All services provided by Local Photography Spots (“Local Photography Spots”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any law of the United States is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Local Photography Spots from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Local Photography Spots’ servers, or any other server on the Internet. Links to such materials are also prohibited.
NOTICE: IF YOUR ACCOUNT OR ANY CONTRIBUTIONS YOU MAKE ON http://localphotographyspots.com IS FOUND TO LINK TO ANY INAPPROPRIATE OR ILLEGAL CONTENT, SUCH AS MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE.
Copyright and Intellectual Property
Local Photography Spots and all of its content including, but not limited to, articles, other text, product and services names and descriptions, photographs, logos (referred to as “the Intellectual Property”) are protected by copyright, trademark, and other laws. The Intellectual Property is owned by the Local Photography Spots or the party credited as owner of the Intellectual Property.
All photographs and their titles/metadata on Local Photography Spots are copyrighted and owned by their respective owners (the photographers) and not by Local Photography Spots. As such Local Photography Spots does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Local Photography Spots is an alternative Flickr and Panoramio viewer, and like many other websites it simply displays photos using their respective APIs. Photos that appear on Local Photography Spots are not hosted by Local Photography Spots – we’re a viewer on to Flickr and Panoramio. As such, Local Photography Spots fully complies with the terms of service of both the Flickr and Panoramio API, and does not violate the copyright of any photograph.
If you are concerned about your Flickr photos appearing on Local Photography Spots, you can opt-out on Flickr or you can mark your photos as private on Flickr.
Once you opt out on Flickr, your photos should no longer be viewable through Local Photography Spots. Please allow up to 24 hours for this change to take place.
Please refer to Panoramio’s copyright statement for more details on their policy and opt-out procedures.
Contribution of Content
Users may add content such but not limited to pictures, photos, video, graphics, text, data, information, messages (referred to as ‘User Content’). By providing or publishing User Content via Local Photography Spots’s services you are granting Local Photography Spots a limited license to use this content on or via Local Photography Spots’s services, to modify it, to present and/or display it to the public at large, to reproduce, data-mine it, and to disseminate it. Local Photography Spots claims ownership of the GPS coordinates and title of any ‘hotspot’ you add or discover using our services.
When adding a hotspot on Local Photography Spots, users can link to photographs. When linking to photographs, the photograph being added MUST have the appropriate licence to be legally displayed on Local Photography Spots, such as the Creative Commons Attribution License. If you are not the photographer of the photo being linked to, you must have permission from the photographer to link to it. By adding a link to a photo, you are stating that you have checked that the photograph has the appropriate licence and you have permission to use the photo.
You are responsible for any User Content you post. Local Photography Spots does not select, endorse, or otherwise sanction any User Content posted by you or other users. Local Photography Spots is not responsible or liable for User Content or for any loss or damage incurred as a result of the use of such User Content. In addition, Local Photography Spots is not liable for any mistakes, inaccuracies, slander, libel, obscenity you may encounter. Your use of any User Content is at your own risk. Local Photography Spots has no obligation to review, screen, edit or monitor any of the User Content posted on Local Photography Spots. Local Photography Spots has no obligation to validate or verify the accuracy or safety of any hotspots created on Local Photography Spots. Local Photography Spots reserves the right, in its sole discretion to remove, screen, edit, remove, disable access to or refuse any User Content posted on Local Photography Spots for any reason or for no reason or notice.
No publication, modification, marketing or reproduction of any copyright protected content, trademarks or other protected information is permitted without obtaining the written consent of the holders of said copyright. Local Photography Spots can terminate the membership of any members who violates this.
Local Photography Spots is available for your personal, non-commercial use only. You agree that you have the full rights of any third party, including, but not limited to, copyright, trademark, or intellectual property or rights of privacy or publicity, and will not violate the right and authority to post the User Content you post to Local Photography Spots and that such User Content is accurate and up to date. User Content you post must not infringe or violate the Terms of Service. Your use of Local Photography Spots is limited to uses that will not damage, impair, or overburden Local Photography Spots.
You also acknowledge and agree not to post User Content that:
- promotes bigotry, racism, or hatred towards groups or individuals, or that Local Photography Spots deems inappropriate;
- is unlawful, libelous, threatening, harassing, defamatory, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable
- contains personal identifying information or private information of a third party
- displays pornographic, obscene or sexually explicit material of any kind;
- contains any form of solicitation, including, but not limited to spam;
- contains viruses or any malicious computer code;
- solicits personal identifying information or passwords for unlawful or commercial purposes from other users or members;
- is intended to deceive users or members into dangerous or unlawful activity
- contains or displays trademark or copyright materials, or other proprietary materials owned by others.
The information you post to Local Photography Spots is displayed to the public in general. Users must exercise care and due diligence in disclosing any personal information.
A Hotspots physical location, which includes but its not limited to commercial properties, areas of natural beauty, national forests, buildings, houses or any register dwelling (known as the ‘Hotspot Location’) might not be updated, maintained or endorsed by the owner of the Hotspot Location. If adding a hotspot relating to or near to a particular Hotspot Location users should ensure any required permission is sought from the owner of the Hotspot Location prior to the hotspot being added to Local Photography Spots.
Some Hotspot Locations may be dangerous, private property, or have restricted access, and there may be inaccessible under the Law. These Hotspots are presented as ‘information only’, and should not be visited without express permission from the relevant authorities. Local Photography Spots accepts no responsibility for what happens when someone visits a Hotspot Location found using Local Photography Spots.com
When adding a hotspot using the Add page (Local Photography Spots.com/member/add-hotspot), it has to be a genuine location for photography. If we deem the hotspot is for advertising a company, or anything else, we will reject it.
We reserve the right to reject any hotspots that users have created, without advance notice for any reason without restitution, as Local Photography Spots sees fit. We also reserve the right to remove any Hotspot, without advance notice for any reason without restitution, as we see fit.
Any attempt to undermine or cause harm to a server or customer of Local Photography Spots is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Local Photography Spots must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Limitation of Liability
In no event shall Local Photography Spots or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Local Photography Spots’s Internet site, even if Local Photography Spots or a Local Photography Spots authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Local Photography Spots shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Local Photography Spots ‘ servers going off-line or being unavailable for any reason whatsoever. Similarly, Local Photography Spots shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from users of the website (members or non-members) physically visiting any locations based on information provided by Local Photography Spots. Local Photography Spots provides information on photographic locations around the world. Should you choose to visit any of these locations, you do so at entirely your own risk. Furthermore, Local Photography Spots shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any information or hotspots from one of Local Photography Spots ‘ servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Local Photography Spots cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Local Photography Spots are resold. Thus, certain equipment, routing, software and programming used by Local Photography Spots are not directly owned or written by Local Photography Spots. Moreover, Local Photography Spots holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Local Photography Spots sees fit.
By activating your account with Local Photography Spots, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
Server Uptime Guarantee
Although Local Photography Spots has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Local Photography Spots reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.