Definitions

'File' refers to any document that has the potential to be uploaded to Phota.

'User' refers to the individual who uploads files to Phota, has uploaded files to Phota, or accesses files from Phota.

'URL' refers to the location of any file located on Phota's servers.

Terms of Service

IMPORTANT! The terms of service (ToS) govern your use of this site, which is provided by Phota. By accessing this site, you are indicating your acknowledgment and acceptance of the terms of service. The terms of service are subject to change by Phota at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult the terms of service regularly.

Files

Phota reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLs.

The following types of files constitute "abuse" and may not be uploaded under any circumstances, when using Phota's Image Hosting:

Files that violate any law or may be considered to violate any law.

Files that infringe on the copyrights of any entity excluding the user.

Files that advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services).

Nudity or pornography, or anything that may be confused as nudity or pornography.

Gore or "shock" images that are that are intended to be offensive, disgusting and/or disturbing to viewers.

Website elements such as gradients and share icons.

Hotlinking to file-sharing, torrent, and pornographic sites is prohibited.

Uploading abusive files may result in the immediate termination of the user's ability to use Phota or any of its provided services. The Phota website may not load, all Phota-hosted files may not load, and all files related to the abusive files will be subject to deletion. Circumventing Phota's ability to enforce the Phota Terms of Service will result in prosecution.

To report any type of abuse, send email using the Report Abuse or Request Deletion page. It may take up to 7 days to process deletion requests.

Privacy

All information provided by the user is strictly confidential. Phota reserves the right to distribute aggregated demographic information provided by the user, but Phota will never release any personal information about the user without permission. However, Phota reserves the right to release user information if user has violated the Phota Terms of Service, if the information is subpoenaed, or if the user has committed unlawful acts.

Legal Policy

Phota Terms of Service are subject to change without notice.

All files are copyrighted © to their respective owners. Phota directs full legal responsibility of files to their respective users.

Phota is not responsible for the content of any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.

Limitation of Liability

User's use of Phota's services is entirely at his or hers own risk. If you are dissatisfied with any aspect of Phota's Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue the use of the Service. Phota's services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

Phota makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of Phota's services. In no event shall Phota be liable for any damages whatsoever. This includes direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Phota's services or any content thereon.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our agent:

Identification of the material that you claim is infringing, with enough detail that we can locate it on the site.

A statement that you have a good faith belief that the material’s use is not authorized by the copyright owner, its agent, or the law.

A statement declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

Your address, telephone number, and email address

Your physical or electronic signature.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: abuse@Phota.me

Indemnity

User agrees to indemnify and hold Phota harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User's Files or use of any other feature or service. This expressly includes:

User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.

Any defamatory or unlawful material contained within User's Files.

Waiver

By accepting these terms, you waive and hold harmless company from any claims resulting from any action taken by Phota during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Phota or law enforcement authorities.

Maintenance

Phota may perform maintenance services at anytime. User acknowledges that such maintenance may require downtime, and images hosted on Phota may not load during this time.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Brown County, Wisconsin United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Brown County, WI in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Brown County, Wisconsin. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Phota may revise these Terms of Use at any time by updating this posting.

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