terms & conditions

Last Revised: (5, June, 2022)

Welcome to cFotos.net.  ( cFotos.net, “we”, “our” or “us”) together refer to cFotos.net, services, products with its subdomains, content, marks and services, app, APIs, plugins). “User” and “you" collectively refer to all Users, customers, venders, visitors, and any person uses or interacts with cFotos.net.

This page explains the Terms and Conditions by which you may use our online services. These terms do not alter the Terms or conditions of any other agreement you may have separately with cFotos.net or with a third party for products, site or otherwise.

1. Acknowledgement and Acceptance of Terms:

By accessing cFotos.net or using our services or products including embedding our code on your site, or your device, you expressly acknowledge and agree that you are entering a legal agreement with us and have fully understood and agreed to comply with, and be legally bound by all these Terms & Conditions.

These Terms and Conditions will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

You must not have previously disabled your account for violation of law or any of our policies.

If you don’t agree with anything we propose in these Terms and Conditions, please don’t (and you don’t have permission from us to) use any part of cFotos.net.

If you do not comply with these terms, we don’t take action right away, this doesn’t mean that we are giving up any rights that may have (such as taking action in future).

2.Third Party Policies

As a courtesy, or for business or technical purposes, cFotos.net may post links or APIs to other websites of related services and offerings, each of which has its own Terms and Conditions that can be viewed on their respective websites. cFotos.net claims no knowledge of, nor control over their policies or practices, and therefore, we are not responsible or liabile for their actions or inactions. We recommend and encourage you to review the Terms and Conditions of each third party before using their services or products.

You must always be cautious before sharing or receiving information, downloading contents, communicating with or meeting strangers, or transferring money. Your use to a third party's service or product is only on your own risk.

3. Your Use of cFotos.net on Behalf Third Parties

If you use cFotos.net for or on behalf of a third-party, you represent and warrant that you are authorized to accept these terms on behalf the third party also, you acknowledge that you inform, explain each of our terms and conditions, and that the third party understand them and fully agree to legally be bound by all these terms and conditions before you use our services or products on their behalf.

When you act for or on behalf of a third party, you agree to indemnify and hold harmless each of us from, and against, any and all liabilities, losses, damages, suits and claims (including court costs and the costs of defense), related to your, or the third party's failure to fulfill any of the obligations described in these terms and conditions. You are directly responsible for all submitted requests, including related fees, charges and performance obligations.

4. Privacy Policy

You acknowledge that you read, understand and agree to cFotos.net privacy statement, before any use to our services or products. Our privacy policy provides notice of data collection practices related to the services and usage of your data on cFotos.net including without limitation, web beacon, use of cookies, or other tracking methods in your browser, device, network, or from other parties.

5. Confidentiality

In case you obtain any type of confidential information connected or related to, or owned by cFotos.net. You agree that you will not disclose or use such confidential information in any manner, including non-public information, without prior written consent from cFotos.net. You consent that you will take reasonable steps to protect these confidential information from unauthorized access by a third party.

You agree that this section will stay enforced in the future and it will survive any expiration or termination of these Terms and Conditions by you or by cFotos.net.

6. Governing Law

The performance of these Terms and Conditions shall be governed by the internal laws of the State of California. You agree to the exclusive jurisdiction and venue of the courts located in Los Angeles, CA, for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

ARBITRATION NOTICE: ACCORDING THESE TERMS AND CONDITIONS,
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY, BINDING, INDIVIDUAL ARBITRATION RATHER JURY TRIAL. ALSO, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

7. Indemnification

You agree to defend, indemnify and hold harmless cFotos.net and its wholly owned subsidiaries, at your expense, from any and all third party claims, actions, proceedings, and suits brought against cFotos.net or any of its officers, agents, affiliates, partners, employees, service providers, licensors, consultants or independent contractors (collectively, the “cFotos.net Parties”), and all related damages, liabilities, penalties, settlements, expenses, fines or costs, including reasonable attorney’s fees and other litigation expenses incurred by cFotos.net or any of its officers, agents, affiliates, partners, employees, service providers, licensors, consultants or independent contractors, arising out of or relating to,

(a) your use of the service;
(b) your breach of any term or condition of this agreement;
(c) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of cFotos.net ;
(d) your violations of applicable laws, rules or regulations in connection with your use of cFotos.net ; (e) violations of your obligations of privacy to any third party;
(f) Any claims with respect to acts or omissions of any third party in connection with your use to our services;
(g) any warranties and representations made by you concerning any aspect of the service to any third party. cFotos.net will provide you with prior written consent of any claim, suit or action from which you must indemnify cFotos.net.

8. Limitation of liability

You agree that cFotos.nett is not liable for any delay or failure in the performance of specific obligations hereunder due to any situation beyond its reasonable control, including without limitation to, fires, shortages, strikes, flood, storm, earthquakes, explosions, power or internet outages, riots, insurrection, war, third party's action or inaction, acts of God and governmental action.

To the fullest extent permitted by applicable law, in no event, whether as a result of breach of contract, strict liability, or otherwise, shall cFotos.net and its directors, officers, employees or agents be liable to any third party for interest charges or cost of capital, or special, or indirect, capital, incidental, exemplary, consequential or punitive damages of any nature, including but not limited to loss of use of any equipment or software, systems, facilities, loss of profits or revenues, loss of data or information, claims of customers, lack or loss of productivity, under any theory of liability, including but not limited to contact or tort, and whether or not the party or any third party were or should have been advised or aware of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein. In no event shall the aggregate liability of cFotos.net exceed any compensation you pay, if any, to cFotos.net for access to or use of cFotos.net.

9. Termination of Usage

Use or access by you to cFotos.net, services or products, in part or total, may be terminated, blocked, decreased, restricted or suspended at any time, without prior notice and for any reason. Following the termination of this agreement, cFotos.net may limit user’s activity, indefinitely suspend, temporarily suspend, or refuse to provide services, at any time, unconditionally, and without the need to have or show a cause.

If you are no longer interested in cFotos.net and its products and services, you must immediately stop using cFotos.net.
You will not be entitled to any refund of already executed and used products or services.

10. Changes to this Statement:

From time to time, cFotos.net may, at its discretion, make updates or changes to our Terms at Conditions. At such times, the "updated" date on this Terms and Conditions page will reflect the most recent version of our Terms and Conditions. We encourage you to periodically review our Terms and Conditions in order to keep informed about any changes and our continued Services or Products. Your use, and continued use, of cFotos.net and the service constitutes your agreement and consent to our most updated and latest Terms and Conditions.

11. Duties and obligations of Users

You must not violate any law, statue, ordinance or regulation relating to the use of cFotos.net. You undertake not to use cFotos.net for illegal purposes. You agree to fully comply and be bound by these terms of cFotos.net.

You shall not interfere with or disrupt cFotos.net. or networks connected to, or any activity conducted on or for cFotos.net in any manner including, but not limited to, the use of viruses or other similar computer programming. You shall not indulge in any activity or transaction, through the website, that could cause cFotos.net to violate any applicable law, statue, ordinance or regulation. You agree that you alone shall be fully responsible for protecting the privacy of the username and the password, and secure device, software from viruses or spammers. You shall ensure that the password is not misused by anyone. You shall not use spider, scraper, robot or other device or automated means to access cFotos.net or to monitor the activity, or copy or download pages, codes, data and other contents without having an explicit written permit in  these Terms and Conditions or in a separate written agreement. You shall not take any action that cFotos.net, in its sole discretion, believes imposes an unreasonably large load on cFotos.net, products or services, including without limitation, deep linking into the website.

Further, you must not directly or indirectly breach, interfere with or tamper with the proper working of cFotos.net, or use or develop or attempt any workaround for any security measure related to the cFotos.net.You are not allowed to place any content on any part of cFotos.net that breaches a third party’s rights; infringes or misappropriates a third party’s intellectual property or other proprietary rights; or contains or promotes objectionable activity. you shall not indulge in any prohibited activity or click on the ads served on cFotos.net. You shall not directly or indirectly encourage the visitors of cFotos.net to click on the ads protected by cFotos.net.

12. Unguaranteed compatibility between cFotos.net and another software or hardware:

You fully understand and agree that cFotos.net software and solutions are correlated and dependent on other hardware and software, such as computers, phones, operation systems, web browsers, programing languages, applications, extensions and APIs,

• Where any software or hardware is subject to continuous and unexpected updating and modification at an unknown time,
• Therefore, a new update or modification to another software or hardware could lead to incompatibly with cFotos.net, in a way that cFotos.net, or one of its products or services crashes or fails to operate some or all of its functions. You acknowledge and agree that cFotos.net can not provide you with a prior notice of such situations, and you agree that cFotos.net is free from any responsibility and liability for any damage that might occur as results of such incompatibility.

When you notice any incompatibility between cFotos.net and your website, browser, computer or phone, you shall first restart the browser or the device. If the issue is not resolved, then to disable cFotos.net products or services on your device or website, and notify the cFotos.net team.

You fully understands and agree that any already used and executed services or any other rendered cFotos.net service are non refundable.

13. Disclaimer

The services and the site materials on cFotos.net are provided “As-Is” basis and as available without warranties of any kind, either implied or express. To the extent permitted by applicable law, cFotos.net expressly disclaims all other warranties, express or implied, including, without limitation, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment or non-infringement as to the site, including the content, information and materials contained therein.

cFotos.net does not represent or warrant that cFotos.net therein is reliable, current, complete, accurate, up-to-date, error-free, functional, complete without omission,  fast, and without delay,

cFotos.net does not represent or warrant that cFotos.net servers are free of viruses or other harmful components.

cFotos.net shall not be liable if for any reason cFotos.net may be unavailable for routine upgrading, maintenance or other reasons at any time or for any period.

cFotos.net will not be responsible for any consequences to you or third party that may result from slow connections, technical problems of internet, overload of our or other services or traffic congestion, power shortage, software update, hardware damages.

cFotos.net does not represent, warrant, endorse or guarantee any content, product, or service that is advertised or featured on cFotos.net by a third party.

cFotos.net makes no warranty that (a) cFotos.net will continue, will be uninterrupted, available for you or in your location in the future, (b) cFotos.net will meet your preferences, expectations, needs or requirements; and (c) any errors or defects in the site, services or materials will be corrected or removed.

14. Search Accuracy:

We always aim at providing users with the most accurate and useful search results. However, we can not guarantee 100% that our search software and codes will understand search keywords or the stored contents in the same way understood by humans. There is always a possibility of finding and displaying unrelated or mismatching contents that you might not find useful or proper.

15. Changes in Statistics, Analytics and Usage Calculations:

Without a prior notice to you, and without requiring a consent from you, cFotos.net might change calculation parameters, fix technical bugs, use new codes or technologies, or remove or suspend fake or violating or spamming accounts. This might decreases or change all or part of your usage statistics such as (number of likes, views, followers, locations, comments, flags, downloads or sharing).

16. Backup of your Files:

cFotos.net uses paid private web hosting and servers to allow users to upload and store files and data on cFotos.net.
You agree that there's no liability to you or any requirement to pay you any cost or fee in case your files and data on cFotos.net, fully or partially were deleted, lost or got corrupted, regardless of the cause.

cFotos.net retains the full right to transfer or duplicate your data to new web hosting or server or terminate its data storage service without a prior notice to you nor a consent from you. Also, cFotos.net retains the full right to terminate the entire online storage service or reduce its size in a way that requires deleting all or part of your stored data on cFotos.net without a prior notice to you nor consent from you.

You are asked and advised that it's your fully responsibility to keep always at least one backup of your data and files on your device or another storage to avoid permanent data loss.

You understand that data loss risk could occur for various intentional or unintentional reasons, including technical errors, viruses, memory failure, changing business module or manual deletion.

17. Prohibited contents:

cFotos.net prohibits uploading or promoting:

• Dangerous content
• Harassing content
• Hateful or defamatory content
• Manipulated media
• Sexually explicit content
• Terrorist content
• Violence & gore
• Vulgar language & profanity

However, we don't have the ability to monitor or verify each single upload or link or comment provided by Users on cFotos.net.

Once we are aware of such violations, we immediately delete them. In case you found such a violating content, we ask you to report to us so we can investigate and take the proper action.

18. Protection of Children

cFotos.net is a general audience site of age 18 or older. We do not knowingly target or advertise to underage audience. If you are under 18, don't use cFotos.net, nor any of its services or products, and terminate your use and access to cFotos.net immediately. Also, remove any information or contents you submitted on cFotos.net.

If you chose to submit any material related to a minor or a child, you carry the full responsibility of your action. You must be the child's parent or legal guardian and you are complying with all laws that protect the child's all rights, health and safety.

If we learn that information and contents have been collected on cFotos.net from persons underage without verifiable legal parental consent, then we will take the appropriate steps to delete such information and contents. If you are a parent or guardian and discover that your underage child has provided personal information and contents, then you may alert us as set forth in the bottom of this page that we delete that child’s personal information and contents from our systems.

19. Independent Parties, Not Partners

In all matters relating to These Terms and Conditions, you remain an independent party. You are not authorized to delegate any of obligations or assign any of rights that belong solely to cFotos.net to any third party without providing prior written consent from cFotos.net in these Terms and Conditions. Any attempted from you to delegate or assign in violation of these Terms and Conditions will be void, null and of no effect. By using cFotos.net does not make you cFotos.net’s employee or legal representative of the other, or any position to create any obligation on behalf of cFotos.net.

The relationship between you and cFotos.net is not one of a legal partnership relationship, but is one of independent contractors.

20. General Copyright and Intellectual Property Rights

The content on the cFotos.net site, including without limitation, descriptions, articles, documents, text, brochures, site, extension, application, API, software, products, photos, graphics, videos, sounds, interactive features, data, designs, concepts, business modules and services (collectively, the “Contents”), and the service marks, trademarks and logos contained therein (collectively, “Marks”), are protected by applicable copyright or other intellectual property laws and treaties. It's prohibited to use any of these marks and content without an explicit written license from cFotos.net the owner of those used marks and contents.

cFotos.net or other users or third parties might grant you a limited, nontransferable, nonexclusive, nonsublicensable license to access and use their Contents and Marks.

cFotos.net includes multiple licenses. Each license comes with specific terms and conditions how specific content can be used.

Before you interact or use any content, you must read, understand, agree to, comply with the terms and conditions of its related license.

However, that no license cFotos.net include,

• Rent, sell, offer, lease, assign, distribute, republish, or otherwise transfer rights of contents' owner to a different party without written consent of contents' owner,
• Interfere with the security of, or otherwise abuse cFotos.net or any system resources, services or networks connected to or accessible through cFotos.net,
• Any use of specific content without a license or out of the scope of the given license to you,
• Any use of specific content other than for their intended purposes, as determined solely in cFotos.net's discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
• Use of any data mining, extraction methods, robots or similar data gathering,
• Manipulating or otherwise displaying cFotos.net or its Contents by using framing or similar navigational technology;
• Unless clearly stated herein, nothing in these terns shall be interpreted as granting any license to intellectual property and copyrights, whether by implication, estoppel or otherwise,
• You may not remove any watermarks or copyright notices contained on cFotos.net,
• Create any derivative work of the contents, codes, APIs, services, or products  without written consent from cFotos.net, cFotos.net may revoke license of future use of the content at any time.

21. Terms for the use of contents that provided by users and third parties, (stored and displayed on cFotos.net but not owned by cFotos.net),

cFotos.net allows users and third parties to upload, store, link, share or display data and contents on cFotos.net such as texts, images, icons, videos, audio. cFotos.net requires that users and third parties don't not provide or share or upload or promote harmful or unfunctional forbidden or illegal contents or data that prohibited by law or by these terms and conditions.

cFotos.net strictly requires that each user uploads and share only contents and data he or she owns or has formal consent and permit from the legal owners of such contents and data in order not to violate the intellectual property and privacy of others.

cFotos.net does not have the capacity to monitor or review contents or data provided by users and third party. Also, cFotos.net doesn't have the capacity to verify the true ownership of these contents and data.

cFotos.net requires that each user or third party to have a clear and specific license that includes Terms and Conditions about their data and contents (such as the cost, fees, number of uses, and how contents and data can be used and attribution of ownership, etc...).

If you chose downloading, using, sharing or obtaining any contents found on cFotos.net which provided by other users or third parties, you are required to check and verify these contents and data
to make sure they are functional, secure, and suitable for you, your system, your device and needs.

You are also required to read, understand, and agree to, comply with the independent terms and conditions related to the license of the specific content and data you selected.

If you believe that some contents or data insecure or unfunctional or unverifiable or violate any law or rights of another third party, we encourage you not to use, and to report to us.

You agree that cFotos.net is fully free from any responsibility and liability for any damages resulted from your use to contents.

22. Making Claims, including Infringement:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us using the contact details in the bottom of this page, with a written communication, including substantially the following information:

a. Your full name,

b. Your contact information, including phone number, physical and email address,

c. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

d. description of the copyrighted work or other intellectual property that you claim has been infringed;

e. Details of where the material that you claim is infringing is located on cFotos.net

f. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

g. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

23. Funding cFotos.net

• We do NOT sell your personal data,
• We show ads on cFotos.net that businesses and organizations pay us to promote on and off cFotos.net without telling who you are. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you,
• We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off cFotos.net,
• We charge fees and subscription for specific Services or Products we own,
• We charge fees from specific sales and purchases via cFotos.net of products or services, owned by third parties,

24. Uploading and Submitting Contents and data on cFotos.net

Before you upload or submit any content or data, you understand and agree on all terms mentioned in this section:

• You must not submit or upload contents or data that violate any laws or any part of these Terms and Conditions, including laws that prohibite defamation, and protect children, privacy, public safety, internet security, and intellectual property and copyrights,
• You must only upload and submit contents and data that fully secure, functional, usable without being malicious or harmful to other devices or software,
• You must only upload or submit contents and data on cFotos.net that you fully own or you have verified consent from all actual owners of the uploaded contents and data including logos, trademarks, and picture of people,
• You acknowledge that some file properties or such as meta data and camera settings data, network information, could include private information about you that you don't want to share. You are alone responsible to remove data you don't want to share before uploading to cFotos.net.
• We do not and we will not claim that we own your contents and data,
• You grant us full right to use, place your contents and data on any part of cFotos.net, display them to third parties and to the public without any responsibility or liability on us to you for how third parties interact, download, store, share, edit, modify or use or not use your contents and data,
• Your uploaded contents and data must be always compatible with our most recent design, technical and business requirements (including but not limited to: number of characters or words, duration, design theme, color theme, file size, file format, height, width, colors, fonts, resolution, quantity, maximum or minimum price, and required fields in our forms.). You alone have the responsibility to modify or edit your contents and data to make them compatible with our requirements at no cost on cFotos.net,
• cFotos.net has the full right to delete or suspend your contents and data, or reduce or eliminate the storage size given to you on cFotos.net at anytime without a prior notice to you or consent from you. You are encouraged always to keep at least one backup copy on your device or other personal storage to avoid the risk of permanent data loss,
• cFotos.net has the full right to approve, disapprove, store, hide or suspend hosting any content or data you upload or submit on cFotos.net, without a prior notice,
• You hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide license to host, use, distribute, advertise, promote, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems.
• You grant us the full right to modify, edit or make changes to your submitted contents and data. Also to add or edit descriptions, promotions, and keywords about them. This is in order to make them suitable and compatible with our technologies, design business module and audience. For example, changing image or video resolution, color theme, design theme, maximum or minimum price, file size, file format, height, width, length of characters, fonts, colors, keywords, titles, descriptions that not necessarily accurate to what you see on your device or what you personally prefer,
• We might display your contents and data randomly on any part of cFotos.net with other contents that does not belong to you, including ads of products and services that belong to us or to a third party,
• We have the right to deduct transaction fees on payment you receive from others on cFotos.net,
• You are obligated to pay any taxes resulted from your sales or revenues,
• In case you request deleting your submitted contents and data from cFotos.net, you will give us a reasonable time to process your request. However, you acknowledge that in some situations, we can not complete your request, such as when there are technical limitations or when there is a court order or there is an internal or government investigation that requires keeping such contents and data.
• You acknowledge that we cannot control or remove your contents or data from third party's devices, systems, websites, software, printed materials.
• If you choose transferring or granting rights of your contents and to a third party, you must select the proper license, with clear and specific terms and conditions how the third party can use your contents or data. You and the third party alone responsible how to fulfill the agreement between you both,
• You alone liable and responsible for any damages or violation caused by you or by your contents and data to third parties on cFotos.net,
• You acknowledge that we cannot monitor or control how other people use, misuse, overuse or not use your uploaded contents and data. You submit your contents and data without any liability or responsibility on cFotos.net,
• We do our best to provide accurate information on cFotos.net, however against all our efforts there can be some typographical and technical errors on it. We cannot be held liable for any losses or damages resulting from the inaccurary of any information on cFotos.net,
• In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we has adopted a policy of terminating, and at our sole discretion, accounts that infringe copyright ot intellectual property rights.

25. Contacting Us

If you have any questions regarding our general practices, these Terms and Conditions, and its implementation, or failure to adhere it, please contact us [email protected]