Terms of Service
The following is a legal agreement between you ("you" or "User/s") and the owners and operators ("we", "us", or "Capturepot") of the site at capturepot.com (the "Website") and all related website services that we provide (together, the "Service"). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Capturepot to be bound by the terms and conditions in these Terms of Service ("Terms").
"Content" shall refer collectively to all Images uploaded to Capturepot and made available under the Capturepot License. "Image/s" includes photographs.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
Requirements and Registration
Use of the Service
In connection with your use of the Service you must not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of Capturepot and our licensors, affiliates and partners and you are granted no license in respect of that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by Capturepot. Large scale or systematic copying of Content, including using any of the methods referred to above, is prohibited except as expressly authorized by Capturepot.
This applies to all Content, including Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.
By uploading Content to the Website, you grant Capturepot and its users an irrevocable, worldwide, non-exclusive and royalty-free licence to use, download, copy, modify or adapt, the Content (in whole or in part) for any purpose, both commercial and non-commercial.
You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal and commercial use of third parties subject to these Terms without providing you attribution or compensation.
You are solely responsible for the Content you upload. You warrant that:
- •you own all proprietary rights in the Content you upload to the Website and that the Content does not infringe the copyright, property right, trademark or other applicable rights of any third parties;
- •you have obtained a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
You accept that even though we do our best to prevent it from happening, Capturepot cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any Content you upload.
We also reserve the right to remove any Content at any time and for any reason, including if we believe it's defective, of poor quality, or in violation of these Terms. Capturepot has adopted a policy of terminating, inappropriate circumstances, users who are deemed to be repeat infringers.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.
Indemnification for breach of Terms
You agree to indemnify and hold harmless Capturepot from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Capturepot from and against any and all claims brought by third parties arising out of your use of the Website.
Warranty and liability
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAPTUREPOT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. CAPTUREPOT SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.