Laws Apply to Materials I Submit to Photagious?
As a condition of membership, you represent and guarantee to Photagious that you are the legal owner of the copyright to all materials you submit to Photagious or that you have permission from the copyright owner to submit the materials to Photagious. We claim no intellectual property rights over the material you provide to the Photagious service. Your materials uploaded remain yours. You can delete your account at any time. This will remove any private images you have stored in our system. However, by setting your uploaded images as "public", you agree to allow other Photagious users to view and share your images and you therefore agree to allow us to display and store them.

7. What Do I Do If I Think There May Be a Copyright Infringement?
If you believe that your material or the material of another has been wrongfully copied or stolen, please provide the Photagious Copyright Agent with the following:

A. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

B. a description of the copyrighted work or other intellectual property that you claim has been infringed;

C. a description of where the material that you claim is infringing is located on the site;

D. your address, telephone number, and email address;

E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The Photagious Copyright Agent may be reached by email at copyright@Photagious.com.

8. How Are Copyright Infringement Claims Handled?
Upon proper notice of a potential copyright infringement, Photagious will remove or disable access to the material in question and take reasonable steps to promptly notify the member responsible for the material of the removal or disabling. If Photagious has removed or disabled access to materials you posted on the Photagious Site because of a complaint that the posting infringed someone else's copyright, and you disagree and want to have the materials returned to your FotoBox, please provide the Photagious Copyright Agent with the following:

A. your physical or electronic signature;

B. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

C. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

D. your name, address, and telephone number;

E. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Photagious may be found, and that you will accept service of process from the person who provided notification under Section 7 above or an agent of such person.

If any copyright, trademark, patent, publicity rights, or other infringement comes to the attention of Photagious, Photagious reserves the right to delete all infringing files and terminate the user's membership without receiving a complaint from the person whose rights have been infringed.

9. What Happens if My Postings Are Repeatedly Challenged as Copyright Infringements?
If your postings are repeatedly challenged as copyright infringements, Photagious reserves the right to terminate your membership.

10. Is Information I Submit to Photagious Kept Private?
Photagious does not sell or rent your personal information to third parties. Photagious may use aggregated member information that does not identify any individual member. Photagious makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between Photagious members and others of information such as passwords or electronic mail may not be secure. Photagious encourages members to change their passwords frequently. Postings and other communications on the Photagious Site are not private. For additional information, please read our "Privacy Statement" which can be accessed from the "Privacy" link at the bottom of all Photagious pages.

11. Will I Receive Email From Photagious as a Result of My Membership?
Photagious does not send unsolicited email. With the exception of confirmation emails, (which are triggered by an action on your part and contain necessary information), only those users who have opted in to receive newsletters or announcements will receive email from us. All Photagious electronic newsletters and announcements will contain information on how to unsubscribe from that email list. In the event that you receive an email that you think is unsolicited, please follow the instructions contained in the email for letting us know and Photagious will make every effort to have your email address removed from future mailings. You may also manage your email preferences from your Photagious account.

12. You Agree To Indemnify Photagious.
YOU AGREE TO INDEMNIFY AND HOLD Photagious, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE, YOUR USE OF THE Photagious SITE AND SERVICES, AND YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING IN EACH CASE THE CONDUCT OF ANOTHER ACCESSING THE Photagious SITE OR SERVICES THROUGH YOUR MEMBERSHIP.

13. Photagious Makes No Warranties.
This site is provided on an "as is" and "as available" basis. Photagious EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. Limited Liability of Photagious.
Photagious AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE , INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws of the State of Kentucky , without regard to its conflict of laws provisions. By using the Photagious Site, you agree to personal jurisdiction of the state and federal courts of the State of Kentucky . Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or the use of this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Photagious May Modify The Site and These Terms of Use At Any Time.
You agree that Photagious reserves the right to modify or amend the Site and these Terms of Use at any time, for any reason, without notice, including the right to terminate Photagious services or any part of the services.

18. This is The Entire Agreement Between You and Photagious.
These Terms of Use are the entire agreement between you and Photagious and govern your use of the Photagious Site and services. This agreement supersedes any prior agreements between you and Photagious. The failure of Photagious to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.

17. Links
The Site may provide, or third parties may provide, links to other websites or resources. Because Photagious has no control over such sites and resources, you acknowledge and agree that Photagious 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 Photagious 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.

18. Photagious Copyright and Trademarks
All website design, text, photographs, animations, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Photagious or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Any use of materials on this site other than as described in these Terms of Use is strictly prohibited, including but not limited to the distribution or modification of the materials, the use of the materials on another website, the creation of derivative works, and the use of the materials for any public or commercial purpose.

"Photagious" and all related logos, page headers, custom graphics and icons are service marks and/or trademarks of Photagious, Inc. or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence on this site does not represent an endorsement of the site.