Terms & Conditions

Read Carefully

Welcome to Phoctors. By accessing or using Phoctors, you signify that you have read, understand and agree to be bound by these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS.

The term “Phoctors Services” refers to the subscription services offered by Phoctors Photographers to Members.The term ‘Billing Period’ will from here on refer to time period identified in each Member’s subscription plan as billing period.

Phoctors is a Neutral Venue

Phoctors is a neutral venue where Members can promote and list their products and services to the public. Phoctors does not provide any of the products or services offered by Members. Moreover, Phoctors does not endorse the products or services offered by Members nor do we guarantee the quality of their goods or services. Any transaction you enter into with a Member is solely between you and the Member. Phoctors is not responsible or liable for any dealings or transactions between users of the Website and Members. Phoctors is not a party to any such transaction and we will not be a party to any dispute arising out of or related to such transaction.

Phoctors reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including 6ne release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time.

Violation of any of the terms below will result in the termination of your Account. While Phoctors prohibits such conduct and Content on the Service, you understand and agree that Phoctors can not be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

In order to use the Phoctors Services, you will need to first register an account and subscribe to the Phoctors Services. If you choose to register an account, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place through your account. By registering an account, you also acknowledge and agree to Phoctors ‘s Privacy policy.

1.You must be 18 years or older to become a paid member.

2.Photographer Memberships: You must be a photographer

3.You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

4.You must provide your legal full name (first and last), a valid email address, and any other information requested in order to complete the signup process.

5.You are responsible for maintaining the security of your account and password. Phoctors cannot and will not be liable for any loss ordamage from your failure to comply with this security obligation.

6.You are responsible for all content posted and activity that occurs under your account.

7.One person or legal entity may not maintain more than one account without express consent previously granted by Phoctors.

8.You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)

9.Your profile & in your packages the contact details of Phoctors will be given.

Suspension,  Cancellation and Termination

 1.Requests for complete account deletion along with uploaded media and information must be submitted to contact@phoctors.com

2.If you suspend the Service before the end of your current paid up month, your suspension will take effect at the end of your current billing cycle and you will not be charged again.                                                                                                                                                                                        

3.Phoctors, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Phoctors reserves the right to refuse service to anyone for any reason at any time.

Feature in Phoctors

1.Home Page Feature: Photographers can become featured on home page for a specified period chosen by him and upon making successful payment for that.

2.Search Feature: Photographers can become featured on a specific category in a specific city for a specified period chosen by him and upon making successful payment for that. 

Copyright and Content Ownership

 1.All Content posted on the services must comply with local copyright law.

2.We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Phoctors.

3.Phoctors does not pre-screen Content (Photos & videos), but Phoctors reserves the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

4.The look and feel of the Service is copyrigh ©2020 Phoctors. All rights reserved. You should not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Phoctors.

 

Media Rights

1.As a Phoctors member all images and videos you upload to your profile belong to you (or the respective copyright owners).

2.Phoctors reserves the right to use media you upload, including but not limited to your profile portfolio images and media submissions to the Phoctors Blog(http:/phoctors.com/blog-and-news)  in marketing the  Phoctors website and brand across both offline and online materials and channels including 3rd party blogs, sites, forums, and social networks.

3.Media is always attributed with photographer credits either on photo wherever possible with space and usage format permitting, links, and/or your studio name and link.

4.Phoctors reserves the right to use certain member activities and properties including but not limited to images of your profile, interactions with Phoctors on social media (e.g., Facebook,Twitter, Instagram, Pinterest, Google Plus, Linkedln & YouTube) and email for purposes of marketing other public relations, including but not limited to advertising copy, testimonials, and creative images.

5.You may opt out of the above if you notify us explicitly that you do not wish your media or membership activities to be used in any or all of the ways described in this Media Rights section.

6. These rights apply to both photographer and users accounts where applicable.

 

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. Technical support is provided and available via email and phone.

3. You understand that Phoctors uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Phoctors.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Phoctors.

6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. If we find any such content the referred account may even get terminated immediately and it solely depends on Phoctors discretions.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution or abuse even in our social media pages) of any Phoctors customer, employee, member, or officer will result in immediate account termination.

8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. You must not transmit any worms or viruses or any code of a destructive nature.

10. Phoctors does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

11. You expressly understand and agree that Phoctors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Phoctors has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost Chat of procurement of substitute goods and services resulting from any goods, data, information or services Let’s purchased or obtained or messages received; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

12. The failure of Phoctors to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Phoctors and govern your use of the Service, superseding any prior agreements between you and Phoctors (including, but not limited to, any prior versions of the Terms and Conditions).

 

You Are Responsible for Your Content

You are solely responsible for the content that you provide, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, “submit”) on or through Phoctors , or transmit to or share with other users. We reserve the right to review and retain any and all information submitted by you through the Website, including but not limited to User Generated Content (as hereinafter defined) and personal messages sent through the Website. You may not submit content to Phoctors that you did not create or that you do not have permission to submit. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit Phoctors to copy, store, publish, display, distribute and otherwise exploit your content. Phoctors is not and shall not function as an archive. We have no liability to you or any other person for loss, damage or destruction to your content.

 

Content Rights

Photographer Content

Members retain their full rights to any content they upload to this Website, including, but not limited to, photographs, videos and digital products, biographies, and business information (the “Photographer Content”) and Phoctors shall not acquire any rights to the Photographer Content except as expressly granted herein.

By  delivering or  transmitting  Photographer  Content  to  Phoctors ,  Members  grant  Phoctors a nonexclusive right to use, reproduce, alter the resolution of, transmit, publicly display,distribute, and make available Photographer Content as Phoctors deems appropriate for purpose of providing the Photographer Services or to promote, directly or indirectly, Member Services and/or Phoctors , including without limitation, the right to post Photographer Content in online and offline advertisements and on Social Media websites and applications (e.g., Facebook, Twitter, Instagram, Pinterest, Google Plus, LinkedIn & YouTube). Further, each Member understands and agrees that Phoctors may (but is not obligated to) keep archives of Photographer Content for the purpose of maintaining business records of Phoctors and preserving evidence of its Website activity.

User Generated Content

Except with respect to Photographer Content described above, visitors grant to Phoctors a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website (“User Generated Content”), such as comments, reviews or ratings about this Website or about Member Services. Phoctors reserves the right to amend, redact and/or delete User Generated Content for any reason like fake review or comments or ratings.

Other Content

All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of Phoctors or its licensors or suppliers.

Prohibited Material and Activities

Phoctors reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Website. Phoctors may, in its discretion, but is not obligated to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic. The term “material” shall include both Photographer Content and User Generated Content as defined above.

Furthermore, you agree that you shall not (1) transmit or post to Phoctors or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to you without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to you by other subscribers or visitors; (6) interfere with other visitors’ use and enjoyment of the Services or the Website; (7) modify, adapt, or hack Phoctors or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with you; (8) spam other Phoctors users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to Phoctors users, including but not limited to Chatny false or misleading advertising or coupons.  

You agree that Phoctors does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website. Phoctors reserves the right to prohibit access of any visitor in its discretion.

Claims of Infringement

Phoctors makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this Website or with respect to the Member Services. Phoctors cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this Website. If your photograph or trademark appears on this Website without your consent and you wish to have it removed, please contact Phoctors and provide the URL to the photograph in question. Please state the reason why you would like it removed and Phoctors will make a reasonable effort to resolve the issue with the Member.

Please send this information to Phoctors by using the Contact Us form.

Phoctors is not in a position to determine copyright status of any content uploaded to its site, which may depend upon many facts that are unknown to Phoctors. If you believe that your copyright rights have been violated by any material or activity on our Website, please send us a notification of claimed infringement. We expect the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

•           Identification 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;

•           Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Phoctors to locate the material, including the URL where the material is located;

•           Information reasonably sufficient to permit Phoctors to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

•           A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the notification to our designated agent to receive notices of claimed infringement as follows: phoctors@gmail.com

Phoctors has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

Indemnification and Limitation of Phoctors Liability

You agree to indemnify and hold harmless Phoctors , its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers (each an “Indemnified Party”) from any costs, losses, judgments, awards, damages and expenses (including reasonable attorney’s fees) related to any action, suit, claim or proceeding made, brought or threatened by a third party against an Indemnified Party arising out of or in connection with (1) your breach or alleged breach of these terms and conditions or violation of any representations or warranties contained in this agreement; (2) any materials that you submit or post on this Website; or (3) your misuse of information provided to you by other visitors.

In no event will Phoctors , its directors, employees, owners, agents, parents or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if Phoctors has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, Phoctors ’s liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the Phoctors Services. You further acknowledge that if you pay no fees to Phoctors to use the Website or Phoctors Services, you are limited to injunctive relief only, and are not entitled to damages from Phoctors regardless of your cause of action.

THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PHOCTORS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. PHOCTORS DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM PHOCTORS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Other
Terms and Conditions

These Terms and
Conditions, together with policies and guidelines referenced herein, constitute the whole agreement between you and Phoctors regarding the use of Phoctors. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue to be valid and enforceable in full force and effect. If Phoctors does not exercise or enforce any right, remedy, or provision of these Terms and Conditions, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. To the extent that a translation of these Terms and Conditions differ from the English language version, the English language version controls.