To make sure we’re all on the same page, we require that you read, understand and agree to these terms of service. You may only create an account after reading and accepting these terms. After doing so, you may create an account and join the fun.
We get that the Internet often features Terms of Services that are long, and sometimes scary-sounding. Because of the nature of our site – sharing photography, running contests, collecting feedback – there is a lot of legal ground to cover. We will try to provide you with some easy-to-read explanations of the terms, but these explanations are not themselves legally binding. If you have any questions, please email us at firstname.lastname@example.org
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by 52Frames, acceptance is expressly limited to these terms.
By visiting 52Frames, you accept the terms laid out below.
Description Of Service
The Site is an online platform intending to help users improve their photography skills by sharing photographs and images in weekly photographic challenges, engage with a community of other users, access educational content, share comments and critiques, and discover other resources on the Site itself or linked to on other websites (“Services”). Services include – but are not limited to – any service and/or content that 52Frames provides to you or performs for you, as well as the display of any materials transmitted or performed on the site or through the Services. Content (“Content”) includes – but is not limited to – any text, blog post, article, video, user comment, message, data, image, graphic, announcement, audio and software.
We are constantly working hard on improving 52Frames, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
As is custom for internet websites, we reserve the right to disable any user account, or remove content generated by any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. Do not rely on the Site for storage of your photographs, images, comments, or works; you are advised to maintain your own copies of all Content shared with the site.
We manage a photography community with the goal of helping you improve your own photography, and we will develop more features and services in the future. It’s possible that the site has issues from time to time. Unlikely, but sometimes things can go really wrong – so please keep your own backup of your work.
To access certain features of the Website, you have to register by entering your email and choosing a password and username as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using 52Frames in person. You are solely responsible for any activity resulting from the use of your account. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password and that you log out from your account at the end of every session.
When choosing a username, you acknowledge that it is lawfully available for your use, and is not subject to the rights of another person or entity whose proper authorization you do not have; and that the username is not vulgar, obscene, or offensive.
Our site services are available to human beings who are at least 18 years old, or who are at least 13 years old, and who have authorization by a parent or legal guardian. The parent or legal guardian authorizing a minor to access the Site is responsible for the conduct of the minor. Parents and legal guardians are advised that nudity may be displayed on the Site (a filter is provided to allow the user to hide such nudity, but we do not guarantee that all such content will be hidden universally across the Site), as well as references to violence, drug use, or other themes that may be offensive to some.
Accounts can be created by individuals only, not by galleries, agents, or other intermediaries who represent artists or sell their works. You may not create an account if you do not qualify for registration.
To make the most of our website, you’ll need to register an account. But make sure you aren’t violating others’ rights when doing so.
The Site will do its best to assess any possible risks for users from third parties when they use any Services provided on the Site, and will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the Site is under no obligation to oversee, monitor or moderate any Services we provide on the Site, in particular Content generated by its users, and expressly excludes its liability for any loss or damage arising from the use of any Services by a user in contravention of our content standards and community guidelines, whether the service is moderated or not. Users are solely responsible for their accounts and the activity that occurs while signed in to or while using their accounts.
You acknowledge that by accessing the Site, you may be exposed to Content that they find offensive, objectionable, or indecent. Because Content is provided by users, the Site does not guarantee that any such Content is accurate.
In order to use the Services of the site, you agree that you will not use those Services in any way that is unlawful or prohibited by these Terms, or for any purpose not reasonably intended by 52Frames.
You may use the Site only for lawful purposes. You may not use the Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Site, including the content of other Users, in contravention of the provisions of our terms of website use;
- not to access without authority, interfere with, damage or disrupt:
any part of the Site;
- any equipment or network on which the Site is stored;
any software used in the provision of the Site; or
any equipment or network or software owned or used by any third party.
Other inappropriate actions, include, but are not limited to:
- Posting information that is false, misleading, or malicious
- Attempting to abuse, harass, intimidate or impersonate any individual or group
- Posting any information that is abusive, threatening, obscene, defamatory, libelous, pornographic, profane, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Submitting photos that breaches any applicable local, national or international law or regulation;
- Creating multiple accounts on the Site, for the purpose of voting for or against users’ submissions or influencing the opinions of others
Posting copyrighted Content which you do not own
- Taking credit for – either explicitly or implicitly or by omission – works that are not your own
- Generating, creating, or transmitting – or causing to be generated, created or transmitted – any communication designed to obtain personal information or account details of any 52Frames user.
- Interfering or attempting to interfere with the proper functioning of the Service
- Making any automated use of the system, or taking any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
- Bypassing any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
- Publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer.
- Manipulating comments, critiques, votes, likes, shares, directly or indirectly in an effort to sway perception or challenge outcomes, or for any purpose.
- Soliciting or advertising to any user of the Site or visitor to the Site, or using any information gathered from the Site in an effort to contact users without explicit prior consent.
- Selling Content of another person
- Selling or transferring your account to another individual or entity
You agree to notifying us of any suspected abuse of the Site or breach of the Terms (other than copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) by sending us written notice at: help@52Frames.com.
Without limiting any of those representations or warranties, 52Frames has the right (though not the obligation) to, in 52Frames’s sole discretion (i) refuse or remove any content that, in 52Frames’s reasonable opinion, violates any 52Frames policy or is in any way harmful or objectionable, including but not limited to violations of the 52Frames Community Guidelines (found at this link), or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 52Frames’s sole discretion. 52Frames will have no obligation to provide a refund of any amounts previously paid.
52Frames may decide to mediate or monitor disputes between you and other users, but is not obligated to do so. You are responsible for your own interactions with the Site’s other users.
Be reasonable. Be decent. Be honest. Don’t post obscene material, don’t harass people, don’t send spam, don’t try manipulating the voting system. Be responsible. Be kind. You’ll be fine.
Content Submitted Or Made Available For Inclusion On The Service
When submitting photographs to 52Frames, you retain the full rights to those works, such as you had them prior to uploading, and 52Frames does not claim ownership to those works. At the same time, by submitting Content to 52Frames for inclusion on your Website, you grant 52Frames a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing or promoting your account and the Site, and are representing that you own the Content submitted, or that it is duly licensed to you, and that is within the irrevocable rights of 52Frames to publish, distribute or use the content without obtaining any further permission from you or any third party.
If you delete Content, 52Frames will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be immediately deleted, and that Content persist on third parties platforms.
By submitting content to the Site, you acknowledge that:
- 52Frames does not claim ownership over submitted photographs or images to the site, and you retain the original rights owned prior to submission
- Upon posting Content to the Site you hereby grant to 52Frames a non-exclusive, transferable, worldwide, fully paid license (with the right to sublicense) to use, distribute, modify, reproduce, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will terminate automatically upon the removal of the Content from the Site;
- 52Frames maintains the right to use your Content fully or partially for promotional and educational reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities. 52Frames pledges to attribute your work in accordance with the credits (e.g. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to 52Frames by you;
- Despite efforts to protect your works, 52Frames makes no claim and guarantee that Content submitted to the Site will not be duplicated unlawfully without your consent.
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
- You are the owner of all rights, including all copyrights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to 52Frames the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by 52Frames of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against 52Frames, all of which such rights are hereby expressly and irrevocably waived by you in favor of 52Frames.
When you submit a photo to our site, the photo retains whatever copyright it had prior to submission. Your work belongs to you.
We have the right to display it (e.g. sharing on our instagram account, or using your photo as an example for a future challenge) but we will never sell it without your explicit permission, and we will ALWAYS give credit to the photographer.
Also, you acknowledge that all work you upload to the site belongs to you and does not violate any law.
Sale of Work
52Frames may offer you the option for you to list your work for sale. 52Frames will make a reasonable effort to connect you to interested buyers in your work, but bears no further responsibility on the payment, legality, execution, transfer, reliability of the sale itself, nor any other aspect of the transaction regardless of its completion. 52Frames has the right to download or print your work in assisting the User with such a sale. This Service is offered As Is, and may be removed at any time, or made available only for a fee.
You have the option to list your work for sale. If someone is interested in purchasing it, we will try to help you complete the sale, to the best of our ability. This is just something we’re testing out now for the benefit of the community, so we can’t make any guarantees about how it will work. Even if we help you make a sale, we still don’t own any rights to the work itself.
User Feedback and Improper Transmissions
Except for Posted Information or personal information, if you transmit to or otherwise provide to 52Frames any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. 52Frames shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to 52Frames, you are deemed to grant to 52Frames a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
You are prohibited from transmitting to the Service any unsolicited chain letters or “spam”, or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, 52Frames will have no liability related to the content of any such communications.
You can leave comments on photos and blog posts. If you post a great tip, we might share it with the world. If you give us some ideas for the site, we may use them. You agree not to leave indecent, spammy or otherwise illegal comments, because you’re too nice for that.
Copyright Infringement and DMCA Policy.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at email@example.com:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
52Frames will terminate a user’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 52Frames or others, and reserves the right to terminate the account after even a single offense at its sole discretion. In the case of such termination, 52Frames will have no obligation to provide a refund of any amounts previously paid to 52Frames.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 52Frames links, and that link to 52Frames. 52Frames does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, 52Frames does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 52Frames disclaims any responsibility for any harm resulting from your use of external websites and webpages.
Some people may post links, we are not responsible for those links. The Internet is a big place.
You agree to indemnify and hold harmless 52Frames, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising directly or indirectly out of your use of the Website, or the use of any third party through your account, including but not limited to your violation of this Agreement.
You hereby agree to indemnify and hold harmless 52Frames, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or 52Frames Username and password, (iv) the sale or use of your images, or (v) any violation of any rights of a third party.
We’re not responsible for your violations of these terms or improper use of the site.
Limitation Of Liability
In no event will 52Frames, its directors, employees, officers, agents or operators – paid or unpaid, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) any costs or fees related to third party services managed on behalf of users, violation of the terms of third party services, or failures of third party services; or (v) for any amounts that exceed the fees paid by you to 52Frames under this agreement during the twelve (12) month period prior to the cause of action. 52Frames shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
If a monster eats our servers, or something else goes wrong, we are not liable. Always have your own backups of your work.
This Agreement does not transfer from 52Frames to you any 52Frames or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 52Frames. 52Frames, the 52Frames logo, and all other trademarks, service marks, graphics and logos used in connection with 52Frames, or the Website are trademarks or registered trademarks of 52Frames or 52Frames’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 52Frames or third-party trademarks.We reserve all rights that are not expressly granted to you under this Agreement.
Please respect our trademarks and brands.
52Frames may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 52Frames account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may stop providing services at any time. You can stop using your account or close it at any time as well.
52Frames reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 52Frames may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
These terms of service may change. If they do, we will notify you.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.