content displayed on the Website, are a legally binding contractual agreement between you
(“User, “you,” “your”) and Photolinga Pvt. Limited d/b/a Photolinga.com (“photolinga.com,” “we,”
“us”) (hereinafter collectively referred to as the “Terms of Service”). By visiting or using the
services available from the domain and sub-domains of www.photolinga.com (the “Website”), you
agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms
of Service and all linked information from time to time in our sole discretion by updating this
posting or any linked information. Unless otherwise provided in such revision, the revised terms
will take effect when they are posted.
Photolinga.com is an online marketplace that enables customers (“Employers”) to search
for, enter into and manage transactions with providers of professional services
(“Freelancers/Photographers” and, collectively with Employers, “Registered Users”). The
Website contains features that enable Freelancers and Employers to do, among other
things, the following:
Create profiles, post jobs, search for Photographers, communicate with Photographers,
negotiate with Photographers, award jobs to Photographers, manage jobs, leave feedback
for Photographers, and pay Photographers.
Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain
job awards, invoice, obtain feedback from Employers, and receive payment from Employers.
We also provide Registered Users with certain services described in, and subject to,
these Terms of Service (as further defined below, the “Services”). We may add, delete or
modify some or all of such Services at any time at our sole discretion with reasonable
notice posted in advance on the Website. Capitalized terms used in these Terms of
Service have the following meanings:
“Account” means the account created by the Website upon registration.
“Assumed Payment Liabilities” shall mean that portion of a Photographer’s total
service charges for a Job which Photolinga.com agrees to assume in consideration of the
“Dispute Resolution Service” means the service described in Section 6.
“Employer’s Acceptance of Services” shall mean: (i) with respect to an Invoice, a
transfer of funds by Employer to Photolinga.com in respect of such Invoice.
“Photolinga Billing and Payment Services” means, collectively, the Photolinga
Invoice Service and the payment services defined by Photolinga.
“Photolinga Invoice Service” means the service described in Section 5(B).
“Service Charges” means, as applicable, the Transaction Fee, Employer Handling
Fee and the Dispute Resolution Service Fee.
“Services” means, collectively, the Photolinga Billing and Payment Service, the
Dispute Resolution Service.
“Website” means the world wide web site operated by Photolinga.com at http://www.photolinga.com or any
To access our Services through our Website, you must be a legal entity, or an
individual of eighteen (18) years of age or older who can form legally binding
contracts. To become a Registered User, you must accept all of the terms and
conditions in, incorporated by reference in, and linked to, these Terms of
Service. By becoming a Registered User, you agree to: (1) abide by the Terms of
Service and the processes, procedures, and guidelines described throughout the
Website; (2) be financially responsible for your use of the Website and the
purchase or delivery of services; and (3) perform your obligations as specified
by any Job Agreement that you accept, unless such obligations are prohibited by
law or by the Terms of Service. Photolinga.com reserves the right, in its sole
discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an
Account. You agree to provide true, accurate and complete information as
prompted by the registration form and all forms you access on the Website, and
to update this information to maintain its truthfulness, accuracy and
Once you have registered with the Website as a Registered User, the
Website will create your Account with Photolinga.com and associate it
with an account number. You may create a profile under your Account, in
accordance with Section 2(D).
During registration, you will be asked to choose a username, password
and security questions and answers for the Account. As a Registered
User, you agree and you are entirely responsible to safeguard and
maintain the confidentiality of the username, password and security
questions and answers you use to access this Website. You authorize
Photolinga.com to assume that any person using the Website with your
username, password and/or security questions and answers is you or is
authorized to act for you. You agree to notify us immediately if you
suspect any unauthorized use of the Account.
Photolinga.com provides Registered Users several different membership options.
The availability of these membership options is dependent upon (i) the
Registered User’s status as an Employer or a Freelancer (ii) the selections made
during registration, (iii) any subsequent upgrades or downgrades of membership
options after registration.
Each membership option includes a certain number of “bids.” As described on the
Website, a Freelancer uses bids to submit quotes for jobs. If a Freelancer
requires additional bids in a given month, the Freelancer has the option to buy
additional bids as described on the website. We reserve the right to change
membership fees, the monthly number of bids included in the membership options
or the price of bids or institute new fees at any time, at the sole discretion
of Photolinga.com and upon reasonable notice posted in advance on the Website.
No refunds of membership fees, bids or skill tests already paid will be given.
If we exercise our right to cancel a membership as provided under these Terms of
Service, at any time, we will not refund the membership fee already paid.
The engagement, contracting and management of a job are between an
Employer and a Freelancer. Upon acceptance of a quote, the Employer
agrees to purchase the services, and the Freelancer agrees to deliver,
the services and related deliverables in accordance with the following
agreements: (a) the agreement between Employer and Freelancer including
the Quote, Job Description, and other terms and conditions as
communicated between Employer and Freelancer on the Website or
otherwise, (b) these Terms of Service, and (c) any other content
uploaded to the Website by Photolinga.com (collectively, the “Job
Agreement”). You agree not to enter into any contractual provisions in
conflict with these Terms of Service. Any provision of a Job Agreement
in conflict with these Terms of Service is void. Employer is responsible
for managing, inspecting, accepting and paying for satisfactory services
and deliverables in accordance with the Job Agreement in a timely
manner. Freelancer is responsible for the performance and quality of the
services in accordance with the Job Agreement in a timely manner.
Employer and Freelancer each covenants and agrees to act with good faith
and fair dealing in performance of the Job Agreement.
Employer and Freelancer each acknowledges and agrees that their
relationship is that of independent contractors. The Freelancer shall
perform services as an independent contractor and nothing in these Terms
of Service shall be deemed to create a partnership, joint venture,
agency, or employer-employee relationship between Freelancer and
Employer or between Photolinga.com and any Employer or Freelancer.
Photolinga.com is not a party to the dealing, contracting and
fulfillment of any Job between an Employer and a Freelancer.
Photolinga.com has no control over and does not guarantee the quality,
safety or legality of any services performed or deliverables created,
advertised, the truth or accuracy of job listings, the qualifications,
background, or abilities of Registered Users, the ability of Freelancers
to perform services, the ability of Employers to pay for services, or
that an Employer or Freelancer can or will actually complete a Job.
Photolinga.com is not responsible for and will not control the manner in
which a Freelancer operates and is not involved in the hiring, firing,
discipline or working conditions of the Freelancer. All rights and
obligations for the purchase and sale of services or other deliverables
are solely between an Employer and a Freelancer. Photolinga.com will not
provide any Freelancer with any materials or tools to complete any Job.
Employers and Freelancers must look solely to the other for enforcement
and performance of all the rights and obligations arising from Job
Agreements and any other terms, conditions, representations, or
warranties associated with such dealings.
Employer and Freelancer each acknowledges and agrees that the value,
reputation, and goodwill of the Website depend on their performance of
their covenants and agreements as set forth in their Job Agreement.
Employer and Freelancer therefore appoint Photolinga.com as a
third-party beneficiary of their Job Agreement for purposes of enforcing
the obligations owed to, and the benefits conferred on, Photolinga.com
by these Terms of Service. Employers and Freelancers further agree that
Photolinga.com has the right to take such actions with respect to the
Job Agreement or their Accounts, including without limitation,
suspension, termination, or any other legal actions, as Photolinga.com
in its sole discretion deems necessary to protect the value, reputation,
and goodwill of the Website.
These Terms of Service and any registration for or subsequent use of
this Website by any user or Registered User will not be construed as
creating or implying any relationship of agency, franchise, partnership
or joint venture between you and Photolinga.com, except and solely to
the extent expressly stated.
Registered Users are responsible for payment and reporting of any taxes.
Photolinga.com is not obligated to determine the applicability of any
taxes or to remit, collect or report any such applicable taxes, unless
otherwise agreed to by both parties pursuant to the terms of any
provision of tax services provided to you by Photolinga.com. You agree
that you will abide by any and all applicable state and federal tax
statutes, regulations and common law. In the event Photolinga.com
receives a notice of non-compliance with any such statute, regulation or
common law, including, without limitation, an Internal Revenue Service
Levy, Photolinga.com will deem such receipt a breach of this section and
will suspend your Account until Photolinga.com received an Internal
Revenue Service Release.
Freelancers can choose various membership programs to subscribe to different
levels of participation on the Website.
Photolinga.com deducts one or more of the following fees, as applicable, from
payments made by Employers to Freelancers using the Photolinga Billing and
Photolinga.com charges all Freelancers a Transaction Fee. The fee is
based on a Freelancer’s membership type and is deducted from the total
amount paid by an Employer for a Job.
On paying a Freelancer’s invoice, a Handling Fee will be charged to the
If, upon a Freelancer’s request, funds are to be disbursed via check or
a wire transfer, a Freelancer Transfer Method Fee will be charged to the
Freelancer. Transfers made through use of Paypal and Payoneer debit card
methods will incur no such fee
For use of Dispute Resolution Services, irrespective of the nature of
resolution and any resulting disbursements, Photolinga.com charges a
Dispute Resolution Service Fee, equal to the greater of twenty-five
dollars ($25.00) and five percent (5%) of the total amount paid by an
Employer to Photolinga.com for the applicable job to which such payment
We reserve the right to change membership fees, service fees, processing fees or
any other fee that may be charged by Photolinga.com at any time, at the sole
discretion of Photolinga.com and upon reasonable notice posted in advance on the
Website. No refunds of fees already paid will be given. If we exercise our right
to cancel a membership as provided under these Terms of Service, at any time, we
will not refund the membership fee already paid.
In order to use certain Services, Registered Users must provide and verify at
least one valid Payment Method. You hereby authorize Photolinga.com to store, or
contract with a third-party to store, Payment Method information for future use
and agree that we may use certain third-party vendors and service providers to
process payments and manage your Payment Method information.
You hereby authorize Photolinga.com to store credit card or other
Payment Method details as a method of payment for Services, and to
charge your credit card (or any other Payment Method authorized by
Photolinga.com or mutually agreed to between you and Photolinga.com).
By providing Payment Method information through the Website, you
represent, warrant, and covenant that: (a) you are legally authorized to
provide such information to us; (b) you are legally authorized to
perform payments using the Payment Method(s); and (c) such action does
not violate the terms and conditions applicable to your use of such
Payment Method(s) or applicable law. When you authorize a payment using
a Payment Method via the Website, you represent, warrant, and covenant
that there are sufficient funds or credit available to complete the
payment using the designated Payment Method
To the extent any amounts owed under this Agreement cannot be collected
from your Payment Method(s), you are solely responsible for paying such
amounts by other means. To the extent permitted by applicable law, we
reserve the right to see reimbursement from you, and you will reimburse
us, if we: (i) suspect fraud or criminal activity associated with your
payment, withdrawal, or use of the Website, (ii) discover erroneous or
duplicate transactions, or (iii) receive any chargeback from the credit
card company, bank, PayPal, or other Payment Method provided by you or
otherwise in connection with your Account. You agree that we have the
right to obtain such reimbursement by charging any Accounts you hold
with us, offsetting any amounts determined to be owing, deducting
amounts from future payments or withdrawals, charging your credit card
or other Payment Method, or obtaining reimbursement from you by any
other lawful means. If we are unable to obtain reimbursement for
chargebacks for which you received Services pursuant to these Terms of
Service, we may, in addition to any other remedies available under
applicable law, suspend or revoke your access to the Website and close
The Photolinga Invoice Service enables Freelancers to issue invoices and
enables Employers to make payments for services
When a Freelancer completes a Job for an Employer, the Freelancer will complete
the electronic invoice form (the “Invoice”) and submit it to Photolinga.com via
the Website. A Freelancer must complete and submit an Invoice to Photolinga.com
for each and every Job. The Freelancer will provide Photolinga.com with a list
of jobs, including, but not limited to, hours worked, payment required and
description of Job(s), to be included on the Invoice (“Invoice Details”). Such
Invoice Details will not be final until and unless such Freelancer has confirmed
the accuracy of the Invoice Details or waived the right to review the Invoice
Details. If a Freelancer waives his, her or its right to review the Invoice
Details, all items in the Invoice Details will be included on the Invoice as
received by Photolinga.com. PHOTOLINGA.COM ENCOURAGES ALL FREELANCERS TO
REVIEW INVOICE DETAILS. Photolinga.com will submit the Invoice to the
Employer and the Employer shall submit the payment specified in the Invoice
(“Payment”) to Photolinga.com. When an Employer makes a payment through the
Photolinga Invoice Service, Photolinga.com deducts the appropriate Service
Charges due Photolinga.com as described on the Website and delivers the
remainder of the Payment to the Freelancer.
For fixed-price Job Agreements, Freelancers will create invoices and
submit them to their Employer on completion of milestones as defined in
the Job Agreement.
By creating and sending the invoice, the Freelancer represents and
warrants that the Freelancer has completed the applicable freelancer
services fully and satisfactorily
The Employer has through the Invoice Payment Grace Period as defined in
the Job Agreement to review the work completed and delay the payment or
dispute the Freelancer’s invoice
At the end of the Invoice Payment Grace Period, the Employer will be
deemed to have approved all undisputed work and Photolinga.com will pay
the invoice using freelancer’s submitted payment method
If an Employer reasonably disputes any Invoice, the Employer will pay
all undisputed amounts within the time frames specified above and the
parties will cooperate to verify any disputed amounts. Any Invoice
amounts reasonably disputed by an Employer will not be payable to a
Freelancer until such dispute is resolved. Photolinga.com’s obligation
to pay any Payment (less applicable Service Charge) is expressly
conditioned upon: (a) Photolinga.com’s receipt of Payment from the
applicable Employer and (b) resolution of all outstanding disputes with
respect to such Invoice and/or Payment
At an Employer’s request, upon payment to Photolinga.com by Employer for
services to be rendered by a Freelancer, Photolinga.com will assume
responsibility for the payment for such Freelancer’s services (less
applicable Service Charge). Photolinga.com agrees not to pay Freelancers
for services until after the occurrence of an Employer’s Acceptance of
Services. You acknowledge that such funds will belong to Photolinga.com
immediately upon such funds being transferred to Photolinga.com by you.
However, Photolinga.com agrees to refund such funds to Employer in the
event that (y) a Freelancer acknowledges that services have not been
completed or (z) Employer and Freelancer have concluded the process
comprising the Dispute Resolution Service with a result indicating that
Employer is the rightful recipient of such funds. Photolinga.com agrees
to keep both Employer and Freelancer informed as to the status of the
Assumed Payment Liability and if, for any reason, a party requests
Dispute Resolution Service regarding such status, will notify both
parties that the matter will be addressed through the Dispute Resolution
To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Photolinga.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Photolinga.com has the right to refuse to process such request
Photolinga.com reserves the right, at its sole discretion, to place a hold on requested transfers if Photolinga.com suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. Photolinga.com will release a hold as soon as practical.
Photolinga.com is not your agent with respect to any funds that have been transferred to Photolinga.com for any Assumed Payment Liabilities
Each Freelancer must properly discharge and credit Employers for all payments that Photolinga.com makes to such Freelancer in respect of services provided to such Employers.
Photolinga.com acts as a payment provider by creating, hosting, maintaining, and providing the Photolinga Billing and Payment Services to you via the Internet. Photolinga.com does not have any control over the services invoiced or paid for with the Photolinga Billing and Payment Services. Additionally, Photolinga.com does not control whether an Employer or Freelancer will actually complete the underlying transaction. Photolinga.com is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Job. Nothing in these Terms of Service will be deemed to constitute Photolinga.com as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
By using the Photolinga Billing and Payment Services, you expressly acknowledge that (a) Photolinga.com is not acting as a trustee or a fiduciary of Employers or Freelancers and that the Photolinga Billing and Payment Services are provided to Registered Users administratively; (b) Photoinga.com is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the Photolinga Billing and Payment Services are payment services rather than a banking services; (c) PHOTOLINGA.COM IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH PHOTOLINGA.COM ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
Your use of the Photolinga Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer’s Acceptance of Services has occurred, (i) Photolinga.com shall have no further liability to any party with respect to Payment for such services, (ii) Employer acknowledges that Photolinga.com has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases Photolinga.com from any and all liability with respect to such Payment.
Photolinga.com reserves the right to seek reimbursement from you, and you will reimburse Photolinga.com, if Photolinga.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if Photolinga.com receives a charge back or reversal from any Employer’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge Photolinga.com’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Photolinga.com in an effort to investigate fraud. You agree that Photolinga.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
The Photolinga Billing and Payment Services operate in US Dollars and therefore Photolinga.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Photolinga.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer or check to and from your bank account, credit card account or PayPal account.
Employers agree to use the Photolinga Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Photolinga Billing and Payment Services or any associated fees. As a Freelancer, you agree to use Photolinga Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Photolinga Billing and Payment Services or any associated fees.
As an Employer, you agree to notify Photolinga.com immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify Photolinga.com immediately if your Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Photolinga Billing and Payment Services, please submit a confidential report to Photolinga.com by phone at 92-300-047-1344 or contact us.
If, for any reason, Photolinga.com does not receive payment for any amounts that you have authorized to be paid through your use of the Photolinga Billing and Payment Services, you agree to pay such amount immediately upon demand by Photolinga.com. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Photolinga.com in collecting from you the authorized but unpaid amount. In such case, Photolinga.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Photolinga.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Photolinga Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Photolinga.com offers the Dispute Resolution Service to those Registered Users that have requested Photolinga.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) pursuant to a job posting by an Employer through the Website, (ii) pursuant to a bid for by a Freelancer through the Website for such job posting and (iii) pursuant to an acceptance through the Website by the Employer for such bid. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6
In any dispute between Registered Users relating to a Job that is eligible for Dispute Resolution Service, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and Photolinga.com will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to binding arbitration as further set forth below
In any dispute between an Employer and a Freelancer which cannot be resolved through negotiation, you expressly agree to and acknowledge that Photolinga.com or a third party chosen by Photolinga.com will arbitrate the dispute in accordance with these Terms of Service and the Website.
(a) You acknowledge and agree that Photolinga.com will construe any Job Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the itself and (iv) any information or communication that the Employer and the Freelancer agree should be considered. (b) Photolinga.com shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute. (c) You agree that the decision of Photolinga.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision. (d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have
You agree and acknowledge that (1) Photolinga.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by Photolinga.com using the e-mail address corresponding with your Account registered at the time a dispute arises
You agree and acknowledge that (1) Photolinga.com is not providing legal services to you, (2) Photolinga.com will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Photolinga.com for any such counsel. You agree to indemnify and hold harmless Photolinga.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request Photolinga.com to assume the Assumed Payment Liabilities.
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Photolinga.com IP Policy. It is your responsibility to review the Photolinga.com IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.
You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through Photolinga.com’s feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
You hereby assign to Photolinga.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Photolinga.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system
Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and courier it to the registered address of the company.
All Registered Users represent, warrant, and agree:
not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
to be fully responsible and liable for any action of any user who uses your Account.
not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
not to allow any third party who is not authorized to do so to use your Account at any time.
not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
not to intercept or expropriate any system, data or personal information from the Website.
not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation Photolinga.com or any Register User.
that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America.
that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
THE SERVICES PROVIDED BY PHOTOLINGA.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you have a dispute with another Registered User, you release Photolinga.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, hold harmless and indemnify Photolinga.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by Photolinga.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Photolinga.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Photolinga Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise
The Website may contain links to third-party web sites not under the control or operation of Photolinga.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Photolinga.com’s part to store, backup, retain, or grant access to any information or data for any period.
You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
Photolinga.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Photolinga.com. No delay or omission by Photolinga.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Photolinga.com, and any attempt to do so will be null and void. Photolinga.com may assign these Terms of Service in its sole discretion.
Please feel free to contact Photolinga.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at firstname.lastname@example.org.
Except for the payment of fees to Photolinga.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to Registered User:
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and Photolinga.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms of Service for any reason.
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