Terms and Conditions of Service

Last updated on October 25, 2021.

Please read these Terms of Use ("Terms", "Terms of Use") carefully before accessing and using the website and service of https://www.fotoboss.com (the “Website”) owned and operated by SIRIOH Co., LTD (“Fotoboss”, “us”, "we", or "our"). These Terms of Use are a legal agreement between you and the owners and operators of the Website and all related websites, software, mobile apps, plug-ins and other services that we provide (hereinafter referred to collectively as the “Service”). These Terms of Use limit our liability and may substantively affect your rights.

These Terms require that if we get into a dispute with you relating to the Service (or vice versa), the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class-action lawsuit.

1. Acceptance and Changes of the Term of Use

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, photographers, and others who access or use the Service.

By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use and our Privacy Policy, you must not access or use the Service.

We reserve the right to revise and update these Terms of Use at any time at our sole discretion. All changes are effective immediately when we post them at the top of this page with the date these Terms were last updated and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.

The use of the Service is subject to the Terms in force at the time of use.

2. Accounts and Registration

You may use the Service only if you agree on a binding contract with the Company, and only in compliance with these Terms and all applicable laws, rules, and regulations.

You may create a user account in order to access and use additional functions of the Service. The registration of a user account can only take place with the agreement to these Terms.

If you create a user account for the Service, you agree to provide and maintain accurate, complete and up-to-date information and data as prompted by the sign-up form. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You may not be able to create an account with a username previously removed from the Service by us due to a breach of the Terms.

You agree to represent and warrant not to use as a username the name that is not lawfully available for use, a name or trademark that is subject to any rights of any third parties or another person without authorization, or a name that is otherwise offensive, vulgar or obscene.

If you use or access the Service, you are responsible for;

  • maintaining the confidentiality of log-in information;
  • restricting access to your computer;
  • notifying us immediately of any unauthorized use of any password or the account; and
  • not allowing any other individual to use or access their account.

Each account will be associated with one email address and one Company and used by one individual. You agree to accept responsibility for all activities that occur under your account or password.

Registration data and certain other information about you are governed by our Privacy Policy.

The Service is designed for use by people who are at least 14 years old. If you are not yet 14, then you can’t use the Service. If you are 14 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service will not break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kinds of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.

If you are under 14 years old, you may use or access the Service only with the approval of your parent or guardian by providing his or her email address. You agree that we reserve the right to verify the consent of your parent or guardian.

3. Prohibited Uses of the Website and Service

Your use of and access to the Website and Service is subject to your compliance with all local laws and regulations that may apply to your use of the Website and Services.

You specifically agree in respect of your use of the Website NOT to directly or indirectly;

  • use the Website or Services for purposes other than the appropriate Purpose or use the Website or Services for any purpose in contravention of any applicable federal, state, local or international law or regulation;
  • use the Website or Services for purpose of harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • use the Website for unauthorized linking, via automated devices or other means, so as to access Content;
  • use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • attempt to reverse engineer any of the software used to provide the Website or the Services;
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Website;
  • upload or spread viruses, malware, Trojan horses, disruptive code, corrupt files, denial-of-service attacks, or any other harmful or disruptive material;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • attempt to interfere with the proper working of the Website;
  • attempt in any way to solicit any user of the Website to join third party services or websites that are in competition with the Website or offer similar Services;
  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • send, knowingly receive, upload, download, use or re-use any material which does not comply with the License standards;
  • copy, adapt, modify, or prepare derivative works based upon another user's Content, except as expressly permitted in these Terms or in any additional terms;
  • falsely sell, represent, or distribute any content that was not created by you without significantly modifying or editing the content, by way of reasonable implication, that can be considered as new creative works;
  • attempt to alter or vary any system, content or data held within the Website;
  • extract or scrap any data or content by using data mining, robots, or any other similar method;
  • use the Website or the Services to advertise or solicit others to purchase any product or service that is not related to the Services, including, without limitation, distributing email messages or advertising and promotional materials;
  • copy the look and feel of the Website;
  • assign or transfer, or attempt to assign or transfer any rights to use the Service to another part;
  • attempt in any way to solicit any user of the Website to join third party services or websites that are in competition with the Website or offer similar Services; or
  • violate third party rights, including but not limited to the infringement of intellectual property rights.

4. User Content

The "Content" shall refer collectively to all Images, Videos, as well as text, tags, web links, and others uploaded to the Website and made available under our License. "Image/s" includes photographs, vectors, drawings, and illustrations. "Video" refers to any moving images, animations, films, or other audio/visual representations. The Service allows you to upload and post your Content.

By posting and uploading your Content to the Website, you grant us a worldwide, irrevocable, permanent, royalty-free, non-exclusive license to use, download, copy, modify, or adapt the Content for any purpose, both non-commercial and commercial with the right to sublicense to, directly or indirectly, host, store, reproduce, adapt, modify, distribute, transfer, translate, broadcast, archive, publicly display, and otherwise use such Content in any media formats and any media channels on and through the service and the world, and to additionally use the Content and associated materials in its promotional and marketing activities.

You acknowledge and confirm that your Content will be made available to the public and through the Service for any use of third parties subject to these Terms without providing you attribution or compensation or paying you for any use of your Content.

You may NOT upload, submit, transmit, post or publish any Content that;

  • infringes upon another party’s intellectual property rights including patent, copyright, trademark, trade secret or moral rights;
  • breaches any contractual obligations in respect of rights in the Content;
  • contains the message, data, text, information, or other material that is unlawful, libelous, defamatory, obscene, pornographic, racist, indecent, lewd, harassing, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
  • violates any law, statute, or regulation;
  • offend, defame or damage any third party; and
  • contains information that is deliberately misleading in respect of the Content authorship or ownership.

You agree that you are solely responsible for the Content you upload, submit, transmit, post, or publish. Each time you upload, submit, transmit, post, or publish your Content, you represent and warrant that;

  • you have a valid and legal right to submit and upload the Content and hold all the non-exclusive, perpetual, irrevocable, worldwide, and royalty-free rights (including but not limited to intellectual property rights, licenses, releases and consents) necessary for publication, licensing, distribution, re-selling or sub-licensing of the Content;
  • you have the right to use and grant us the licenses and rights to use the Content as provided in these Terms;
  • the Content does not infringe any party's rights (including in particular intellectual property or contractual rights);
  • we will not need to obtain licenses from any third party or pay compensation or royalties to any third party with respect to the Content; and
  • your Content complies with these Terms and all applicable laws.

You authorize us to use the logo, trade name, trademark, username and name of you, the Production Company, or Creator of the Content on the Website and in the marketing and promotional activities of our business and Website. Such promotional and marketing activities include Display of your Content and associated Materials and Display of Provider’s Name and Logo;

  • on the Website;
  • on-line and digital, social marketing and electronic direct mail;
  • on printed materials; and
  • on backdrops and booth designs at Trade Events.

We reserve the right and have absolute discretion, to remove, screen or edit any Content you upload at any time and for any reason, including that such Content violates these Terms or is otherwise defective, of poor quality or objectionable. We also reserve the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

You acknowledge and agree that even though we do our best to prevent it from happening, we cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any Content you upload.

You acknowledge and agree that we are under no obligation to you or the other users to monitor, edit or control any Content you or the other users upload to the Service. We are not responsible for any Content on the Service and you agree not to make any claims against us on account of any Content on the Service.

We may investigate any violation of these Terms or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or temporary or permanent removal of published Content, without any prior notice to Users.

5. Intellectual Property: Ownership of the Website and Service

You may access and use the Website and Service under these Terms.

The Website and the Service are protected by copyright, trademark and/or other protective rights and are subject to copyright law and other protective laws. We own and hold all rights to the Website and the Service, including but not limited to all of the software, visual interface, graphics, designs, and all other elements (other than user’s Content) of the Website and Service. With the exception of the use of the Website and Service in accordance with these Terms, use of our Rights is only permitted with our prior written consent.

6. License to Content

You agree to use the Content from the Service in accordance with our License on the following terms. Under our license, we grant you an irrevocable, non-exclusive, perpetual, worldwide license to download, copy, modify, perform and otherwise use the Content except for sponsored content for free for personal and commercial use, without permission from the Content owner or us or attributing the Content owner or us.

This license does not include the right to;

  • use Trademarks, logos, or brands in the Content;
  • use copyrightable artworks or authorship depicted in the Content; or
  • use an identifiable person in the Content without the permission or consent of a third party.

If you download photos with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the Photo. We recommend you consult a lawyer who can give you proper advice about such issues if you are still not sure.

Please be aware that the Content is free to use for commercial or non-commercial purposes, but items depicted in the content such as identifiable people, brands, trademarks, logos, authorships, copyrightable works of arts may be subject to additional copyrights, property rights, portrait rights, privacy rights, or etc., and may require the consent or permission of a third party or the license of these rights. We do not represent or warrant that such consents or licenses have been obtained and expressly disclaims any liability in this respect.

This license does not allow to;

  • sell or sub-license copies of the Content as digital stock photos, digital wallpapers;
  • sell or sub-license copies of the Content as digital prints, physical posters, postcards, other physical prints or printed on physical products without modifying, editing or otherwise incorporating new creative elements into the Content;
  • depict identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous context; or
  • suggest that there is an endorsement of products and services by depicted persons, brands, entities, and organizations without the permission of a third party.

7. Creative Commons Zero (“CC0 Content”)

Some of the Contents on the Website are released under CC0 (Creative Commons Zero) License (“CC0 Content”). The CC0 Content is marked with the “CC0 License” next to the Content. This means that the person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law. They are free to be used for any legal purpose without any attribution of the author, content owner or Website subject to the CC0 License Terms.

You may acknowledge and agree that the trademark rights or the rights that other parties or persons may have in the CC0 Content such as publicity or privacy rights are not affected by CC0. You agree that any CC0 content shall be used subject to CC0 License Terms.

8. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OUR SERVICES AND THE WEBSITE ARE PROVIDED BY US ON AN AS-IS BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SERVICES, THE WEBSITE OR ANY SERVICES PROVIDED THEREIN WILL MEET YOUR REQUIREMENTS, ALWAYS BE AVAILABLE, WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR SIMILAR CONTAMINATION, OR OPERATE WITHOUT ERROR; THAT INFORMATION OR MATERIALS INCLUDED ON THE WEBSITE WILL BE ACCURATE.

9. Notice and Takedown Policy

We respect the right of creators. Accordingly, it is our policy to respond to alleged infringement notices promptly. If you believe that your copyright, trademark, or other rights have been infringed by Content that is accessible via the Service, we ask that you write to us and provide the following information;

  • Identification of the copyright work, trademark or other rights you claim has been infringed;
  • Identification of the material that is claimed to be infringing, including a URL link to where it appears on the Service;
  • Your contact details, such as your 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/trademark/other right owner, its agent, or law; and
  • A declaration that the above information is accurate and that you are the rights owner (or authorized to act on their behalf).

Please submit the information by email to support@fortoboss.io

The preceding does not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under applicable laws.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.

You agree that we execute an immediate cash-out if your account has any amount left for it when we terminate or suspend your account.

11. Indemnification for breach of Terms

You agree to indemnify and hold harmless us from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, arising out of or in any way connected with;

  • your access to or use of the Service;
  • your violation of these Terms or any law or regulation;
  • your violation of anyone’s rights, including intellectual property rights; or
  • any disputes between you and a third party.

You also agree to indemnify and hold harmless us from and against any and all claims brought by third parties arising out of your use of the Website or Service.

12. Contact Information

You can reach us by emailing us at support@fotoboss.io.