1. This Site is owned and operated by Foto.com.ng, Inc. ("Foto.com.ng"). These Terms of Use apply to your access to, and use of, the Site, your use of any digital photography, media hosting services, other services provided on or through this Site (the "Services"), and to your purchase of any photographic prints or other products ("Products") from Foto.com.ng. However, these Terms of Use don’t alter in any way the terms or conditions of any other agreement you may have with Foto.com.ng. Your use of the Site and the Services and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. You consent to our communicating with you about the Site, the Products and the Services by email and/or system messages, and if necessary, by regular mail or telephone.

2. Foto.com.ng reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Site or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.

Privacy. Please refer to the Site's Privacy Policy (www.foto.com.ng.com/privacy/) for information on how we collect, use and disclose personal information from users of the Site. You understand and agree that we store and process your personal information on computers located in the United States.

3. License Agreement. Foto.com.ng's website enables any person or entity who owns or is otherwise authorized to license Images (the "Content Owner") to post such Images on the Site.
Copyright And Limited License. The Site and all Images, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Foto.com.ng or its licensors.

4. Foto.com.ng grants you a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with Foto.com.ng. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from the collection, copying or distribution of any portion of the Site or the Site Materials.

Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials modifying or otherwise making any derivative uses of the Site or any of the Site Materials scraping or otherwise using any data mining, robots or similar data gathering or extraction methods with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Foto.com.ng or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.

User Content, not owned by you, may be posted and distributed on personal blogs or other social media outlets through use of Foto.com.ng provided sharing methods including, but not limited to Twitter Share, Facebook Like, Google +1, and Embed feature. Embed feature html code snippet must be used unmodified and User Content images must be displayed no larger than 640x640 pixels. Use of any non-approved method for sharing User Content is strictly prohibited. All distributed or shared User Content must be hosted by Foto.com.ng and must not be copied to another location.

5. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, Foto.com.ng has adopted a policy of terminating, in appropriate circumstances and at Foto.com.ng's sole discretion, account holders who are deemed to be repeat copyright infringers. Foto.com.ng may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Copyright Complaints. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Send email to: hello@foto.com.ng

6. Trademarks. "FOTO.COM.NG", the Foto.com.ng logo, “ImageDuel”, the look and feel of the Site, and any other Product or Service names, logos or slogans of Foto.com.ng contained in the Site are trademarks of Foto.com.ng (collectively, the "Foto.com.ng Marks") and may not be copied, imitated or used without the prior written permission of Foto.com.ng. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

7. Hyperlinks. You may create a text hyperlink to the Site, provided such link does not portray Foto.com.ng or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Foto.com.ng at any time. Further, you may not, frame the Site without Foto.com.ng's express written consent. Foto.com.ng makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Foto.com.ng provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. Third Party Content. Foto.com.ng may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by Foto.com.ng of any Third Party Content. Foto.com.ng makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.

8. Your Account. Certain activities on the Site require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form ("Registration Data") is complete and accurate. Foto.com.ng reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Foto.com.ng may send important notices about your account or the Services to that email account. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Foto.com.ng's systems and customers, or to ensure the integrity and operation of Foto.com.ng's business and systems, Foto.com.ng may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that Foto.com.ng's right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of Foto.com.ng. For information regarding other ways that Foto.com.ng may use or disclose your Registration Data, please see the Foto.com.ng Privacy Policy.

9. Account Security. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Foto.com.ng of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Foto.com.ng.

DISCLAIMER OF WARRANTIES. THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOTO.COM.NG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES. FOTO.COM.NG DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM FOTO.COM.NG OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOTO.COM.NG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FOTO.COM.NG ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.

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