Terms of Service

Uploading your Photograph in our MyFudo (“MFG”) Website indicates that you accept and acknowledge the Website’s Terms of Use. Occasionally, they may be updated and posted on the Website and you agree to be bound by them. MFG (and all its relevant affiliates) reserve all of its rights at law and equity. This includes the right to prevent further access to this Website if you violate one or more of its terms and conditions.

Photo Uploading

You retain ownership of the uploaded Photograph. You hereby grant MFG worldwide, irrevocable, transferable, unlimited, royalty-free, and non-exclusive license to Use your Photograph. You further grant MFG license to reproduce, display, adapt, transmit, make derivative works, modify, or arrange your Photograph, consistent with such Use.

Only you are responsible for your Photograph. This includes assuming all associated risks and providing proper identification. You acknowledge that you own or are permitted to use your Photograph. You may be held accountable if your Photograph is deliberately misleading, false, or illegal, and if it violates any third-party right such as patent, trademark, trade secret, moral right, copyright, privacy right, intellectual property or proprietary right.

Upon registering, you grant MFG the option to share your Photograph/s in social media sites such as Facebook, Twitter, Google Plus, and Pinterest.

Restrictions

When accessing the MFG Website and/or uploading or submitting your Photograph, you agree that you shall not do the following:

  • Pretend to be another person or entity;
  • Submit a Photograph which is not yours to make available under any law or under contractual or fiduciary relationships;
  • Submit a Photograph that is considered abusive, vulgar, threatening, harmful, hateful, libelous, harassing, racist, or generally unlawful;
  • Violate the rights of any third party, which include patent, trademark, trade secret, breach of confidence, moral right, copyright, privacy right, intellectual property or proprietary right; or
  • Violate any applicable law.

MFG reserves the right to remove or refuse any Photograph that does not abide by any of the restrictions mentioned above.

Indemnification

You agree to hold harmless and indemnify MFG and its owners from all losses, damages, claims, proceedings, demands, action, costs, awards, charges and expenses such as legal fees incurred by or made against MFG and its owners, which relate to your use of the Website, and any violation of the Terms of Use which includes violation of third party rights in connection to the Photograph. You will give prompt notice to MFG and its owners if you become aware of any claim, demand, or proceeding.

Limitation of Liability

DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUPPLIERS, OFFICERS, EMPLOYEES, OR AFFILIATES WILL NOT BE HELD LIABLE FOR ANY DAMAGES, WHETHER THESE ARE DIRECT, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER (THIS INCLUDES AND IS NOT LIMITED TO LOST PROFITS, LOST REVENUES OR SAVINGS, BUSINESS INTERRUPTION, HARM TO BUSINESS, OR LOSS OF PROGRAMS OR INFORMATION ON YOUR DATA SYSTEM) IN RELATION TO THE USE OF OR INABILITY TO USE THIS WEBSITE, OR CONTENTS, FUNCTIONS, INFORMATION, PRODUCTS AND SERVICES AVAILABLE OR OBTAINED FROM THIS WEBSITE OR ANY LINKED SITE, REGARDLESS OF WHETHER OR NOT EMPLOYEES, AGENTS, PUBLIC OR ITS AFFILIATES HAVE BEEN NOTIFIED OF THE POSSIBILITY OF THE DAMAGES.

Minors

This service is not available to minors under the age of 18, who are prohibited from registering or uploading Photographs to the Website.

Privacy

MFG collects relevant personal information you may provide, including your name, email address, favorite cause, and the Photograph. MFG collects these for the abovementioned purposes with respect to the Public’s Use of your Photograph.

Copyright Violation

If one of our users has violated your copyright, please contact us by filling out the necessary information that supports the copyright violation. We will contact you shortly with a reply regarding your concerns.  Thank you, The MyFudo Team.

If we have to notify the party involved (being accused):

Dear User:

We’ve received a report that your photo (details about photo) is in violation of  MFG/Fudo Foto’s TOS as well as the DMCA.  We will temporarily suspend the photo in quesiton.  Should we receive further reports regarding your photos, MFG/Fudo Foto will have no other recourse than to disable your ability to submit future photos.

If you disagree with this assessment, please contact us within 48 hours with an explanation.

Thank you,
The MyFudo Team