Terms & Conditions for Photo Upload Page

1. For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) FotoTaken will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

2. By uploading Your Content, you grant FotoTaken a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

3. You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

  • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
  • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
  • Exploits minors;
  • Depicts unlawful or violent acts;
  • Depicts animal cruelty or violence towards animals;
  • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  • Violates any law, statute, or regulation

4. Payments fees and charges for using this platform:

  • Before you can upload any photo/image that is going to be for sale you must have a Stripe account to receive payments.
  • A small commission of 20% to 25% will be deducted from the total sale value of your photo/image that will go to Fototaken.com as their commission.
  • The seller is responsible for all handling fees credit card fees or any taxes that are deemed on him by his local country or state.
  • From the date of sale the website will process your payment and you should receive your payment anywhere between 2 to 10 business days depending on your banking system.
  • If you list a photo for free download on Fototaken.com the Fototaken.com has the right to use that photo for any purpose such as advertising promotions or anywhere else it may want to use it to be able to benefit from its value.
  • Once you list a photo for free download your relinquishing all the rights to that photo and you will not be entitled to any monetary compensation that may occur from the use of this photo.

5. Termination of Your Account:

  • You breach any of these Terms, your permission to use the Service will terminate automatically.
  • Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by going to your dash board at Fototaken.com and delete from there.
  • We may update, modify, or even discontinue the Service at any time without notice to you.

6. Refunds and disputes between the seller and the buyer:

  • You breach any of these Terms, your permission to use the Service will terminate automatically.
  • Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by going to your dash board at Fototaken.com and delete from there.
  • We may update, modify, or even discontinue the Service at any time without notice to you.

7. Maintaining the databases of the Photo, images by the website:

  • Fototaken.com holds the right to refuse, delete, ban any photo without notice that it may seem to be offensive, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, and discriminatory, child abuse, animal abuse or any other image that the website seems to be unlawful or inappropriate to be on this platform.
  • Fototaken.com has the right to ban any user for any reason at any time if the user seems to think that he did not breach any of the terms and conditions he can always appeal this decision by writing to info@fototaken.com to dispute that decision.

8. Miscellaneous terms of use:

  • Fototaken.com has the right to change modify its terms of use and conditions without notice and by using the website you agree to the terms and conditions regardless if you read them or not.
  • Fototaken.com is not responsible for any financial loss that may occur due to any downtime on the website or for any other reason.
  • Fototaken.com Reserves the rights to change modify the appearance of the website at any time without any notice.
  • Any disputes between Fototaken.com and any other party must be settled by mediation and governing by the laws of the State of Queensland in Australia all fees and charges will be paid by the initiating party regardless if they're at fault or not or if they win or not.
  • Fototaken.com is not responsible for any copyright infringement that may occur from a user uploading any photo or image unlawfully.
  • If you have found that someone is actually breached a copyright law we strongly suggest that you contact that seller directly through his message board and ask them to remove the photo or write to us at info@fototaken.com to see if we can help track down the offender but in no way Fototaken.com liable for any wrongdoing of anyone that is using the platform.