Sign up at Fotopigeon and send your first photo free!
Already have an account? Log in here →
Terms and Conditions
Fotopigeon provides its customers with a safe and easy way to process, print, digitize, store, share and otherwise use (collectively "Process") photographs. However, before you use Fotopigeon services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Fotopigeon that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact us. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
I. Terms of Membership
- Fotopigeon Service is available to you if you are at least 13 years of age and submit certain requested information to Fotopigeon, including your name and correct email address. When you use our Service for the first time, you must provide Fotopigeon with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
- The Service is for personal use only.
II. Digital Image Storage
Fotopigeon offers free, unlimited storage of online photos to Members who maintain Active Participation. When you upload photo content to the Service, the original resolution and format of your Content may be modified depending on the upload speed you choose. Further, if you upload photo Content with very high resolution or bit-rate, Fotopigeon may in its discretion down-sample the Content regardless of the upload speed you choose.
- You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
Fotopigeon is committed to ensuring that the Service remains a fun and safe place to process and deliver photographs. To that end, the Service allows you to be creative with their Content. Users of the Service may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Fotopigeon believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Comprises copyrighted material used without the express permission of the owner;
- Violates or otherwise encroaches on the rights of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");
- Advocates illegal activity;
- Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;
- Uses any high volume automated means (including robots, spiders or scripts) to access the Service;
- Broadcasts or sends any form of advertising, mass communication or solicitation to Fotopigeon users;
- Harms anyone, including minors; or,
- Provides a link to any of the above
- Fotopigeon has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Fotopigeon does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Fotopigeon may delete, move, and edit Content for any reason, at any time, without notice.
- All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
- By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
- Fotopigeon in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
- As part of the Service, Fotopigeon may offer users the right to establish group rooms, shared rooms, or other similar capabilities on the Site (collectively "Group Rooms"), at Fotopigeon\'s option and subject to Fotopigeon\'s conditions. If a Group Room involves a Member-specific URL, such as xxx.Fotopigeon.com, Fotopigeon may revoke the right to use that URL for any reason deemed appropriate by Fotopigeon in its sole discretion; Fotopigeon will provide at least thirty days notice prior to any such revocation. Fotopigeon owns and retains all right, title, and interest in the use of "Fotopigeon" or other Fotopigeon property in association with Group Rooms.
- Fotopigeon may provide you with an "Embedded Player" feature to enable you to incorporate certain Content into your own personal, non-commercial websites for use in accessing the materials on the Site. You must provide a prominent link back to the Site on all pages containing the Embeddable Player. Fotopigeon will have no responsibility or liability for content users post to other websites and the removal of such content is the sole responsibility of those other websites.
IV. No Resale of Service
Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
Third Party Software and Websites
As a convenience to Members, Fotopigeon may make third-party software available through the Service, including by downloading, or provide links to third-party websites. Your use of such third-party software or websites will be subject to the terms and conditions imposed by the third party provider. The agreement to use such software or websites will be solely between you and the third party provider. Fotopigeon makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software or websites.
- Fotopigeon may make certain third-party templates, images, products, tools and services available to Members through the Service, including by downloading. Such third-party templates, images, products, tools and services are provided "as is" without support or warranties of any kind. Fotopigeon makes no representations or warranties concerning, and it not liable or responsible in any manner for, any performance, effectiveness, claims or other aspect of third-party templates, images, products, tools and services.
When you use the Service, you become a participant in an online community of people who enjoy videos and photography. In order for Fotopigeon to make your photos and videos available to you and your invitees, as well as to use images to offer you a special variety of online services, Fotopigeon needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant Fotopigeon a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for providing or improving the Service. As a condition to Membership, you represent and warrant to Fotopigeon that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
- The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Fotopigeon, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "Fotopigeon AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL Fotopigeon OR Fotopigeon AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT, OR (III) MISDELIVERY OR NON-DELIVERY OF PHOTOS.
- ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. Fotopigeon WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST, NOT RETURNED, MISDELIVERED OR NOT CORRECTLY DELIVERED, Fotopigeon'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR Fotopigeon TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, E.G., REFUND OF CREDIT PURCHASED FOR SUCH PHOTOS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST.
- EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Fotopigeon AND Fotopigeon AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fotopigeon MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. Fotopigeon MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- Fotopigeon SHALL NOT BE RESPONSIBLE TO THE USER OR ANY OTHER PERSON FOR ANY PHOTOS THAT ARE NOT ACCEPTED BY THE CORRECTIONAL FACILITY. NOT ALL PHOTOS ARE DEEMED APPROPRIATE AND ARE SUBJEC TO THE SOLE DISCRETION OF THE FACILITY. NOT ALL CORRECTIONAL FACILITIES HAVE THE SAME CONDITIONS WITH RESPECT TO PHOTOS. SOME FACILITIES WILL NOT ALLOW PICTURES OF: (A) PHOTOS CONTAINING THE PRISONER, (B) PHOTOS CONTAINING MORE THAN ONE PERSON, (C) SCANTILLY CLAD PERSONS, (D) MORE THAN A CERTAIN NUMBER OF PHOTOS, AND OTHER LIMITATIONS IMPOSED BY THE CORRECTIONAL FACILITY. YOU SHOULD INVESTIGATE THE PHOTO LIMITATIONS PRIOR TO REQUESTING OUR SERVICES FOR DELIVERY TO ANY FACILITY.
- TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Fotopigeon WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Fotopigeon may, in its sole discretion, terminate your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Fotopigeon elsewhere within the Service, or (ii) conduct Fotopigeon believes is harmful to other Fotopigeon users, the business of Fotopigeon, or its Affiliates.
Choice of Law
The state and federal courts of Florida are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Florida.
Modification of Terms
Fotopigeon may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Fotopigeon will be prospective only.
These Terms constitute the entire agreement between you and Fotopigeon governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Fotopigeon Affiliate services, third-party Content, or third-party software.
- The failure of Fotopigeon to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
- Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these terms to firstname.lastname@example.org.
How We Use Information
Fotopigeon requests information from you for our own business purposes, and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except as necessary for us to provide the product or service you have requested of us or as required or permitted by applicable law, or as required by any government entity in order to permit us to complete your transaction and sale as agreed upon by the parties. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal business purposes, such as customer analysis or quality control. Fotopigeon will also use information that you provide for its own internal market research purposes, development of prospect lists and project planning. Information on viewers gathered from inquiries at our website may be used for purposes of offering you property of Fotopigeon or other offerings of Fotopigeon affiliates or its subsidiaries. The use of our website constitutes your permission for such uses.
Information Obtained Through Our Website
Fotopigeon feels it is important you know how we handle the information about you we receive on the Internet. Generally, you can visit our website without telling us who you are or revealing any information about yourself. Our web servers collect the domain names of visitors, not the e-mail addresses. This information is amassed to measure the number of visits, average time spent on the website, pages viewed and related information. Fotopigeon uses this information to measure the use of our website and to develop ideas to improve the content of our website. There are times, however, when we may need information from you, such as your name, phone number and email address. When information is needed, we will use our best efforts to let you know how we will use the information. Usually, the information we collect is used only by us to respond to your inquiry or to process an order. If you choose to share any information with us, we will only use it in accordance with this Privacy Policies outlined herein.
The Fotopigeon website may contain links to other websites. We try to link only to websites that share our high standards and respect for privacy, however we are not responsible for the content or the privacy practices of other sites.