Version 1.0 (Last updated August 6, 2021)
The following Terms describe your rights and obligations when using Fotografiska’s Site. By accessing the Site, you agree to be legally bound to all the following Terms, regardless of whether or not you are a registered or paid user. Before accessing our Site, please read through the entirety of the Terms. If you do not wish to adhere to these Terms, please do not use the Site. The right to access and use the Site is not transferable to any person or entity.
These Terms are subject to change at any time without advance notice. We will post the most updated Terms on our website with the date at which it was updated. All new Terms are effective as of the date of publishing. By continuing to use our Site after a change in the Terms, you agree to be bound by the new Terms. Please visit this page regularly to ensure that you are aware of any and all changes made to the Terms.
Online Privacy Statement
Copyright – Use of Content
Access to and use of text, artwork, photographs, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on this Site (collectively, the “Materials”) are protected by copyright, trademark and other laws and may be covered by other restrictions as well. Fotografiska and applicable third parties own or have acquired all rights to the Materials, and the materials contained within the Site.
Fotografiska expressly prohibits the copying and distribution of any protected materials on the Site, except for the purposes of fair use as defined in the United States copyright laws. Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting, so long as you do not use more than you need for the permitted purpose and you do not interfere with an established market for licensing the material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for such uses are welcome to do so without the express permission of Fotografiska. Users must cite the author and source of this material as they would for material from any printed work; the citation should include the URL https://www.fotografiska.com/nyc/home/, but not in any way that implies endorsement of the user or the user’s use of the Materials. A fair use analysis depends on individual facts. By downloading, printing, or otherwise using content from the Site, users agree that they will limit their use of the protected Materials to fair use, will not violate the proprietary rights of Fotografiska or any other party, and will be solely responsible for any violation.
Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by Fotografiska. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.
Fotografiska and third parties own many of the trademarks, service marks, and logos, whether registered or unregistered, (collectively, the “Trademarks”) displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of Fotografiska or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is strictly prohibited. You agree not to use Fotografiska’s name or any of the Trademarks in any manner, including any advertising or promotional materials, that is likely to cause confusion about whether we are the source, sponsor, endorser or affiliated with any product or service. You also agree not to use Fotografiska’s name or any Trademarks to falsely suggest any relationship between you and us. In addition, you may not use our Trademarks in any manner that disparages or discredits us or infringes or violates any of our rights.
Digital Millennium Copyright Act
Fotografiska is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact Fotografiska immediately to report any concerns of infringement by providing notice to Fotografiska’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Please contact us at email@example.com and include the following in your correspondence:
The copyrighted work or works you believe have been infringed upon
The content you claim to be infringing upon your own work
Contact information including email address and phone number
A full statement explaining that the material has been used without authorization by either the copyright owner or an authorized agent of the copyright owner
A full statement certifying that all information submitted is accurate and complete and that you, as the person submitting a complaint, are authorized to act on behalf of the copyright regarding DMCA claims
Store Product Representation
Every attempt is made to provide accurate information about Fotografiska Shop products on the Site. Fotografiska does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction.
Fotografiska makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user’s particular monitor; Fotografiska cannot guarantee that the colors displayed on an individual’s monitor will be correct.
Purchasing on the Site
Fotografiska has the right to refuse, limit, or cancel any orders placed on the Site. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Site.
Links to Other Websites
The Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. Fotografiska has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk. A link does not imply endorsement or affiliation with the linked site by Fotografiska.
From time to time, Fotografiska may invite you to send messages, comment publicly, leave feedback and reviews, and post other content on the Site. You remain the sole owner of all intellectual property rights in what you post. You are responsible for all content you share through our Site.
User Code of Conduct
You agree to follow the codes of conduct enumerated in these Terms on the Site. Fotografiska may decide in its sole discretion whether your content violates these rules of conduct. You are responsible for all content that you post to our Site and represent that you have permission from all copyright or trademark owners to post any copyrighted or trademarked material. You may not post content that is intentionally rude, degrading, defamatory, or otherwise offensive. You may not post identifying information of other users, access another user’s account without authorization. You may not share your account information with an unregistered or unauthorized user. You may not advertise or solicit business on our Site. You may not post any links containing viruses, trojan horses, worms, or other pieces of code designed and meant to harm others, operate on the device of another, or be used for malicious purposes. Fotografiska shall have the right, but not the obligation to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever.
Termination and Modification of Site
We reserve the right to terminate the Site and these Terms at any time without notice for any reason, including, in the case of the Terms, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of these Terms survive any such termination.
Disclaimers & Arbitration
YOU AGREE TO ARBITRATE ALL DISPUTES RELATED TO THE SITE, AT PRESENT AND IN THE FUTURE. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES WITH ANYONE (INCLUDING FOTOGRAFISKA AND ANY EMPLOYEE, OFFICER, DIRECTOR, SHAREHOLDER OR BENEFIT PLAN OF FOTOGRAFISKA IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SITE OR OTHER RELATIONSHIP WITH FOTOGRAFISKA, INCLUDING ANY BREACH OF THESE TERMS, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.
Limitation of Liability
YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL FOTOGRAFISKA OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using our Site, you agree to indemnify, defend, hold harmless, Fotografiska, its Affiliates, and the officers, directors, employees, licensors, service providers and agents of Fotografiska and its Affiliates, from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs resulting from or arising out of your connection to and use of our Site, your violation of these Terms, or your violation of any law or rights of a third party.
All claims related to these Terms shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under these Terms, you hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York.
General Terms Severability and Waiver
If a court or other body of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms will continue in full force and effect.
Waiver by Fotografiska of a breach of any provision of these Terms will not operate as a waiver of any other or subsequent breach.
You agree that these Terms constitute the entire agreement and understanding between you and Fotografiska with respect to your use of the Site.
Notice to California Users
Under California Civil Code Section 1789.3, California users of electronic Site are entitled to the following notice: you can contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210.