#fotocollective Terms – FOTO
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Content Release Terms

The following terms and conditions (“Terms”) govern the materials, text, photos, videos and other content (“User Contributions”) you post, submit or otherwise make available to foto, the website and mobile service of foto Brands LLC (“foto”, “we”, or “us”), a Dallas limited liability company, through your access to and use of www.fotostrap.com (the “Website”), including any content, mobile services, functionality, software, and/or products offered on or through the Website (collectively, the “Product”). The foto Terms of Service (“Terms of Service”) are incorporated herein and made a part of these Terms for all purposes. Through your acceptance of these Terms, you signify that you have read, understood, and agree to be bound by all such terms and to the collection and use of your User Contributions as set forth herein and the foto Privacy Policy (“Privacy Policy”).

You retain ownership of any intellectual property rights that you hold in your User Contributions. By providing any User Contribution to us, you grant us and our licensees, successors, and assigns the non-exclusive, worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty free right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, in any media in connection with the Service and our marketing and promotional materials, and social media channels. We may display advertisements in connection with your User Contributions or on the Website where your User Contributions may be viewed by you or others, and we may use your User Contributions to advertise and promote foto or the Product.

You represent and warrant that:

  • All User Contributions are original and were created by you;
  • You have the right and authority to accept these Terms;
  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns;
  • You have received the written permission of all identifiable persons in your User Contributions;
  • Your User Contributions and the exercise of our rights under these Terms, will not violate, infringe or interfere with any copyright, trademark, trade secret, privacy, publicity or other intellectual property or proprietary right, publicity or privacy rights, contract rights or other rights of any third parties; and
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions provided by you. You agree that we will have sole discretion in determining the extent and manner of use of your User Contributions, and that we are not obligated to use your User Contributions. You hereby waive any right of inspection or approval of the uses of the User Contributions. If requested by us, You agree to obtain, or assist us in obtaining, an executed release from any of the subjects in any of your User Contributions.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Include any music unless it is your original composition.
  • Include images that feature identifiable people unless you have their permission.
  • Include any visible trademarks that are not foto’s.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.