privacy policy
YOUR USE OF FOTOBREAK IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY FOTOBREAK.COM, ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH FOTOBREAK IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE AND NOT BY FOTOBREAK.COM.
FOTOBREAK.COM, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE, INCLUDING THAT
1. FOTOBREAK AND ITS SERVICES WILL MEET YOUR REQUIREMENTS,
2. FOTOBREAK WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOUGH FOTOBREAK WILL MEET YOUR EXPECTATIONS, BE RELIABLE OR ACCURATE, AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH FOTOBREAK, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR ITS SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FOTOBREAK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DO.
You agree to indemnify, defend and hold Fotobreak.com, harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your content, your use of Fotobreak, your connection to Fotobreak, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and contents of your website.
Limitation of Liability
IN NO EVENT SHALL FOTOBREAK.COM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM [A] THE USE OR THE INABILITY TO USE OUR SERVICES OR ACCESS CONTENT, [B] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM FOTOBREAK, [C] THE UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA, [D] STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR [E] ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF FOTOBREAK.COM, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Void Where Prohibited
Although Fotobreak is accessible worldwide, not all products or services discussed or referenced on Fotobreak are available to all persons or in all geographic locations or jurisdictions. Fotobreak reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on Fotobreak is void where prohibited.
In addition, Fotobreak.com, makes no representation that materials on Fotobreak are appropriate or available for use in locations outside the United States; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access Fotobreak from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.
Financial Transactions and Taxes
If you make any financial transactions on Fotobreak, including paying for network services fees, advertising banners, product placements, products or services, you may be asked for credit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.
Termination
Fotobreak.com, reserves the right to discontinue in whole or in part any portion of Fotobreak services or programs with or without notice.
Additional Notices
1. All pages within this Internet site are the property of Fotobreak.com, Permission (which may be revoked at any time) is granted to download the material in this Site without alterations and for private and non-commercial use only so long as the following copyright notice is included: © 2008-2011, Fotobreak.com.
2. 'Fotobreak', 'Fotobreak.com' logos are all trademarks and service marks of Fotobreak.com, All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. Any offer for any product or service made in the Site is void where prohibited.
4. Third party trademarks, service marks, logos, trade names and copyrights found on Fotobreak belong to their respective owners.
5. All rights to the Fotobreak Material not expressly granted herein are reserved.
6. Third Party Merchants and Advertisers: You acknowledge that Fotobreak.com, does not control the performance of merchants or advertisers that appear on Fotobreak. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT MEMBER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS USER AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN Fotobreak OR ITS PROGRAMS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Privacy Policy
Privacy issues are a high priority for us at Fotobreak and we follow standard industry practices to maintain your personal information. Please read the following to learn more about our privacy policy.
Fotobreak does not spam or sell/lease its user information to third parties.
Policy Coverage
This Privacy Policy covers Fotobreak's treatment of personally identifiable information that Fotobreak collects when you are on the Fotobreak site, and when you use Fotobreak's services. This policy also covers Fotobreak's treatment of any personally identifiable information that Fotobreak's business partners share with Fotobreak. This policy does not apply to the practices of companies that Fotobreak does not own or control, or to people that Fotobreak does not employ or manage.
Personal Information Collected by Fotobreak
ONLINE REGISTRATION: In order to become a Fotobreak member, you must first create a member account on Fotobreak by providing information about yourself.Fotobreak checks for the validity of the email addresses.
OPTIONAL PROFILE INFORMATION: Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the Profile section describing your skills, interests, professional and academic background and favorites. Provision of this additional information beyond what is required at registration is entirely optional; it allows you to better identify yourself and create superior networking opportunities with other through shared contexts. but enables you to better identify yourself and find new opportunities on Fotobreak. Your Profile information can only be viewed by other Fotobreak visitors or registered members or members of your personal network only depending on the option you choose.
FORMING YOUR OWN PERSONAL NETWORK: You can invite others to connect with you directly in Fotobreak by entering their names and email addresses. This information will be used by Fotobreak to send your invitation along with a message that you write. The names and email addresses of people that you invite will be used only to send your invitation and reminders. You will also have the option to upload your contact information either manually or via a computer upload directly from your Hotmail, Yahoo or Outlook section into your own private address book on Fotobreak. All information entered there will only be viewable by you and will not be searchable by others in the Fotobreak network without your permission. All information that you enter or upload about your contacts will be covered by the same terms of this privacy policy as cover your own personally identifiable information.
RECOGNIZING YOU AS A FOTOBREAK MEMBER: For Fotobreak to recognize you as a registered member, you must login with your login email and password. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use Fotobreak, you would not have to login with your email and password. As is common in the industry, Fotobreak uses the technology of cookies and site log files to monitor user registration, to recognize registered members when they revisit the site and to track site usage. Our ability to identify you as a registered member allows us to customize the Fotobreak experience and to protect your personal information based on your account settings.
INTERNET COMMUNICATION PROTOCOL INFORMATION: The communication standards of the Internet industry transmit the URL of the site from which you visit Fotobreak, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on Fotobreak. Fotobreak file logging system automatically logs all of this information in its log files for its analysis.
NEWSLETTER SUBSCRIPTIONS: Visitors to Fotobreak may also sign up with their name and email address for a variety of newsletters that Fotobreak produces with varying frequency (e.g., News headlines) without having to register. Fotobreak confirms the subscription by sending an email to the email address specified before sending the newsletter.
EMAIL COMMUNICATIONS: Fotobreak generally communicates with you as a registered member of Fotobreak through the primary email that you have specified at the time of registration. This is also used as the login text string in conjunction with the password to authenticate you on the Fotobreak site. Your email and password are never shared with anybody within or outside Fotobreak. Fotobreak uses this email address to send you three types of communications:
1. Sending you emails related to the proper functioning of your account (e.g. when you receive a response to a classified you have posted on Fotobreak or when you receive an invitation to join the personal network of another person)
2. Sending you newsletters that you have subscribed to
3. Sending you occasional announcements about changes in Fotobreak's policies or promotions introduction of new services
4. Please note that these email communications may contain commercial messages of advertisers; however, Fotobreak does not provide your personal information or emails to any of the advertisers; we just include the advertising banners they provide us in the emails that we send. As always you can opt out of the newsletters or promotional announcements.
PARTNERING WITH OTHERS: Fotobreak may partner with other online services to offer a combined service. Whenever we offer such combined services, Fotobreak will make it clear who the partner is and it will be entirely up to you to use or not to use the service. Where any personal information is passed along to the partner you will be informed prior to that sharing.
PROVISION OF AGGREGATE DEMOGRAPHIC INFORMATION TO THIRD PARTIES: Fotobreak reserves the right to provide aggregate demographic information of its member base to advertisers and others so as to attract pertinent advertisers to advertise on Fotobreak. We do not shared personal information of individual users with advertisers.
COMMUNICATIONS TO OTHERS FROM YOU THROUGH FOTOBREAK: You will be able to send emails to others -- members and non-members -- through the Fotobreak system. For example, you may send a comment on an article written by another member. Or you may send an email invitation to a non-member to join your personal network. In these instances, these emails will list your name and email address in the header of the message. The recipients of these emails initiated by you will get to know your name and email address. Fotobreak is not responsible for how these recipients use this information. Your contact information will only be shared with another member only if both of you indicated you would like to establish contact with each other.
COMMUNICATIONS FROM OTHERS TO YOU THROUGH FOTOBREAK: Only registered members of Fotobreak are allowed to communicate with you through Fotobreak through a form on Fotobreak. Unless and until you respond to this email, they will not get to know your email address.
DISCLOSURES REQUIRED BY LAW: It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.
Accessing and Changing Your Account Information
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your Fotobreak account, at any time by logging in to your account on the Fotobreak website and editing the information on your Profile page. You can also close your account through the Fotobreak website by sending your request to member relations with your login email address. You request will be processed within 7 business days.
Policy on Abuse on Fotobreak.com
Fotobreak.com is committed to ensuring and enforcing a safe and friendly online community space for all our members. To this effect, we have come up with a Policy on Abuse that we would like all our members to be aware of. These rules govern the use of the Fotobreak.com website and its product/service offerings and we would like all our members to cooperate in complying with these rules so that everyone can have a pleasant experience.
Conduct and use of language:
1. Member contributions must be civil and tasteful and must not be malicious or designed to offend. Use of swear-words or profanity is strictly prohibited.
2. Do not refer to the personality of other participants or attack an individual's character or personally insult another member. Do not use the Network to harass, threaten or verbally abuse or intimidate anyone, or behave in any manner that would cause annoyance or distress to other members.
3. Members of Fotobreak.com may not insult or defame the site, including any of its employees, moderators or freelancers. You may not post the contents (in part or whole) of any email that you may receive from any Fotobreak.com employee(s) and/or moderator.
4. Do not to post any material that is obscene, defamatory, profane, libelous, threatening, harassing, abusive, hateful or embarrassing towards other person(s) or an entity. We encourage a healthy exchange of opinions and disagreements. By all means challenge an opinion but please do it respectfully. Name-calling, insults and use of foul or abusive language will not be tolerated. This includes the use of offensive member Display Names and URLs (your personal website address on Fotobreak.com).
5. Please be sure before you divulge the details of your identity or personal information in your post(s), including photos of yourself or your family and friends. Anything posted online is accessible to the entire internet community and Fotobreak.com is not liable in cases where such information is misused. Please be aware of the general dangers of online information sharing like identity theft, phishing and other fraudulent activites.
6. Members of Fotobreak.com are not permitted to collect or distribute personal data concerning other members at any time.
7. Do not post messages more than once. This is also known as flooding. Fotobreak.com reserves right to delete such posts and may terminate the accounts of such members.
8. A member of Fotobreak.com must not impersonate another member.
Advertising and Spamming:
1. Commercial messages or promotional messages from businesses or organizations are not permitted on the Network. Fotobreak.com provides a platform for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photos but the website must not be used as a medium for marketing or selling to our members.
2. No advertising or promotion is allowed except where it is for an event, publication or similar item that has direct relevance to the subject of discussion and is non-commercial in nature. Please bear in mind that the space on the Network is for creative contributions by members and not for personal advertising or promotion(s). Information about locating and sharing knowledge and expertise is welcomed, but must have relevance to the topic on which an opinion is expressed or a discussion is initiated.
3. Do not post chain letters, promote pyramid schemes or recruit members for any network marketing or multilevel marketing businesses.
4. Do not recruit members to join another website forum or chat group, whether personal or otherwise. If you have a suggestion for a new forum, please contact us or send your queries to member relations.
5. Fotobreak.com encourages healthy discussion on the topics that members contribute to in forums and where relevant, members are allowed to post links to their content. However, overt promotion of, or inappropriate links to other known commercial websites on any forum are not permitted and will be removed. If you are unsure whether a link or a posting is allowed, please send your queries to member relations. The definition of an appropriate link is one that is relevant to both the posting and the forum topic. A commercial site is considered as one which promotes a product or service for a price or for other consideration that suggests it is a for-profit business.
Copyrighted Material: Uploading copies of copyrighted material as a whole or in part on Fotobreak.com without explicit permission from the copyright owner shall be deemed to infringe on the copyright and this applies to materials such as text, images, music, movies, games, and other software in digital and analog format. Fotobreak.com reserves the right to immediately delete such material without prior permission/consultation from the member. If you suspect that an image submitted to Fotobreak.com is copyright protected and has been used fraudulently, please contact us immediately or send us an email to info@fotobreak.com.
Safety Guidelines: Fotobreak.com is always reaching out to a wider audience by showcasing the best of our member contributions. However, in doing so, we will not allow to be uploaded anything on the site that we think could be potentially endangering or is inflammatory or embarrassing to our members. It also helps members to be aware of certain things in the interest of their safety.
1. All members are responsible for the safety of their personal information. We recommend that members do not disclose their names, addresses, email addresses, telephone numbers or other personal information online.
2. All members need to be aware that when they upload their photos to the site, the photos are not only visible to the entire internet community but can also be downloaded, since any image that can be displayed on a computer screen can be saved by the person viewing it. It is technically not possible to prevent this and hence Fotobreak.com cannot be held liable in such cases. If you are worried about someone else viewing or saving your images then please do not submit them.
3. Do not post chain letters, promote pyramid schemes or recruit members for any network marketing or multilevel marketing businesses.
4. Do not recruit members to join another website forum or chat group, whether personal or otherwise. If you have a suggestion for a new forum, please contact us or send your queries to member relations.
5. Fotobreak.com encourages healthy discussion on the topics that members contribute to in forums and where relevant, members are allowed to post links to their content. However, overt promotion of, or inappropriate links to other known commercial websites on any forum are not permitted and will be removed. If you are unsure whether a link or a posting is allowed, please send your queries toinfo@fotobreak.com The definition of an appropriate link is one that is relevant to both the posting and the forum topic. A commercial site is considered as one which promotes a product or service for a price or for other consideration that suggests it is a for-profit business.
Legalities:
1. All members are reminded that they may be held legally accountable for what they say or do online. In particular, members may be held liable for any defamatory comments, threats and/or untrue statements or other illegal and fraudulent claims made by them.
2. Fotobreak.com does not endorse the opinions expressed by its members.
3. If any member fails to observe the above rules of conduct at any time, Fotobreak.com reserves the right to terminate the membership of the member and/or delete all their contributions (either temporarily or permanently) from the site, depending on the nature and severity of the breach and without prior warning or consent of the member.
Registration as a Fotobreak.com member at any time past or present and use of the Fotobreak.com website and all its product/service offerings will be taken as acceptance of the above rules of conduct. Fotobreak.com's decision on all matters is final and binding on its members. Legal jurisdiction for all disputes is the High Court of Andhra Pradesh, India.
Fotobreak.com endeavours to foster a vibrant online community of Indians worldwide by providing a platform with global reach to express themselves and connect with other people, thus forming mutually beneficial relationships. We are here to serve our members 24x7 and use all feedback to refine and improve the online experience for our members. You can reach TEAM FOTOBREAK anytime by writing to info@fotobreak.com and we will respond to you in a timely manner. We hope you have an enjoyable and rewarding experience on the Fotobreak.com Network. Welcome aboard!