YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED ON THIS PAGE.
By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by these terms. If you do not accept any of the terms stated here, you must not use the Site. The right to access and use the Site is not transferable to any person or entity. Soho Photo may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review the User Agreement. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. If you continue to use the Soho Photo Site after we post a change, it means you have agreed to the modified terms.
Online Privacy Statement
Soho Photo reserves the right at any time to change or discontinue, temporarily or permanently, the Site and any and all features and sections contained on it, with notice to registered users provided by posting to the Site, and immediately and without prior notice in the event of technical difficulties. Soho Photo shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
Copyright And Trademark – Use Of Content
Access to and use of text, artwork, photographs and other files on the Site are expressly subject to the following terms and conditions:
Site and Materials Protected by Copyright, Trademark and Other Laws
The Site, and all materials contained within the Site, including images, text, software, documentation, audio and video clips, are protected by copyright, trademark and other laws and may be covered by other restrictions as well. In addition, Soho Photo owns all rights in the Site and the materials contained within the Site. Soho Photo expressly prohibits the copying and distribution of any protected materials on the Site, except for the purposes of fair use as defined in the copyright laws. Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting, so long as you do not use more than you need for the permitted purpose and you do not interfere with an established market for licensing the material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for such uses are welcome to do so without the express permission of Soho Photo. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL https://www.sohophoto.com.
Without limiting the foregoing, Soho Photo owns the trademarks, service marks, and logos, whether registered or unregistered, (collectively, the Trademarks) displayed on this Site. Among other things, Krappy Kamera® is a registered trademark of Soho Photo Foundation, Inc. The Site, as well as SohoPhoto©, Soho Photo Gallery© and SohoPhotoGallery© are subject to Soho Photo’s copyright and trademark in same. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of Soho Photo or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in this User Agreement, is strictly prohibited. You agree not to use Soho Photo’s name or any of the Trademarks in any manner, including any advertising or promotional materials, that is likely to cause confusion about whether we are the source, sponsor, endorser or affiliated with any product or service. You also agree not to use Soho Photo’s name or any Trademarks to falsely suggest any relationship between you and us. In addition, you may not use our trademarks in any manner that disparages or discredits us or infringes or violates any of our rights. All rights are reserved.
Soho Photo reserves the right to publish winning images on our website and social media. Copyright will always remain with the respective photographers.
Commercial Use is Prohibited
Unauthorized commercial exploitation of protected materials is specifically prohibited. Anyone wishing to use any of files or images contained in the Site for commercial use or any purpose other than fair use as defined by the copyright laws, must request and receive prior written permission from Soho Photo and, if necessary, from the photographers or other third parties that hold the copyright or other rights to such materials. All requests for permission to reproduce protected materials for commercial use should be addressed directly to firstname.lastname@example.org.
Links, Frames And Metatags
You may link to the home page of the Site if the link does not cast us in a disparaging, false or misleading light. Soho Photo requests advance notice of such linking, which can be provided by contacting Soho Photo via email@example.com. You may not frame any content contained on the Site nor may you use Soho Photo’s name or Trademarks in metatags, targeted advertising keywords (such as Google’s AdWords) or any other form of “hidden text” without our express prior written consent.
Links To Other Web Sites Of Member Photographers
The Soho Photo Site contains links to the websites of many of our member photographers. We may also elect to provide links to other websites. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. Soho Photo has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE, INCLUDING THE UNDERLYING SOFTWARE, AND ALL CONTENT CONTAINED ON THE SITE IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, CONTENT PROVIDERS) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.
NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Soho Photo, its officers, members, employees (paid or unpaid), volunteers and agents, against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this User Agreement or your use of the Site or any protected materials.
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement will survive any such termination.
Governing Law and Jury Trial Waiver
This User Agreement is governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State and County of New York and waive any jurisdictional and venue or inconvenient forum objections to such courts. IN ADDITION, YOU AGREE TO THE WAIVE ANY RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If any provision of this User Agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for solely reference purposes and do not define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter of this User Agreement.
Any questions regarding the foregoing Terms and Conditions of Use may be directed to firstname.lastname@example.org.