This is the important legal document that you really do need to take a look at. It's all about how you can and cannot use PhotosByEarl and its services; who owns what and what licenses you are providing PhotosByEarl when your content is posted; and who is accountable, responsible and liable for actions on the site.



Welcome

Welcome to PhotosByEarl!

PhotosByEarl (the "Site") is provided to you for information, education, and communication through our featured content and interactive functionality available via the Internet (the "PhotosByEarl Services").

Please read the Terms of Use carefully. The Terms of Use include our policy for acceptable use of the PhotosByEarl Services and content, as well as your rights, obligations and restrictions regarding your use of the PhotosByEarl Services. We grant you a limited, revocable, non-exclusive license to access the PhotosByEarl Services for your own personal use, subject to the Terms of Use. Use of the PhotosByEarl Services beyond the scope of authorized access granted to you terminates this permission.

By accessing the PhotosByEarl Services, you accept, without limitation or qualification, the following Terms of Use, our Privacy Policy, found here, and our existing PhotosByEarl Rules (the "Rules"), found here, which are incorporated by this reference. You are only authorized to use the PhotosByEarl Services if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use, Privacy Policy and the Rules, then please discontinue your use of the Site and the PhotosByEarl Services.

We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. The Terms of Use constitute the entire agreement regarding your use of the Site or the PhotosByEarl Services and supersede any such prior Terms of Use. We will attempt to notify all members of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made.


Content on the Site

You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PhotosByEarl, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the PhotosByEarl Services. We do not control the Content posted through the PhotosByEarl Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the PhotosByEarl Services are not necessarily those of PhotosByEarl or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the PhotosByEarl Services you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the PhotosByEarl Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the PhotosByEarl Services.


Responsibility for Your Content (Member Content)

You are solely responsible for the Content you submit or make available for inclusion through the PhotosByEarl Services ("Member Content") and the consequences of posting or publishing it. In connection with Member Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize PhotosByEarl to use all trademark, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended by the PhotosByEarl Services and the Terms of Use; you agree that you will not submit Member Content that violates these Terms of Use.

Because PhotosByEarl does not permit infringement of intellectual property rights through the PhotosByEarl Services, we will remove all Member Content if properly notified that such Site Content or Member Content infringes on another's intellectual property rights and at our sole discretion.

PhotosByEarl does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates the Rules, found here, or material contrary to applicable local, national, and international laws and regulations.


Member Content: Ownership & Licenses

We do not claim ownership rights over your Member Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the PhotosByEarl Services, solely for the purpose for which such Member Content was submitted or made available. This limited license exists only for so long as you elect to include Member Content through the PhotosByEarl Services and it will terminate at the time you remove or we remove such Member Content from the PhotosByEarl Services. You grant each user of the PhotosByEarl Services a non-exclusive license to access your Member Content through the PhotosByEarl Services, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the PhotosByEarl Services and under these Terms of Use.

Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the PhotosByEarl Services by PhotosByEarl and/or its members, PhotosByEarl is under no obligation to delete or ask or require other PhotosByEarl members to delete that Member Content, and therefore, it may continue to appear and be used through the PhotosByEarl Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.


Permitted Use of Content

The content associated with the PhotosByEarl Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like ("Site Content") and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to PhotosByEarl, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, PhotosByEarl does not grant you any express or implied rights, and all rights in and to the PhotosByEarl Services and the Site Content are retained by PhotosByEarl.

You may access Member Content for your information and personal, non-commercial use solely as intended through the provided functionality of the PhotosByEarl Services. Member Content and Site Content are provided to you "AS IS" and "AS AVAILABLE" for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the PhotosByEarl Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.


Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any PhotosByEarl member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure, found here.


Member Accounts

In order to participate in the PhotosByEarl Services, you must create an account and become a PhotosByEarl member. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member's right to use the PhotosByEarl Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify PhotosByEarl of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.


Member Conduct

You may not use the PhotosByEarl Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms, including the Rules, found here. Your access to the PhotosByEarl Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, including the Rules, or for any other reason, or no reason. You expressly agree not to:

Act as an agent, affiliate or representative of the PhotosByEarl Services and utilize the PhotosByEarl Services or Member Content or Site Content for any commercial purpose other than for which the PhotosByEarl Services is intended without our express written permission, Access, monitor or copy any content or information of the PhotosByEarl Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission, Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or "Frame," "mirror" or otherwise incorporate any part of the PhotosByEarl Services into any other website without our prior written permission.

You agree not to use the PhotosByEarl Services for any commercial use, without the prior written authorization of PhotosByEarl. Prohibited commercial uses include any of the following actions taken without our express approval:

Sale of access to the PhotosByEarl Services on another website, Use of the PhotosByEarl Services for the primary purpose of gaining advertising or subscription revenue, Sale of advertising on the PhotosByEarl Services or any third-party website, targeted specific Member Content or Site Content, and Use of the PhotosByEarl Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the PhotosByEarl Services, Site Content, or Member Content.

Unauthorized commercial uses do not include uploading Member Content to the PhotosByEarl Services to promote your business or artistic enterprise, or any use that PhotosByEarl expressly authorizes in writing.

In addition, the following behaviors or activities are strictly prohibited when using the PhotosByEarl Services by any member or PhotosByEarl Services user:

Strong, vulgar, obscene or otherwise harmful language, Racially, ethnically or otherwise, objectionable language, Harassing, intimidating, stalking or threatening other PhotosByEarl members, Libelous, defamatory or otherwise tortious language, Online vandalism, Impersonation of another person, Posting, distributing, transmitting or promoting illegal Content, Invasion of another's privacy, Actions that are hurtful to minors, Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party, Posting, providing, transmitting or otherwise making available any junk mail or spam, and Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the PhotosByEarl Services.

We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing PhotosByEarl to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

If you produce content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance here.


Termination of Service

You agree that PhotosByEarl, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the PhotosByEarl Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the PhotosByEarl Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that PhotosByEarl will not be liable to you or any third party for any termination of your access to the PhotosByEarl Services. Further, you agree not to attempt to use the PhotosByEarl Services after your member account has been terminated.

You agree that if you are dissatisfied with the PhotosByEarl Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the PhotosByEarl Services, your sole and exclusive remedy is to discontinue using the PhotosByEarl Services.


Links

The PhotosByEarl Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that PhotosByEarl is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.


Children Online Protection Act Notification

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org's website, http://www.parentalsoftware.org.


Indemnity

You agree to defend, indemnify and hold PhotosByEarl, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and PhotosByEarl moderators harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the PhotosByEarl Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.


Trademark Information

PhotosByEarl is a registered trademark and logo. You agree that all PhotosByEarl's trademarks, including PhotosByEarl trade names, service marks, logos and service names are trademarks and the property of PhotosByEarl. Without our prior permission, you agree not to display or use in any manner any PhotosByEarl mark. All trademarks included in the PhotosByEarl Services not owned by PhotosByEarl are the property of their respective owners. Nothing contained on the PhotosByEarl Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.


Disclaimer of Warranties / Limitation of Liability

You understand and agree that the PhotosByEarl Services are provided "AS-IS" or "AS AVAILABLE," and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the PhotosByEarl Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the PhotosByEarl Services shall create any warranty not expressly stated in these Terms of Use. In no event shall PhotosByEarl or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of the PhotosByEarl Services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.

We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, PhotosByEarl members or users of the PhotosByEarl Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.

Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (A) the amount paid, if any, by you to us in connection with the PhotosByEarl Services in the 12 months prior to the action giving rise to the liability, or (B) US$100.00. You and PhotosByEarl agree that any cause of action arising out of or related to the PhotosByEarl Services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

If you promote a contest, sweepstakes or giveaway on PhotosByEarl without our express, advanced approval, you do so at your risk and you assume all risk and liability; you further agree to hold PhotosByEarl harmless from any claim, demand or damages.


General

If there is any claim or dispute about or involving the PhotosByEarl Services, you agree that the claim or dispute will be governed by the laws of the State of California, United States of America, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state and federal courts located in the County of Los Angeles, California and the Central District Court, California, respectively, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. The PhotosByEarl Services are controlled and offered by PhotosByEarl in the United States and we make no representation that materials associated with the PhotosByEarl Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the PhotosByEarl Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use. In any case, you affirm that you are over the age of 16, as the PhotosByEarl Services are not intended for persons under 16. If you are under 16 years of age, then please do not use the PhotosByEarl Services.

Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

Revised: March 23, 2014