THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
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Zenfolio.com is operated by ZENFOLIO, INC., located at 1144 W MCKINLEY AVENUE, SUNNYVALE, CALIFORNIA 94086. Zenfolio Inc., Zenfolio.com and all of its affiliates and suppliers will from here on be referred to as “Zenfolio”. Zenfolio provides online services for photographers, artists, and their visitors, which will from here on be referred to as “Services”. “You” and “Your” will from here on refer to any visitors or users of the Zenfolio website or Services. The term “Conditions” will from here on refer to the terms and conditions of this agreement. The term “Registered Visitor” will from here on refer to any and all users of Zenfolio who have chosen to register their user information with Zenfolio. The term “Photographer” refers to subscribers who intend or are actively selling photographs or products via Zenfolio. The term “Purchaser” refers to any visitor of Zenfolio purchasing photographs or products via Zenfolio. All pages within this website and any material made available for download will from here on be referred to as the “Website”. The term “Billing Period” will from here on refer to time period identified in your subscription plan as billing period.
Zenfolio is an online subscription service where avid photographers can exhibit, organize, print and sell their photographs. It is a flexible commerce-enabled showcase of searchable digital images taken by aspiring photographers and presented for viewing and acquisition by visitors. By using this Website You agree to abide by all the terms and Conditions of this agreement.
Zenfolio reserves the right to modify or add additional Conditions to this agreement, including but not limited to changes in billing terms, privacy policy, new functionality and access restrictions. Reasonable prior notice will be provided for changes to billing terms, termination of Services, mergers, and acquisitions. All communication with users and all notices will be sent electronically. It is Your responsibility to maintain a valid email account and to update Zenfolio with your current email information. It is Your responsibility to regularly check the email account provided to Zenfolio or this Website in order to be aware of any communications or notices. You hereby specifically agree that a notice sent to Your email account or posted on this Website constitutes sufficient notice. Zenfolio may change the Services it offers or Condition of use at any time. Zenfolio will renew your subscription automatically at the end of each billing period. All materials transmitted to Zenfolio will be stored in the United States.
Zenfolio offers different levels of services depending on Your subscription plan. It is Your responsibility to be informed of the Conditions and the various levels of services provided by Zenfolio. You are responsible for any and all activity that occurs under Your screen name or Your account. For detailed description and comparison of different levels of services available please refer to the following section.
It is Your responsibility to familiarize yourself with our Privacy Policy.
Subject to the Conditions set forth in this agreement, Zenfolio agrees to host and publish Photographer's content. Photographers will have the ability to present and sell photos to Purchasers via Zenfolio and create price lists of photo products. Zenfolio will offer Services such as order fulfillment, shipping and handling, and other services that may be amended periodically. Zenfolio will set base prices for Services at the sole discretion of Zenfolio. Photographers can set the markup which the Purchasers pay on top of the base prices charged for Services. Zenfolio will charge Photographers fees for orders placed by Purchasers according to the terms of the Photographer’s subscription plan.
Depending on the Photographer’s preferences, Purchaser may have the option of placing orders to be fulfilled by the Photographer independently, using Photographer selected print labs and shipping methods. Alternatively, when made available, Purchasers may place orders to be fulfilled by Zenfolio and it’s affiliates and suppliers. Zenfolio shall be responsible for processing orders placed for fulfillment by Zenfolio. Photographers shall be solely responsible for processing orders placed for fulfillment by Photographers. It is the Photographer’s responsibility to fulfill Purchaser’s orders placed for fulfillment by Photographer within a reasonable time of the placement of the order. Photographers shall be responsible for reviewing, approving, and taking all other necessary steps to process the orders placed for fulfillment by Zenfolio within a reasonable time of the placement of the order. Once the Photographer has approved the order and taken all other steps necessary to process the order, Zenfolio shall be responsible for processing and shipping the orders placed for fulfillment by Zenfolio directly to Purchasers, in accordance with the terms of the order. Zenfolio shall notify the Photographer electronically of all orders placed within 24 hours. Zenfolio shall notify the Photographer of any refunds or fee disputes by any Purchaser. Purchasers pay Zenfolio in advance for orders placed for fulfillment by Zenfolio. Purchasers pay Photographers directly for orders placed for fulfillment by Photographers. Photographers shall be solely responsible for all aspects of the orders placed for fulfillment by Photographer.
Zenfolio will charge Photographer accounts periodically to collect amounts owed for Zenfolio Services. In the event that Photographer’s account becomes delinquent and Zenfolio is not able to collect amounts owed, Zenfolio reserves the right to discontinue placement of orders from the Photographer’s account until the account is brought current. Zenfolio reserves the right to terminate delinquent accounts at Zenfolio’s discretion. Nothing in the Conditions shall limit Zenfolio’s right to pursue all remedies allowed by law to collect on delinquent accounts.
You must be over 13 years of age in order to open an account with Zenfolio.
All pages within this Website and any material made available for download are the property of Zenfolio and/or its subscribers. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Zenfolio. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these terms and Conditions or any applicable end user license agreements are reserved by Zenfolio.
Zenfolio may terminate Your subscription or your access to and use of its Services, with or without cause at any time at the sole discretion of Zenfolio, for any reason. If You violate the Conditions listed in this agreement Your subscription or your access to and use of Zenfolio Services may be terminated without notice. Violation of the Conditions listed in this agreement may prompt Zenfolio to take any necessary action that Zenfolio deems appropriate to enforce its right including but not limited to the institution of legal proceedings.
Zenfolio agrees to terminate Your account within 30 days of receiving a notice from You. Zenfolio will not refund the remainder of the fee for the current Billing Period.
THIS Website, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Website. Zenfolio DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS Website ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS Website, ITS SERVERS, OR E-MAIL SENT FROM Zenfolio ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You ASSUME ALL RESPONSIBILITY AND RISK FOR Your USE OF THIS Website, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
Zenfolio, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE Website, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Website, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Zenfolio CAN NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS, CORRUPTION OF DATA SUBMITTED, OR THE COPYING OF PHOTOS BY ITS USERS OR UNAUTHORIZED USERS. IN ANY EVENT THE LIABILITY OF Zenfolio, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, VENDORS AND SUPPLIERS IS LIMITED TO THE LIFETIME AMOUNT PAID BY You FOR SUBSCRIPTION FEES ONLY EXCLUDING ANY PRODUCTS ORDERED THROUGH THIS Website OR ANY OTHER FEES. THE LIFETIME AMOUNT OF Your SUBSCRIPTION FEES PAID WILL BE DETERMINED AT THE SOLE DISCRETION OF Zenfolio.
Although Zenfolio attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Zenfolio so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.
BY SUBSCRIBING TO THE Services You AGREE TO DOWNLOAD AND INSTALL A SOFTWARE COMPONENT ON THE MACHINE THAT You WILL BE USING FOR ACCESS TO Services. You ARE AWARE THAT THIS SOFTWARE WILL BE USED FOR UPLOADING FILES. THIS SOFTWARE IS PROPRIETARY TO Zenfolio AND IS PROTECTED TO THE FULL EXTENT OF THE LAW. You AGREE TO USE THIS SOFTWARE SOLELY FOR THE PURPOSES PROVIDED IN THIS AGREEMENT. Zenfolio IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THIS SOFTWARE.
All content included on this Website including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Zenfolio or its software suppliers. All content uploaded by Zenfolio subscribers, including but not limited to photographs, videos, and text, remain the sole property of the uploading subscriber. All Zenfolio content and software is protected by United States and international copyright and intellectual property laws.
Zenfolio selection, coordination and arrangement of all content on this Website is the exclusive property of Zenfolio, and is protected as a compilation to the full extent of U.S. and international copyright laws. All software used on this Website or in conjunction with the Services is the property of Zenfolio or its software suppliers and is protected to the full extent by United States and international copyright laws.
If You believe that Your intellectual property rights have been violated please provide us with the following information:
Zenfolio may under some circumstance and in its sole discretion, censor the content in question or terminate the account of a repeat offender.
Please send this information to Zenfolio by using Contact Us form.
Zenfolio.com, Zenfolio Inc., and Follow the Light™ are the logos, trademarks, and service marks of Zenfolio. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
By transmitting images or any other media to Zenfolio, You grant Zenfolio a nonexclusive, royalty-free right to publish, display, and distribute the images or other media as deemed appropriate by Zenfolio for the sole purpose of providing You with the service. You understand and agree that Zenfolio may keep backup copies of any images, information, or media transmitted by You.
You represent and warrant that You own or otherwise control all of the rights to any images, information, or media that You transmit to Zenfolio; that use of the such images, information, or media You supply does not violate this agreement and will not cause injury to any person or entity; and that You will indemnify Zenfolio for all claims resulting from the images, information, or media You supply.
Zenfolio has the right but not the obligation to monitor and edit or remove any activity or images, information, or media. You understand and agree that Zenfolio takes no responsibility and assumes no liability for any images, information, or media posted by You or any third party.
All content uploaded by Zenfolio subscribers, including but not limited to photographs, videos, and text, remain the sole property of the uploading subscriber.
Purchasers can purchase the content displayed on Zenfolio in the form of photographic prints, or other photographic products. Purchasers acknowledge that all products purchased are purchased for personal use only and are custom made to Purchaser’s order and have no market beyond Purchaser’s purchase thereof. Purchasers may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the products, or any portion thereof, for commercial use, in any manner, without the prior written consent of Photographer.
You are responsible for obtaining permission and proper release documentation from any person whose image is posted by You on Zenfolio. Zenfolio reserves the right to censor and delete any images deemed by Zenfolio, in its sole judgment, to be obtained without a proper release.
Zenfolio makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this Website or sold by Photographers. Zenfolio can not ensure that all persons depicted in the photographs have consented to the display of their image on this Website. If your photograph appears on this Website without your consent and you wish to have it removed, please contact Zenfolio and provide the URL to the photograph in question. Please state the reason why you would like it removed and Zenfolio will make a reasonable effort to resolve the issue with the Photographer.
Please send this information to Zenfolio by using Contact Us form.
All items purchased through Zenfolio and shipped to Purchaser by Photographer or by Zenfolio are subject to a shipment contract under which the risk of loss and title for such items pass to Purchaser upon Zenfolio’s or Photographer’s delivery to a shipping carrier.
You specifically agree to indemnify and hold harmless Zenfolio, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from Your breach of the Conditions and terms of use or violation of any representations or warranties contained in this agreement. You further agree to indemnify and hold Zenfolio harmless from any claims arising out of or relating to any materials that You submit or post on this Website. You specifically agree to indemnify and hold Zenfolio harmless from any claims arising out of Your misuse of information provided to You by other subscribers or visitors. The indemnity provisions contained in this section include but are not limited to reasonable attorney’s fees and court costs.
All pornographic material of any kind are prohibited from being displayed on this Web site. Images that contain nudity are allowed only if they exhibit artistic or other social value and are not pornographic as defined by the laws of California and the United States. Zenfolio reserves the right to prohibit the display of any image whether pornographic or not if Zenfolio makes a sole judgment that the image is not suitable for display on this Website for any reason, including but not limited to maintaining a family friendly atmosphere of the Website.
Furthermore, You are prohibited from transmitting or posting to Zenfolio or the Website any material that may in any matter violate any law, regulation, or treaty, or infringes on the rights of any third party. You may not transmit or post any material that may be defamatory, fraudulent, or obscene, or that may harass or abuse others. You may not transmit or post any materials that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms. You may not access any account that does not belong to You without the authorization of the owner of the account. You may not misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors. You may not interfere with other subscribers’ or visitors’ use and enjoyment of the Services or the Website. You may not modify, adopt, or hack Zenfolio or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with Zenfolio. You may not spam other Zenfolio users. You are prohibited from posting any false information on Zenfolio, including but not limited to any false or misleading advertising or coupons.
Zenfolio reserves the right to cancel the subscription or prohibit access of any user for any reason.
Zenfolio grants you a limited, revocable, non-exclusive right to create hyperlinks to this Website. You agree not to portray Zenfolio or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of Zenfolio.
Zenfolio makes no representations whatsoever about any other site that You may access though this Website. When You access a non-Zenfolio Website, please understand that it is independent from Zenfolio, and that Zenfolio has no control over the content on that site. In addition, a hyperlink to a non-Zenfolio site does not mean that Zenfolio endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship between Zenfolio and Photographer. Photographers are not entitled to any of the benefits which Zenfolio may make available to its employees. Photographers are not authorized to make any representation, contract or commitment on behalf of Zenfolio without prior written authorization to do so by an officer of Zenfolio. Photographer shall be solely responsible for, and will file, as required by law, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Conditions of this agreement. Photographer shall be solely liable for any failure to pay applicable taxes. Zenfolio will not withhold any part of Photographers’ compensation for the payment of any social security, federal, state or any other employee payroll taxes. Zenfolio will report amounts paid to Photographers by filing appropriate forms with the Internal Revenue Service as required by law.
Those users of Zenfolio who reside or do business outside of the United States of America specifically agree to comply with all the local laws, rules, and regulations regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.
These terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and Conditions shall otherwise remain in full force and effect.
All disputes relating to or arising out of the use of the Website or any of the Services provided or any products purchased through this Website shall be submitted to neutral arbitration in California, approved by the American Arbitration Association, except that Zenfolio can seek any appropriate relief for the violation of these Conditions or any of Zenfolio rights under U.S. and international law in any state or federal court of competent jurisdiction. The arbitration award shall be binding and enforceable by entry of judgment in any state or federal court having jurisdiction over the matter.
In the event that Zenfolio is acquired or transferred through a merger or an acquisition, You understand and agree that Zenfolio may assign the rights and Conditions under this agreement. You understand and agree that Your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and opportunity to terminate Your relationship with Zenfolio prior to the transfer.
You may not subcontract, assign, or otherwise delegate Your obligations under the Conditions set forth in this agreement without Zenfolio’s prior written consent.
These terms and Conditions constitute the entire agreement between Zenfolio and You pertaining to the subject matter of this Agreement. In its sole discretion, Zenfolio may modify these terms and Conditions by posting the revised version on this Website. If any of the conditions in this agreement are found invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
As a condition of Your use of this Website, You warrant to Zenfolio that You will not use the Website for any purpose that is unlawful or prohibited by these terms and Conditions.