Terms of Service

(Short Form)

This is a summary of the PhotoByFred.com Terms of Service agreement. Click here if you wish to read the full text of the complete legal document. (The complete version of the Terms of Service agreement has precedence in the event of a discrepancy.)

PhotoByFred.com is the Internet presence of Photo By Fred. For the purposes of this document, the two names are considered synonymous.

Our primary objective at Photo By Fred is to make available photographs taken by Fred Koschara (and possibly others), for the enjoyment of the purchaser. We want to bring the greatest good to the largest group, while protecting the rights and interests of those whose investments of time, money or other resources are protected. The intent is to facilitate trade, to insure all involved are satisfied with the outcome. To achieve that goal, we require everyone who signs up with our service to agree to our Terms of Service.

Photo By Fred is open to the general public. Certain features, however, are only accessible to registered members. To become a registered member as an individual, you must either be over 18 years of age, or have the approval of your parent or legal guardian, and you must complete the registration process. A business can become a registered member by having an authorized individual complete the registration process. A valid email address is required to become a registered member. Clicking an "I Accept" (or similarly worded) button at the bottom of the page where this Agreement is displayed, and/or completing the registration process, indicates that you are eligible for membership. Also, use of the restricted sections of Photo By Fred means you accept and agree to the Terms of Service.

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either the Web site itself, sponsor advertisements, or electronically distributed, commercially produced information presented to you by Photo By Fred, or Photo By Fred's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of the content for your private non-commercial personal use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, upload, post, transmit, or distribute in any way any content available through Photo By Fred and its associated Web sites, including text, music, graphics and software.

You agree not to upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including any transmissions constituting or encouraging conduct that would constitute illegal activity or give rise to civil liability.

You agree not to impersonate any other person or entity, or misrepresent your affiliation with any other person or entity.

You agree not to post or transmit any information or software which contains a virus, Trojan horse, worm, time bomb, cancelbot, or other harmful or deleterious component.

It is our policy to respect the privacy of our members. All information you provide to Photo By Fred is protected under the terms of our Privacy Policy. Photo By Fred will not monitor, edit, or disclose any personal information about you or your use of our services, including their content, without your prior permission, unless Photo By Fred has a good faith belief that such action would be necessary to: (1) conform to legal requirements or comply with legal process; (2) enforce the Terms of Service; (3) protect and defend the rights or property of Photo By Fred; or (4) act to protect the interests of our members or others. Photo By Fred may provide certain user information in aggregate form to third parties, including its advertisers, for demographic purposes.

For features of Photo By Fred for which periodic charges apply, each subscriber to such features is responsible for the subscription fees and any charges incurred therefor. After you become a registered Subscriber for such features, Photo By Fred automatically charges your credit card each month until you notify us in writing via confirmed-delivery email, through use of an appropriate form on the Photo By Fred Web site, by telephone or Fax, or by sending physical mail, requesting that we cancel your subscription to such features and/or to Photo By Fred generally. You will always receive a notification of the billing at least two days in advance of our when we charge your card. We may choose to bill through an invoice, in which case, you must submit full payment within 30 days after the mailing date of the invoice.

Information and services included in or available through Photo By Fred may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Photo By Fred and/or its respective suppliers may make improvements and/or changes in Photo By Fred at any time.

You acknowledge and agree that we may terminate your password or account or deny you access to all or part of Photo By Fred without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms of Service, violate the rights of Photo By Fred, or is otherwise inappropriate for continued access.

Any dealings with Advertisers found on Photo By Fred or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Photo By Fred shall not be responsible or liable for any part of any such dealings or promotions.

These Terms of Service may be amended or updated at any time. Registered members will be notified of any significant changes, and given the opportunity to cancel their membership if the changes are objectionable. New members are subject to the terms that are in force at the time they sign up.

Any rights not expressly granted herein are reserved.

Copyright and Trademark Notices

All contents of PhotoByFred.com are Copyright © 2004-2008 by Photo By Fred and/or its suppliers, Photo By Fred, c/o Post Office Box 15571, Boston, Massachusetts 02215 USA. All rights reserved.

Trademarks

Photo By Fred, PhotoByFred.com, LimitedEditionPhoto.com, and/or other Limited Edition Photo products and services referenced herein are either trademarks or registered trademarks of Photo By Fred. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.