Description of Service
Acceptance of Terms
Rules of Individual Camera Clubs
Each individual camera club utilizing MyCameraClub.com will likely have their own rules and regulations pertaining to how their clubs are to be governed and conducted. Administrators of these clubs may add additional rules and restrictions as long as they do not counter those rules and restrictions posted here. Club administrators take full responsibility for their additional rules, and they alone are responsible for enforcing their rules. MyCameraClub.com, its representatives and staff and employees will not enforce individual club rules, but leave that solely up to the clubs themselves. MyCameraClub.com, its representatives and staff and employees will not be held responsible for any loss, injury, claim, liability, or damage of any kind resulting from any club's rules, regulations or practices.
Modification of Terms
MyCameraClub.com reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, MyCameraClub.com will notify you by posting an announcement on the Site. What constitutes a material change will be determined at MyCameraClub.com's sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Photographs constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. MyCameraClub.com reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Photographs at any time at its sole discretion and without prior notice. MyCameraClub.com may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Photographs and you are directed to retain your own copies of all Photographs posted on the Site.
You may not use as a name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your MyCameraClub.com account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the policies of some individual camera clubs utilizing MyCameraClub.com may display Photographs containing nudity and violence that may be offensive to some.
The Services are for use by a) individuals who own Photographs and participate in one or more of the individual camera clubs utilizing MyCameraClub.com; and b) Administrators, directors, and/or moderators of individual camera clubs utilizing MyCameraClub.com.
All Photographs posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Photographs and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate. You acknowledge and agree that you, and not MyCameraClub.com, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through MyCameraClub.com's messenger service. MyCameraClub.com does not control user submitted Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable.
1) To abuse, harass, threaten, impersonate, or intimidate any person;
2) To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3) To communicate with MyCameraClub.com representatives or other users in an abusive or offensive manner;
4) For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
5) To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any MyCameraClub.com user;
6) To create or transmit unwanted ‘spam' to any person or any URL;
7) To post copyrighted Content that does not belong to you, unless you are providing a critiqued image with suggested modifications directed to the copyright owner;
8) You agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9) To artificially inﬂate or alter contest scores, like counts, comments, or any other Service or, for participating in any other organized effort that in any way artificially alters the results of Services;
10) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11) To sell, assign, or otherwise transfer your Profile or account.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to MyCameraClub.com at MyCameraClub.com/contact.php
You are solely responsible for your interactions with other users of the Site. MyCameraClub.com reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through MyCameraClub.com's messenger service, based on any reports that MyCameraClub.com receives alleging the violation of these Terms through the use of MyCameraClub.com's messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms in any way, MyCameraClub.com may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
File Storage Policy
MyCameraClub.com is not a file storage service, and therefore does not maintain large storage capabilities. Photographs uploaded to MyCameraClub.com services are stored for a limited amount of time. After an acceptable period of time (as designated by us) has passed, we reserve the right to remove said photographs from our servers, and/or to remove higher resolution versions of the photographs and replace them with lower resolution versions. No prior notice of this action need be provided to users, and users should not rely on MyCameraClub.com to maintain storage of photographs for any period of time.
For large file storage needs, users should utilize a separate service outside of MyCameraClub.com that specializes in that service.
You maintain all rights to all photographs you upload to MyCameraClub.com, as long as you were the rightful owner to begin with.
You grant MyCameraClub.com the right to store and display your photographs in any of the individual club's galleries and/or contests to which you submitted the photographs. These rights are automatically revoked by you when you delete said photographs from the system.
MyCameraClub.com, or any of its representatives, shall not be held liable for any copyright infringement or intellectual property infringements perpetrated by any other user of MyCameraClub.com, which includes, but is not limited to, administrators and/or moderators of individual camera clubs utilizing the MyCameraClub.com service.
MyCameraClub.com reserves the right to remove any Content that allegedly infringes another person's copyright. In appropriate circumstances, MyCameraClub.com will terminate the accounts of users who infringe copyright. Notices to MyCameraClub.com regarding any alleged copyright infringement should be directed to MyCameraClub.com at MyCameraClub.com/contact.php
The Services may provide, or third parties may provide, links to other sites or resources. Because MyCameraClub.com has no control over such sites and resources, you acknowledge and agree that MyCameraClub.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyCameraClub.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge MyCameraClub.com, its representatives and staff and employees of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless MyCameraClub.com, its representatives and staff and employees 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 MyCameraClub.com Username and password, (iv) the licensing, distribution, or use of your Photographs, or (v) any violation of any rights of a third party. MyCameraClub.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
MyCameraClub, MyCameraClub.com, and other MyCameraClub.com graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, or trade dress of MyCameraClub.com. MyCameraClub.com's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MyCameraClub.com.
MyCameraClub.com may terminate or suspend any and all Services and/or your MyCameraClub.com account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your MyCameraClub.com account, you must do so using the provided button on your profile page, which will result in the removal of your Photographs from the Site pursuant to these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
Upon termination (by MyCameraClub.com or you), MyCameraClub.com will remove your Photographs.
It is your responsibility to retain copies of your Photographs because MyCameraClub.com will automatically remove and delete all Photographs from your account prior to termination.
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MYCAMERACLUB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYCAMERACLUB.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER MYCAMERACLUB.COM NOR ANY OF ITS REPRESENTATIVES, STAFF OR EMPLOYEES SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. MYCAMERACLUB.COM OR ANY OF ITS REPRESENTATIVES, STAFF OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.