Zenfolio User Agreement 10/20/2020
This website and related services are provided subject to your agreement with this User Agreement (“Agreement”), which may be modified or supplemented at any time by Zenfolio, Inc. (“Zenfolio,” “we,” “us” or “our”). By using or accessing this website or by placing orders through this website, you agree to be bound by this Agreement as it exists at the time of your use, and that by posting of modifications of this Agreement on this website you have received sufficient notice regarding such modifications. If you do not agree with this Agreement, please promptly exit the website. As used in this Agreement, "you" and "your" will refer to anyone accessing or visiting the website, and "Photographer" refers to the individual or company who has a subscription with Zenfolio to upload and/or sell photographs or related products through this website. In the event of any conflict between this Agreement and any statement, understanding or agreement between you and Photographer, this Agreement controls.
Zenfolio is an online subscription service that provides photographers a hosted platform and related tools for organizing, exhibiting and selling photographs (the “Platform”). This website is managed by the Photographer who has licensed rights from Zenfolio to operate this website on the Platform. YOU ACKNOWLEDGE AND AGREE THAT THE PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR THE CONTENT MADE AVAILABLE THROUGH THIS WEBSITE AND FOR THE MANAGEMENT OF CONTENT AND INFORMATION ON THIS WEBSITE, AND THAT ZENFOLIO, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “ZENFOLIO PARTIES”) SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE OR ANY ACTION OR FAILURE TO ACT BY A PHOTOGRAPHER..
NOTICE REGARDING TRANSFER OF DATA: ORDER PROCESSING AND FULFILLMENT SERVICES, AND CERTAIN PLATFORM FEATURES UTILIZED BY PHOTOGRAPHERS ON THIS WEBSITE, REQUIRE THAT PERSONAL DATA BE PROCESSED BY ZENFOLIO IN THE UNITED STATES OF AMERICA, WHERE THE NECESSARY COMPUTING SYSTEMS ARE LOCATED. THOSE SERVICES AND FEATURES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, ZENFOLIO AND THIRD PARTY SERVICE PROVIDERS IN THE UNITED STATES OF AMERICA FOR THOSE PURPOSES.
NOTICE REGARDING ADDITIONAL RIGHTS: SHOULD YOU DESIRE TO EXERCISE ADDITIONAL RIGHTS AVAILABLE TO YOU UNDER APPLICABLE LAWS, WHICH MAY INCLUDE: (A) RIGHT TO ERASURE OR CORRECTION OF PERSONAL INFORMATION; (B) A RIGHT TO OBJECT TO, OR TO RESTRICT, PROCESSING OF PERSONAL INFORMATION, OR (C) A RIGHT TO PORT PERSONAL INFORMATION, YOU SHOULD FIRST CONTACT THE PHOTOGRAPHER. THE PHOTOGRAPHER, AS THE MANAGER OF THE WEBSITE, IS THE CONTROLLER FOR ANY PERSONAL INFORMATION PROVIDED BY YOU EXCEPT FOR DIRECT ORDERS (AS DEFINED BELOW). ZENFOLIO, ACTING AS A PROCESSOR OR SERVICE PROVIDER ON BEHALF OF THE PHOTOGRAPHER, OR AS A CONTROLLER OF DATA FOR DIRECT ORDERS,. CAN BE CONTACTED AT [email protected] WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND WILL FORWARD IT TO THE APPLICABLE PHOTOGRAPHER, OR, WHERE REQUIRED TO ADHERE TO YOUR REQUEST, WE WILL DO SO WITHIN THE TIME PERIODS REQUIRED BY APPLICABLE LAW . TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE COMPLYING WITH THE REQUEST AND MAY CHARGE A FEE TO PROCESS YOUR REQUEST AS ALLOWED BY APPLICABLE LAW.
Depending on preferences made available by the Photographer, you may have the option of placing orders to be fulfilled by the Photographer (“Photographer Orders”) or by Zenfolio and its affiliates and suppliers (“Direct Orders”). You agree that the Photographer shall be solely responsible for all aspects of Photographer Orders, including but not limited to processing and fulfillment, and that Zenfolio shall not have any liability to you for the same. You agree that you shall be responsible for reviewing, approving, and taking all other necessary steps to place Photographer Orders and Direct Orders, and that neither Photographers nor Zenfolio will have any liability to you for errors you make when placing orders. You are responsible for paying the Photographer for any Photographer Orders and for any applicable taxes. For Direct Orders, payments are processed by Zenfolio on behalf of the Photographer. By placing an order you authorize Zenfolio and/or its payment processors to charge your credit card the purchase price for the order, plus applicable taxes. To the extent permissible by law, risk of loss for all items purchased by you through the website passes to you upon Zenfolio's or the Photographer's delivery to a shipping carrier.
As a purchaser of products through this website, you acknowledge that such products are purchased for personal use only and are custom made to your order and have no market beyond your purchase thereof. Except as provided in the applicable End User License with the Photographer, or for any Stock Images licensed under the Stock Image License at the end of this Agreement (the “Stock Image License”), you may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit those physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent of the Photographer. You acknowledge that products (including digital products) purchased through the website are purchased subject to the terms set forth by the Photographer in a separate End User License as described below or, for Stock Images, as provided in the Stock Image License.
Opting Out of Certain Communications
Zenfolio may notify you of the receipt and/or status of orders and send you other transaction-related correspondence, and you will not be able to opt out of receiving those communications. For other communications, if you are no longer interested in receiving them, please e-mail your request to [email protected] or utilize the unsubscribe features within those emails. If you contact us via email, please include your complete name, e-mail address and mailing address. Note that you may still receive transaction-related communications from Zenfolio.
Intellectual Property Rights in Purchased Products
Products purchased through this website are purchased subject to the terms set forth by Photographer in a separate license agreement (each an “End User License”) or under the Stock Image License for Stock Images, and the acquisition of a copy of a product does not itself convey any rights under copyright or other laws to exploit the work. Products purchased by you through this website may not be reproduced, scanned, displayed, transmitted, distributed, modified, altered or otherwise exploited in any manner without the prior written consent of Photographer or as otherwise provided in an End User License or the Stock Image License. Any End User License, Stock Image License or agreement between you and a Photographer is the sole responsibility of those parties. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND UNDERSTAND THE TERMS OF ANY SUCH LICENSES AND AGREEMENTS. YOU ACKNOWLEDGE AND AGREE THAT ZENFOLIO PARTIES SHALL NOT HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO ANY SUCH END USER LICENSES. YOU ACKNOWLEDGE AND AGREE THAT ALL END USER LICENSES FOR DIGITAL PRODUCTS BETWEEN YOU AND A PHOTOGRAPHER ARE ENTERED INTO AT YOUR OWN RISK. Zenfolio reserves the right, but has no obligation, to become involved in any way with disputes between you and a Photographer.
Photographers and/or their clients retain their full rights to any content they upload to this website, including, but not limited to, images, videos, biographies and business information. All other content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this website, is the property of Zenfolio or its licensors or suppliers, and no portion of such other content may be reprinted, republished, modified, or distributed in any form without the express written permission of Zenfolio.
Zenfolio respects the intellectual property of others, and we ask that you and Photographers to do the same. However, Zenfolio is not in a position to determine copyright status of any content uploaded to the website, which may depend upon many facts that are unknown to Zenfolio. Zenfolio makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on the website or sold by Photographer. Zenfolio cannot and does not ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark therein or on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property or privacy rights have been otherwise violated, you should notify Zenfolio of your claim in accordance with Zenfolio’s Copyright Policy .
You are solely responsible for all content and materials that you upload, post, publish or display or otherwise use or make available (hereinafter, “upload”) via or in connection with this website. Zenfolio reserves the right to investigate and take appropriate legal action against anyone who, in Zenfolio’s sole discretion, violates this provision, including without limitation, removing the offending content, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not:
Disclaimer of Warranties
THIS WEBSITE, THE PLATFORM AND ANY RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ZENFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZENFOLIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZENFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL ZENFOLIO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
If your order includes stock images, then the terms of the following Stock Image License apply.
Stock Image License Agreement
THIS AGREEMENT (“STOCK IMAGE LICENSE”) IS BETWEEN YOU (“YOU,” “YOUR,” OR “LICENSEE”) AND THE PHOTOGRAPHER (“PHOTOGRAPHER”) FROM WHOM YOU OBTAINED IMAGES IDENTIFIED AS STOCK IMAGES (“STOCK IMAGES”) AND GOVERNS YOUR USE OF THOSE STOCK IMAGES AS MADE AVAILABLE BY THE PHOTOGRAPHER THROUGH ZENFOLIO.COM, WHICH IS OPERATED BY ZENFOLIO, INC. (“ZENFOLIO”). THIS STOCK IMAGE LICENSE IS BETWEEN YOU AND THE PHOTOGRAPHER, AND ZENFOLIO IS NOT A PARTY TO THIS AGREEMENT.