Agreement between User and National Photographic Society
Welcome to National Photographic Society! The http://www.NatPhoto.org (the "Website") is a nonprofit organization working on behalf and for the benefit of photographers and contributors by displaying prizewinning images from around the world. National Photographic Society’s core mission as a nonprofit organization is to award cash prizes, raise social awareness, and boost international recognition by holding juried competitions funded through sponsorships, associations, and membership and participation fees. National Photographic Society is comprised of various web pages operated by NatPhoto.org (including "http://www.NationalPhotographic.org" and “http://www.NationalPhotographicSociety.org”) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Use of Information and Services
The information (including, without limitation, advice and recommendations) and services on the site are intended solely as a general educational aid and provided with the understanding that neither National Photographic Society nor its suppliers/users are engaged in rendering legal, counseling or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site. National Photographic Society and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other materials on this site. While National Photographic Society strives to keep the information on this site accurate, complete, and up-to-date, National Photographic Society and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
Visiting the Website or sending emails to National Photographic Society constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that National Photographic Society is not responsible for third party access to your account that results from theft or misappropriation of your account. National Photographic Society and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
National Photographic Society does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with the express permission of a parent or guardian.
Cancellation / Refund Policy
National Photographic Society advertises works of photographers through portfolios that are made available instantly or within a short period of time after submission. As such, we cannot refund you any fees paid towards image submission and contest participation, and you acknowledge and agree that all such submissions are final. If there is a technical issue arising from our running of the Website that prevents you from submission, you may be entitled to a refund within 24 hours from the time of submission. Please contact us at info@NatPhoto.org for all refund inquiries.
Links to Third Party Websites / Third Party Services
http://www.NatPhoto.org may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of National Photographic Society and National Photographic Society is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. National Photographic Society is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by National Photographic Society of the Website or any association with its operators.
Certain services made available via http://www.NatPhoto.org are delivered by third party Websites and organizations. By using any product, service or functionality originating from the http://www.NatPhoto.org domain, you hereby acknowledge and consent that National Photographic Society may share such information and data with any third party with whom National Photographic Society has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.NatPhoto.org users and customers.
We reserve the right to disable links from third-party sites to any National Photographic Society Site, although we are under no obligation to do so. In no event shall the authors or website owner be held responsible or liable for any indirect, direct, incidental, special or consequential damages or costs whatsoever resulting from or related to use of this website.
You agree to indemnify, defend and hold harmless National Photographic Society, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. National Photographic Society reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with National Photographic Society in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and National Photographic Society agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Use of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
National Photographic Society has no obligation to monitor the Communication Services. However, National Photographic Society reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. National Photographic Society reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
National Photographic Society reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in National Photographic Society's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. National Photographic Society does not control or endorse the content, messages or information found in any Communication Service and, therefore, National Photographic Society specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized National Photographic Society spokespersons, and their views do not necessarily reflect those of National Photographic Society.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, NATIONAL PHOTOGRAPHIC SOCIETY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE; AND (B) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. NATIONAL PHOTOGRAPHIC SOCIETY DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NATIONAL PHOTOGRAPHIC SOCIETY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT NATIONAL PHOTOGRAPHIC SOCIETY OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of LiabilitY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NATIONAL PHOTOGRAPHIC SOCIETY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
NATIONAL PHOTOGRAPHIC SOCIETY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NATIONAL PHOTOGRAPHIC SOCIETY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Changes to Site
National Photographic Society reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Photographic Society as a result of this agreement or use of the Website. National Photographic Society's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of National Photographic Society's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by National Photographic Society with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and National Photographic Society with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and National Photographic Society with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Website Submission Acceptance
The receipt of a website submission to National Photographic Society directory does not constitute the acceptance of a submission. National Photographic Society reserves the right, without prior notification, to remove any Website submitted to National Photographic Society directory. Verification of information may be required prior to the acceptance of a submission acceptance. Terms and conditions of website submission and participation in the National Photographic Society directory are subject to change without notice. We reserve the right to limit the number of categories any website appears under.
National Photographic Society does not claim ownership of the materials you provide to http://www.NatPhoto.org (including feedback and suggestions) or post, upload, input or submit to any National Photographic Society Website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting National Photographic Society, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
Unless Submissions win cash prizes in specific competitions for which they were entered, no compensation will be paid with respect to the use of your Submission, as provided herein. National Photographic Society is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in National Photographic Society's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by National Photographic Society from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the National Photographic Society Content accessed through http://www.NatPhoto.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
All trademarks not otherwise identified are the property of the respective trademark owners. You use the links provided on this site at your own risk. Other product and company names mentioned herein may be the trademarks of their respective owners.
All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior permission of National Photographic Society, or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
All photographs reproduced on National Photographic Society are the sole property of their creators. No image on the site may be used in anyway without permission of the copyright owner. National Photographic Society systematically sources and credits all the content it shows; it gives the contact details for all the artists it features; and it uses only low-definition images that can't be used commercially. The founding principle of National Photographic Society is making culture available to all and includes both public domain and copyrighted works of art.
Copyrighted photographs are only shown when a written licensing agreement from each photographer or its representatives has been granted. National Photographic Society asks permission to each copyright owner before publishing their work. They can end this agreement anytime simply by contacting us at info@NatPhoto.org. All rights are reserved and acknowledged.
Because National Photographic Society has permission to show images does not imply someone else or any other website has permission to do so. You may not copy, adapt, re-publish, make available to the public or print off copies of National Photographic Society content in any way without our prior written permission and the permission of the concerned copyright owners (photographers, galleries, museums, etc.).
If you suspect any copyright violations on our side, please contact National Photographic Society as soon as possible at info@NatPhoto.org. NPS, NatPhoto, and National Photographic are trademarks of National Photographic Society. All other trademarks are the property of their respective owners.
Changes to Terms
National Photographic Society reserves the right, in its sole discretion, to change the Terms under which http://www.NatPhoto.org is offered. The most current version of the Terms will supersede all previous versions. National Photographic Society encourages you to periodically review the Terms to stay informed of our updates.
Your content has been submitted
Thank you. Your content has been submitted successfully!