1. Your Acceptance
“Abhikrati Media llp” 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, “Abhikrati Media llp” will notify you by Posting an announcement on the site. What constitutes a material change will be determined at “Abhikrati Media llp”’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
2. The Photofie Website and Third Party Websites
3. Website Access
(i) your use of the Photofie Website as permitted is solely for your personal, noncommercial use.
(ii) you will not copy or distribute any part of the Photofie Website in any medium without Photofie 's prior written authorization.
(iii) you will not alter or modify any part of the Photofie Website other than as may be reasonably necessary to use the Photofie Website for its intended purpose
You may never use another's account without that user’s permission.
When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify Photofie immediately of any breach of security or unauthorized use of your account.
Photofie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Photofie or others due to such unauthorized use.
C. You agree that you will not use any robot, spider, scraper or other automated means to access the Photofie Website for any purpose without our express written permission.
Additionally, you agree that you will not:
Take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure.
Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Photofie Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of Service Provider and the appropriate third party, as applicable.
Interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools.
4. Intellectual Property Rights
Photofie does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the Photofie Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the Photofie Website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the Photofie Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to Photofie, as well as Photofie’s Partners and Sponsors:
(i) the right to display the Content on the Photofie Website
(ii) the right to use the Content to promote the contest(s) or the Content
(iii) the right to engage in all of the acts as set forth below, as applicable.
A. Photofie may now or in the future permit the submission of photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Photofie does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant Photofie, Contest Sponsors and Partners the right to display and/or to provide exposure to your photograph and/or other works anywhere including, without limitation, when your photographs or other works are selected as winners of any contest, (i) to be displayed on Photofie’s Website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of Photofie on Photofie’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used photographs and images are credited to whomever the photographer is as represented by User. Any use of the images will be solely used in the context of promoting the contests’ submissions, the Photofie Website, and Users in Photofie’s sole discretion with no additional compensation owed to User, photographer and/or any other person or entity.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
C. In connection with User Submissions, you further agree, affirm, represent and warrant that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Photofie all of the license rights granted herein.
(ii) publish falsehoods or misrepresentations that could damage Photofie or any third party.
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
(iv) post advertisements or solicitations of business.
(v) impersonate another person.
E. You understand that when using the Photofie Website, you will be exposed to User Submissions from a variety of sources, and that Photofie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Photofie with respect to User Submissions. You agree to indemnify and hold Photofie, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your User Submissions and Content, as well as your use of the Photofie Website.
F. Photofie may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges' in their sole discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the User Submissions. User Submissions with the same total votes will be re-judged using the same criteria. All User Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a User Submission or a User is deemed ineligible, however, the User Submission will be deleted and not further considered.
6. Contests, User Rewards and Payments
You agree that all of the following terms and conditions will apply to your participation in all photography and other types of contests on the Photofie Website:
A. Photofie Contests Will Comply With
All Photofie Contests on the Photofie Website will be conducted in accordance with the laws of The Indian Competition Act, 2002. This means that all Photofie Contests are real contests in which at least a majority of the participants will have failed to win, and all Photofie Contests will comply with the following requirements:
The nature of the Photofie Contest and number of contestants will be disclosed.
The exact nature and approximate value of prizes or items of value won by participants in each Photofie Contest will be disclosed.
The deadline for submissions to each specific Photofie Contest will be disclosed.
The opportunity to win a prize will not be conditioned on a minimum number of entries or contest participants.
Photofie will keep detailed records of each Photofie Contest for at least two years after all the prizes are awarded.
In addition, all Photofie Contests will clearly and conspicuously disclose each of the following:
The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.
The date(s) upon which the contest will terminate, and upon which all prizes will be awarded.
Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prize winners if a tie remains after completion of the last tie breaker.
B. Verification Of Winners And Delivery Of Prizes
The method of selection, as well as the selection, of contest winners shall be determined by Photofie in its sole discretion. The Photofie team, deemed as resident judges/curators or any other assigned Photofie team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or Photofie Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from Users of the Photofie Website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner not prohibited by the laws of The Indian Competition Act, 2002. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective User Submissions by mail, courier, email or other method chosen by Photofie, Photofie’s Partners and/or the Photofie’s Sponsors in its their discretion. Photofie, any Photofie Partner, or any Photofie Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it they choose. To be confirmed as a winner and to be awarded the prize, the winning User will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the User Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning User be returned as undeliverable, Photofie, Photofie’s Partner and/or Photofie’s Sponsor will not resend the notice (whether by the same or another method), research the winning User's address nor make any further attempts at delivery. That User will be deemed to have withdrawn from the Photofie Contest and given up the User’s right to receive the prize notification or the prize. In the case that winner's User’s shipping address is located in a Country or area designated by Photofie, Photofie’s Sponsors and/or Photofie’s Partners as undeliverable, they reserve their rights to provide a cash Gift Card of equal value of to the announced prize instead of the specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Photofie, Photofie’s Sponsors and/or Photofie’s Partners reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of Photofie, Photofie’s Partner and/or Photofie’s Sponsor announcement of the winners. The reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of Photofie, Photofie’s Partners and/or Photofie’s Sponsors, to the extent and under the circumstances permitted by The Indian Competition Act, 2002.
7. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE PHOTOFIE WEBSITE AND PURCHASE OF ANY GOODS AND/OR SERVICES ON THE PHOTOFIE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. PHOTOFIE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PHOTOFIE WEBSITE, THE PHOTOFIE CONTENT, AND/OR USER SUBMISSIONS, AND/OR YOUR USE THEREOF. PHOTOFIE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PURCHASE, SALE AND/OR GIFTS OF ANY GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PHOTOFIE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S PHOTOFIE’S CONTENT, USER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE PHOTOFIE WEBSITE, THE PHOTOFIE CONTENT, AND/OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PHOTOFIE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PHOTOFIE’S WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE PHOTOFIE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY PHOTOFIE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PHOTOFIE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOTOFIE WEBSITE. PHOTOFIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHOTOFIE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHOTOFIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOTOFIE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE PHOTOFIE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE PHOTOFIE WEBSITE, THE PHOTOFIE CONTENT, AND/OR USER SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES OBTAINED FROM PHOTOFIE AND/OR THE PHOTOFIE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PHOTOFIE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PHOTOFIE’S WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE PHOTOFIE WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY PHOTOFIE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PHOTOFIE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOTOFIE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY PHOTOFIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTOFIE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PHOTOFIE WEBSITE IS CONTROLLED AND OFFERED BY PHOTOFIE FROM ITS FACILITIES IN INDIA. PHOTOFIE MAKES NO REPRESENTATIONS THAT THE PHOTOFIE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PHOTOFIE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.