Fotofeedback License and Terms and Conditions of Use

Fotofeedback (fotofeedback.com) is an Internet service (the Service) owned and operated by Synesi, LLC (hereafter “we”, “our” or “us”). “You” or “your” means an adult user of the Service for itself and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. In the case of access to this Service by a child, ask your parent or guardian for permission to log in and become a member of this site. Your use of the Service indicates that you are bound by this agreement with us. If you don’t agree with any of these terms and conditions, don’t use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don’t want to be bound by a change, discontinue use of the Service.

Fotofeedback contains photographs, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to members of this site, (the Content). In the freely accessible areas of the Service, all Content is owned and/or copyrighted by Synesi, LLC or third party providers and may be used only in accordance with this limited use license. Material posted to public (or private) pages controlled by persons who created those public pages is owned by the person who created the material posted and is hosted by Fotofeedback under the license contained in this Agreement. Synesi, LLC is protected by copyright, individual elements in the case of content provided by Fotofeedback, and as a collective work and/or compilation as to the Service as a whole, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

Limited Use License

You are licensed to use the Service and its Content only for personal use The imagery or any other content on the site is not intended for or licensed for any commercial use. Commercial use is specifically prohibited and attempts at commercial use will be prosecuted. We reserve the right to cancel any or all of the Service at any time. The download of the whole or significant portions of any functionality of the Service, or any part of the public areas of the Service is prohibited. On line or other republication of Content in the public areas is prohibited. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may use the software provided on the Service only while on line and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

User Provided Content

Portions of the Service will contain user provided content, to which you may contribute appropriate content. For this content, Synesi, LLC is a host only. By submitting content to Fotofeedback, you grant Synesi, LLC, the corporate host of the Service, a limited license to use, host and allow hosting and distribution on co-branded Services of the content. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. Synesi, LLC is sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to a site of which you are a member, belongs to the creator or submitter and you should not reproduce it without permission of the owner. We will not edit or monitor user provided content, but reserve the right to remove any user provided content which comes to our attention and which we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities.

You represent that the images you upload to Fotofeedback are not subject to any claims of rights by other parties and that you have any and all releases and consents necessary to permit the exhibition and use of the photograph. If a person appearing in any photograph is under the age of majority in their the territory where they reside, the signature of a parent or legal guardian is required on said release. You are the final party responsible for any problems, complaints, or legal responsibilities these third parties may present to us.

Liability Disclaimer

The information, products, and services included on this Web Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Synesi, LLC and its third party suppliers provide all Content in this Service “AS IS”, and without any warranty of any kind.

Synesi, LLC and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In the case of goods or services purchased via the Service, any warranty is supplied by the manufacturer and Synesi, LLC provides no such warranty. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

Synesi, LLC may, from time to time, provide opportunities to users of the Web Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions which are different from those found here. Fotofeedback makes no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Synesi, LLC.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

Registration and Security

As part of the registration process, you will select a password and Member name (“Username”). You must provide Synesi, LLC with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the Rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

You shall notify us by regular mail, or by e-mail (info@fotofeedback.com), of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. (b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Fotofeedback, its owners or agents.

You must be 18 years or older, or, if acting for a minor, grant permission as parent or guardian for that minor, to become a member. Logging in as a member of a Synesi site is confirmation that the person logging in is an adult or has received permission from a parent or guardian to become a member of a site and/or to use the Service.

You are responsible for all usage or activity on Fotofeedback via your password. Distribution of your password for access to Fotofeedback others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, without refund, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Fees and Payments

No cost Membership. It does not cost anything to sign up and become a member of Fotofeedback. But in order to obtain a review from the professional photographers, you must purchase one of the Service levels.

If you purchase a Service from Fotofeedback, understand that the Service is on a one-time basis. This means that it entitles you to the review of one project, by one reviewer. Additional reviews, by the same or different reviewers, for the same, or different images, will be billed separately. You will be asked to enter your credit card before each transaction. You will not be charged automatically. We do not store your credit card information.

Service costs may be changed by Synesi at any time. All transaction for the Service will use the new/current price. No modifications in price (higher or lower) will be retroactive.

Modifications to This Agreement and the Service

Synesi, LLC has the right, at its sole discretion, to modify this Agreement or the Service at any time. Changes in service will be posted on Fotofeedback, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you should discontinue use of the Service. Continued use of the Service now or following changes in this Agreement means that you have accepted and are bound by the changes.

Miscellaneous

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Pittsburgh, Pennsylvania.

Official correspondence must be sent via postal mail to: Synesi, LLC, 401 Hastings Street, Second Floor, Pittsburgh, PA, 15206.