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Fall 2010
We are going live with our photo contest website, an exciting new online community of photography and photographers! More about us
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Terms and Conditions

Please read these Terms and Conditions of Use ("TCU") carefully. By accessing or using this website, you agree to be bound by these terms of use.

1. Website usage agreement

Welcome to the PhotoRush.com - a unique online world of photography. By using this website or downloading, uploading or using any images listed under the PhotoRush.com domain you agree to be bound by this Agreement. This agreement applies to you and, if you are using this website on your clients behalf, to you and all your clients. We reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, imagery database or market trends. Your use of the website will be subject to the most current version posted on the website at the time of your use. Where PhotoRush.com has provided you with a translation of the English language version of the page or websites functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with PhotoRush.com. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence. You should frequently review these TCU and any other applicable policies or guidelines on the website.

If you do not or cannot agree to these TCU, the Privacy Policy or any other rules, guidelines and directions found throughout the website, you may not use the PhotoRush.com website. In its sole discretion, PhotoRush.com may modify or revise the Terms of Use, Privacy Policy or any other posted rules, guidelines and directions at any time without notice, and you agree to be bound by such modifications or revisions. Nothing in these TCU shall be deemed to confer any third-party rights or benefits.

2. Restrictions on use

  • The User certifies he/she is an individual of permissible minimum age starting from which he/she has the right to participate in the contests conducted on the PhotoRush.com website in his/her country of residence, and such contests are not restricted or prohibited in his/her country of residence. The User himself/herself is fully responsible for participation in the contest and disregarding of laws and regulations of his/her country, if such contests are restricted or prohibited in the country of residence of the User.
  • The User must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • One person or legal entity may not maintain more than one account.
  • The User must not use the PhotoRush.com website in any manner or for any purpose which is unlawful or in any manner which violates any right of PhotoRush.com or an associated entity or which is prohibited by the TCU.

3. Account

You do not have to register an account to use the PhotoRush.com website. However, in order to get to all of the functionality, you must register, even if you only wish to leave a comment and not upload photos.

3.1. Registration

To register, you must create a user account, which includes a user name, e-mail address and password. You should also accept current TCU. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use anothers PhotoRush.com account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PhotoRush.com immediately of any breach of security or unauthorized use of your account. Although PhotoRush.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PhotoRush.com or others due to such unauthorized use. PhotoRush.com reserves the right to refuse registration or cancel a PhotoRush.com user account in its sole discretion.

The User is obliged, upon the request from PhotoRush.com provide a copy of his/her personal identification document and/or a copy of a utility bill (for the identification of the address), or a copy of any other document requested. In case of incomplete or incorrect information provided by the User or failure to provide copies of documents requested by PhotoRush.com, the User agrees to the right of PhotoRush.com to refuse to disburse the value of the Rushes™ in the User’s account to the User. The User agrees that the person, who files in the username and the password, is clearly considered to be the User in question and the holder of the User’s account.

3.2. Web sites used currency – “Rush™”

While logged in to his/her account user can exchange real money to the PhotoRush.com website used currency – Rush™. User may replenish his/her account at any time, filling the appropriate tool form in his/her profile and performing the money transfer using one of the offered payment methods. No interest is due to the User for the value of Rushes™ stored in the User’s account; the value of Rushes™ is not insured.

3.3. Money refund

Rushes™ bought at PhotoRush.com should be used in the photo contest, and no money refund is offered for them, except for the cases mentioned in Clause 7.8.

3.4. Inactive account

If the User does not use his/her account for more than 90 days, his account is considered inactive. PhotoRush.com is entitled to decrease the value of Rushes™ by 100 Rushes™ per month for the maintenance of an inactive User’s account. If there are no Rushes™ in the User’s account, no maintenance costs are withdrawn. When the User resumes usage of his/her User’s account, the account is considered active again.

3.5. Multiple accounts

If the User has created several profiles, PhotoRush.com is entitled to delete all accounts of such User. Likewise, if the User has practiced dishonest politics or in some other way violated these terms and/or the rules of the photo contest, PhotoRush.com is entitled to delete the value of Rushes™ in the User’s account, without any compensation.

4. PhotoRush.com privacy policy

PhotoRush.com respects the privacy of the users. We collect your personal information because it enables us to give you convenient access to our services. We will not disclose, sell or rent your personal information to commercial third parties. We may log IP addresses to prevent abuse of our website. In special cases, PhotoRush.com may be required by law or litigation to disclose your personal information. We may also disclose your personal information if this information is deemed necessary to identify, contact, or bring legal action against someone who may be causing injury to, or interfering with property of PhotoRush.com, users, or anyone else who could be harmed by such activities.

4.1. Data protection

While using PhotoRush.com website, the person can be asked to provide personal information. The User agrees that his/her personal data provided to PhotoRush.com can be used for such aims as accounting, audit, internet security measures, system checks, marketing actions, etc. PhotoRush.com has the right to provide the data to the cooperation partners, data processing companies, credit card payment centers and other persons, and as a result thereof, User’s personal information can be sent beyond the borders of the European Union. The User is entitled at any point to delete or change his/her personal data. The User agrees to receive SMS text messages and e-mails from PhotoRush.com containing information with advertisements and special offers.

It is agreed that PhotoRush.com may change these terms and conditions at any time. When we change the policy in a notice will be posted on our website along with the updated privacy policy. If you do not agree with the privacy policy of PhotoRush.com, you should not create an account or continue to use your current account with PhotoRush.com. Your continued utilization of our service signifies your acceptance of the policy.

5. Account security

When logging in, the person chooses his/her username and password. The person is logged in with the chosen username only if the desired username is different from the usernames already logged in the system. The User is fully responsible for the non-disclosure of his/her password to any third party. If the User discloses his/her password to any third party, PhotoRush.com is not responsible for the possible problems and losses of the User. The User agrees that the person, who files in the username and the password, is clearly considered to be the User in question and the holder of the User’s account.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the website. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the website or its contents. You agree to immediately notify PhotoRush.com of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to PhotoRush.com.

6. Your conduct

You understand that all information, data, text, photographs, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PhotoRush.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the PhotoRush.com services. PhotoRush.com does not control the Content posted via the PhotoRush.com services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the PhotoRush.com services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PhotoRush.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the PhotoRush.com services.
  • Generally, you must use the PhotoRush.com service in a manner that demonstrates good taste and respect for the rights of PhotoRush.com and third parties.
  • You will not use the PhotoRush.com service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) contains explicitly sexual content, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages the use of drugs or the under-age use of alcohol or cigarettes or (ix) is generally offensive or in bad taste.
  • You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Products, (ii) interfere with the PhotoRush.com service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the PhotoRush.com service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the PhotoRush.com website, (v) collect electronic mail addresses or other information from third parties by using the PhotoRush.com service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third partys ability to use or enjoy the PhotoRush.com service or (ix) assist any third party in engaging in any activity prohibited by this Agreement.
  • You are solely and exclusively responsible for ensuring that all Content you provide through use of the PhotoRush.com service is in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules.
  • PhotoRush.com in its sole discretion, without notice, may remove any Content at any time posted by any User to the website regardless of the guidelines set forth in this Agreement. PhotoRush.com does not control the Content posted on the website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will PhotoRush.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the website.
  • Subject to the terms set forth in this Agreement, PhotoRush.com hereby grants you a limited, nontransferable, nonexclusive right to access the website and the services provided thereby. PhotoRush.com makes no covenant, representation or warranty that the Website will be operational at all times or that it will continue to offer the website or any or all of the elements of the website. You may not use the information of PhotoRush.com or any other Registered User in any manner that would enable a third party to obtain the benefits of the website and the information and services offered thereby without first becoming a Registered User and using the website to access such information and services. You agree that any information that you obtain through the website is confidential and proprietary information of PhotoRush.com and its other users. Except as expressly set forth herein, you may not reproduce or distribute any information available from the website, electronically or otherwise. You shall not store or aggregate such information in any manner.
You acknowledge that PhotoRush.com may or may not pre-screen Content, but that PhotoRush.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the PhotoRush.com website. Without limiting the foregoing, PhotoRush.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PhotoRush.com or submitted to PhotoRush.com, including without limitation information in PhotoRush.com Message Boards and in all other parts of the PhotoRush.com services.

6.1. Anti - spam policy

The users of PhotoRush.com may promote the website to friends or associates via e-mail or other means as long as they are familiar with those persons, have their permission to contact them or have a prior e-mail relationship with them. The users are responsible for any e-mail messages or any other form messages that they send. PhotoRush.com is not liable for any damages or violations that might occur as a result of the users’ actions. PhotoRush.com does not promote or advocate SPAM in any way.

6.2. Friend invitations

Individuals, who have logged in PhotoRush.com, hereinafter referred to as “Registered User”, may invite other individuals to log in to this website, hereinafter referred to as “Friends”. In order to invite the Friend, the Registered User has to fill in the corresponding tool form in PhotoRush.com, selecting stepwise and specifying the requested information in the form. The Registered User is the inviter of the Friend and is fully responsible for the invitation sent to the Friend. PhotoRush.com undertakes to send an invitation of the Registered User to the Friend at the e-mail indicated by the Registered User. PhotoRush.com offers free Rushes™ for joining friends according to the following terms:
  • The User receives free rushes for joining friends according to the information about free Rushes™, which is published in the “Invite friends” section.
  • The User receives free Rushes™ if the invited friend registers at the website by following the link, which was indicated in the invitation. The User receives free Rushes™ even if the invited friend follows the indicated link but registers after a while not immediately (this is possible only if the invited friend hasn’t deleted the cookie, which ensures this function).
  • The Registered User receives free Rushes™ if the invited friend at the registration uses the same e-mail to which the invitation was sent.
  • If the invited friend uses a promo code at the registration, the Registered User receives free Rushes™ when the invited friend has spent at least 100 Rushes™.
  • If the invited friend registers without a promo code, the User receives free Rushes™ when the invited friend has spent at least 50 Rushes™.
  • If a person receives multiple invitations and the person is identified with several Users, the free Rushes™ are received by the User, which has sent the invitation as the last one.
  • The Registered User receives free Rushes™ for the certain amount of new users who joined by the Registered User’s invited friend.
  • PhotoRush.com is not responsible for undelivered invitations if this happens due to reasons beyond control of PhotoRush.com, such as impossibility of delivery due to technical reasons, etc. In such cases, the invitation is sent as soon as this becomes practicable.
  • All disputes arising in relation to the application of these terms between the PhotoRush.com and a Registered User are resolved on the basis of mutual negotiations. Failing amicable settlement, the dispute will be resolved pursuant to the laws and regulations applicable in the Republic of Cyprus.
  • Any and all complaints, suggestions and proposals should be sent to the e-mail: support@photorush.com
  • PhotoRush.com is entitled to amend these terms. All changes take effect upon their publication in PhotoRush.com.

7. PhotoRush.com photo contest

The Photo Contest is skill-based, and the object is to submit a photograph for judging in several categories for the chance to win valuable prizes including cash money as described in the PhotoRush.com overall photo contest rules.

7.1. Photo submission

Photos must be submitted in digital form via the PhotoRush.com website; you can submit images taken with a digital camera or images taken with a film (based camera and scanned into a digital format). Mailed and emailed photos are not accepted. PhotoRush.com will not be held responsible for mailed slides, negatives, or prints. Photograph must not contain any other website logos, watermarks, links to websites and any other extras except Photographer (User) signature. Your photograph will be immediately deleted in case it violates anything described in Clause 6.

7.2. Photo submission fee

Photo submission fee may vary according to the specific competition, form of payment and/or location of the participant. PhotoRush.com reserves the right to change the photo submission fee. PhotoRush.com reserves the right to allow free photo submissions. Photo submission fees are described in PhotoRush.com photo contest rules.

7.3. Judging

A panel of independent judges will review eligible photo submissions and select the one winner in each category based upon the following criteria, each to be weighted equally: a) Originality; b) Technical execution (focus, exposure); c) Visual Impact (composition, impact, lighting.); d) Relevance to category. Judges will announce the winners in accordance with the PhotoRush.com photo contest rules. The decisions of judges are final and binding.

7.4. Voting

In a photo contest users will have the opportunity to cast votes in the affirmative for each submission they feel is entertaining or otherwise best meets the selection criteria, if any, in the Photo Contest Rules. The general voting will end on the date specified on the Photo Contest page. On or approximately on the same date, the website will sum-up the number of eligible votes received and contact the winner(s) as regard to the prize shortly after that date. PhotoRush.com reserves the right to apply a weight to votes based on a trust based scoring system that factors in voter accuracy and potential fraud. Each website user will be eligible to cast certain amount of free votes and paid votes in accordance with PhotoRush.com photo contest rules. The decisions of user votes are final and binding.

7.5. Voting fee

All of the website users are eligible to cast certain amount of free votes and paid votes. PhotoRush.com reserve the right to allow free voting only. Voting fees are described in PhotoRush.com photo contest rules.

7.6. Rights to use submitted photos

As a condition of accepting a prize, you agree to grant PhotoRush.com an irrevocable royalty-free worldwide license to reproduce and display the image, credited with your first and last name, in print and on the web for the sole purpose of only promoting this contest.

7.7. Conditions of participation

This Photo Contest is void where prohibited. Acceptance of a prize constitutes permission for PhotoRush.com to use that winners name, likeness, picture and Photo without additional compensation for promoting the contest. By entering this Photo Contest you agree to and hereby release and hold harmless PhotoRush.com from any and all liability or any injuries, loss or damage of any kind arising from or in connection with your participation in this Photo Contest, or any prize. If you do not want to grant the foregoing release, please do not enter the Photo Contest. Your photo must be your own original work.

By submitting your photo in the Photo Contest, you represent and warrant that it is your sole original work, and that you have obtained any and all consents, approvals or licenses required for you to submit your photo and comply with all of these TCU, including obtaining the written consent of all 3rd parties, where applicable. You waive any claim of infringement (including without limitation copyright, trademark, patent, trade name, trade secret, etc.) against the PhotoRush.com or their licensees based upon access to or use of your photo. In the event of any dispute regarding who is the entrant that submitted an email Photo, the potential winner must provide PhotoRush.com with proof that the potential winner is the authorized account holder of the e-mail address associated with the potentially winning photo. The User confirms his participation in the contests is an informed personal choice, not forced by anyone, and the declaration of the free will of the User.

7.8. Prize

Before being awarded their prize, contest winners may be required to sign a legal affidavit indicating that they are in fact the photographer who created the photo, that they own legal copyright, and that they have written releases for any recognizable locations and people appearing in the photograph. The prize in the value of Rush™ will be transferred to winners PhotoRush.com account and later will be able to withdraw it according to the Clause 11. Winners are responsible for all applicable federal, state or local taxes, tariffs or import duty fees.

7.9. Unfair voting policy

The User is forbidden to influence or manipulate the result of the photo contest in any way not permitted by the regulations. If PhotoRush.com has any suspicion that the results of the photo contest are influenced, it is entitled to introduce the adjusting measures at its sole discretion, including deletion of the User’s profile from PhotoRush.com, blocking or deleting User’s account, or the complete deletion of Rushes™ in users account. In such case, the User permanently loses the value of Rushes™ in users account without any right to claim their return or any other compensation. Additionally, PhotoRush.com reserves the right to forbid any further registration of the same User, as well as block users IP address and e-mail address. The User is prohibited from gaining any advantages during the photo contest via coordinated photo contest with another user. Advantage gained in such manner is considered to be unfair, and in such case PhotoRush.com is entitled to introduce the adjusting measures at its sole discretion, including deletion of the User’s profile from PhotoRush.com, blocking or deleting User’s account or the complete deletion of the Rushes™ on Users account. In such case, the User permanently loses the value of the Rushes™ on users account without any right to claim their return or any other compensation.

The User during the photo contest is prohibited from using of any computer intelligence system, or any computer software, which could influence the photo contest via technical means. If PhotoRush.com is of opinion that, while voting for the photographs, submitting them to the contest, earning credit points or buying Rushes™ the intelligence system was used, PhotoRush.com is entitled to introduce the adjusting measures at its sole discretion, including deleting the User’s profile from the network, blocking or deleting User’s account or the complete deletion of Rushes™ on Users account. In such case, the User permanently loses the value of Rushes™ on users account without any right to claim their return or any other compensation.

7.10. The applicable law and dispute resolution

In case of any difference between the result shown in the User’s computer and the result shown on the PhotoRush.com server, the preference is always given to the result on the PhotoRush.com server.

The User accepts that the decisions of PhotoRush.com on the User’s participation in the photo contest and its results and conditions are final and may not be disputed.

All disputes arising from the User’s participation in the photo contest are regulated by the laws of the Republic of Cyprus. Failing amicable settlement, such disputes are resolved at the court of the Republic of Cyprus.

8. Content submitted or made available for inclusion on the PhotoRush.com

PhotoRush.com does not claim ownership of Content you submit or make available for inclusion on the PhotoRush.com services. Except this particular case: User grants an irrevocable royalty-free worldwide license to reproduce and display photos which won the contest. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the PhotoRush.com services, you grant PhotoRush.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
  • With respect to Content you submit or make available for inclusion on publicly accessible areas of PhotoRush.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the PhotoRush.com Services solely for the purposes of providing and promoting the specific PhotoRush.com group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the PhotoRush.com services and will terminate at the time you remove or PhotoRush.com removes such Content from the PhotoRush.com website.
  • With respect to photos and graphics you submit or make available for inclusion on publicly accessible areas of the PhotoRush.com services other than PhotoRush.com groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the PhotoRush.com Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the PhotoRush.com services and will terminate at the time you remove or PhotoRush.com removes such Content from the PhotoRush.com website.
"Publicly accessible" areas of the PhotoRush.com website are those areas of the PhotoRush.com network of properties that are intended by PhotoRush.com to be available to the general public.

8.1. Public critique

Once posted, the image will be open to public comment and critique. Although we monitor all comments for appropriateness, negative comments (as long as they are not abusive or otherwise ill) may be posted along with your photo. Most comments at PhotoRush.com, however, tend to be constructive and motivated by an honest desire to help the photographer become a better image maker.

9. Copyright

Copyright of the image remains the property of the photographer. A copyright symbol will be provided under your image. Photos must be submitted by the original photographer. Do not submit or upload a photo taken by someone other than you. You must be the sole owner of the copyright of any image uploaded or submitted. Your submission of the photo and entry form is your guarantee that you are the author and copyright holder of the photo.

9.1. Model and property release

The rights PhotoRush.com grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. PhotoRush.com makes no representations or warranties that it owns or licenses any rights nor does PhotoRush.com grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, PhotoRush.com makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by PhotoRush.com. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel. In addition, a model release document must be uploaded by photographers, members of PhotoRushs community, confirming that the persons included in their Image have signed a written agreement. By uploading this document, the photographers certify that the information contained within is complete and accurate.

Uploaders acknowledges that they have sufficient written permission of any recognizable locations or people appearing in the photograph to be able to grant to PhotoRush.com the right to publish their photographic submission online, and hereby grant to PhotoRush.com such right.

10. Contributions to PhotoRush.com

By submitting ideas, suggestions, documents, complaints and/or proposals ("Contributions") to PhotoRush.com support team support@photorush.com, you acknowledge and agree that:
  • your Contributions do not contain confidential or proprietary information;
  • PhotoRush.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
  • PhotoRush.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
  • PhotoRush.com may have something similar to the Contributions already under consideration or in development;
  • your Contributions automatically become the property of PhotoRush.com without any obligation of PhotoRush.com to you;
  • you are not entitled to any compensation or reimbursement of any kind from PhotoRush.com under any circumstances.

11. Disbursement of money

This option is available only for the winners of weekly and/or annual photo contests.

The User is entitled at any point to request that the value of Rushes™ at the User’s account in the certain currency be transferred to the payment system account indicated by the User. The list of currencies into which Rushes™ may be converted is available at the PhotoRush.com website. PhotoRush.com may not guarantee the permanent availability of all currencies and payment systems.

For the money withdrawal, the User fills in the corresponding tool form in the portal providing the necessary information. If, while requesting the disbursement of money, incorrect or incomplete information is shown at the User’s profile, PhotoRush.com is entitled not to disburse the value of Rushes™ stored in the User’s account.

PhotoRush.com is entitled to establish the maximum amount of Rushes™ which the User can transfer to his/her account at a time or during one month. PhotoRush.com is entitled to establish the minimum amount of one separate transfer. The minimum and maximum amount of Rushes™ to be disbursed may be changed in line with the photo contest history of the User, as well as per decision of PhotoRush.com. The minimum and maximum amount of Rushes™ to be disbursed may be changed depending on the payment system chosen.

Value of Rushes™ won in the contest can be withdrawn from users PhotoRush.com account only. When replenishing or withdrawing money, commission may be applied, and the User alone is responsible for payment of such commission.

12. Modifications to the photorush.com services and prices, payment terms

PhotoRush.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.

Prices of all services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PhotoRush.com website or the Service itself. PhotoRush.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

All prices are listed in $USD, €EUR or LVL and are valid until altered by us. PhotoRush.com currently accepts credit cards, PayPal and SMS mobile payment systems. PhotoRush.com reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your order for Products, withhold upgrades to the services, and take such other action as appropriate if we are unable to process your preferred form of payment and you do not provide an alternative form of payment. You agree to reimburse PhotoRush.com for any and all costs incurred in collecting amounts owed by you to PhotoRush.com, including, without limitation, attorneys fees and costs of collection agencies.

13. System errors

If the User notices any errors in the system, he/she has to inform PhotoRush.com immediately, by sending an e-mail stating the errors at support@photorush.com. System errors include incorrect course of the photo contest, voting, inappropriate actions with Rushes™, payments, etc. In case of system errors, PhotoRush.com is entitled to cancel the User’s participation in photo contest and voting affected by the error. In such case, the User is entitled to claim recovery of the value of spent Rushes™ by sending the e-mail at support@photorush.com within 24 hours since it happened.

14. Cancellation and termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Profile link in the global navigation bar at the top of the screen. The My Profile screen provides a simple few questions asked cancellation link.

All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. You shall not be entitled to claim reimbursement of any advance payments.

If you delete your profile in PhotoRush.com, you lose all the value of Rushes™ in your account. If you will repeatedly logs in and the account will open anew, the value of deleted Rushes™ will not be restored.

PhotoRush.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PhotoRush.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PhotoRush.com reserves the right to refuse service to anyone for any reason at any time.

Termination of your PhotoRush.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the PhotoRush.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the PhotoRush.com Services.

15. Dealings with advertisers, third party products and services

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PhotoRush.com website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PhotoRush.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the PhotoRush.com website.

PhotoRush.com subscribers may run advertisements and promotions from third parties on the website or facilitate the sale of certain products or services by third parties through the website. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and PhotoRush.com does not endorse, approve, or control any such products, services, advertising or promotions. PhotoRush.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the website.

16. Links to/from websites of third parties

PhotoRush.com may, in its sole discretion, and without your consent or payment to you, place links on the website to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that PhotoRush.com is not responsible for the operation of or content located on any such website, and PhotoRush.com cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against PhotoRush.com for any damages or losses of any kind arising from the third-party website and/or the link. You are expressly prohibited from framing or linking or otherwise using or displaying the website in such a manner so that it appears to be part of your own or someone elses website. You shall not deep link to any image on the website.

The links to PhotoRush.com can be found at the websites of third parties. PhotoRush.com provides no control over such websites of the third parties and bears no responsibility for the information published therein or any actions taken by any person in the third parties’ websites.

17. PhotoRush.coms proprietary rights

You acknowledge and agree that the PhotoRush.com services and any necessary software used in connection with the PhotoRush.com services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the PhotoRush.com services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by PhotoRush.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the PhotoRush.com services, such Content or the Software, in whole or in part.

PhotoRush.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the PhotoRush.com services. You agree not to access the PhotoRush.com services by any means other than through the interface that is provided by PhotoRush.com for use in accessing the PhotoRush.com services.

18. Force majeure

PhotoRush.com is not responsible for the failure to fulfil the procedures mentioned in these terms, if it happens due to reasons beyond the control of PhotoRush.com, including, but not limited to the impossibility of the photo contest due to technical reasons, as well as to the impossibility of the photo contest due to natural disaster, disorders, changes in the legislation, etc. In such cases, a certain procedure is introduced and restored immediately after it becomes possible.

19. Disclaimer of warranties

YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED THEREBY, IS ENTIRELY AT YOUR OWN RISK. PHOTORUSH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT (A) PHOTORUSH.COM DOES NOT WARRANT THAT THE WEBSITE AND SERVICES PROVIDED BY PHOTORUSH.COM SHALL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, AND THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND; (B) PHOTORUSH.COM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA AND INFORMATION THROUGH THE INTERNET, AND SUCH FLOW DEPENDS ON THE PERFORMANCE OF THIRD PARTIES WHOSE ACTIONS OR INACTIONS MAY PRODUCE SITUATIONS IN WHICH CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) ARE IMPAIRED OR DISRUPTED AND FOR WHICH PHOTORUSH.COM IS NOT LIABLE; (C) PHOTORUSH.COM DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE MEDIA LICENSED VIA THE WEBSITE; AND (D) PHOTORUSH.COM DOES NOT WARRANT THAT THE INFORMATION PROVIDED VIA THE WEBSITE, WHETHER CONCERNING THE GOODS OR SERVICES OR THE MEMBER INFORMATION OR ANY OTHER SUBJECT, IS COMPLETE OR ACCURATE.

20. Limitation of liability

IN NO EVENT SHALL PHOTORUSH.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR ALIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTORUSH.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

21. Indemnity

  • The User shall indemnify and exempt PhotoRush.com from all actions, including damage claims, asserted by other users or third parties against PhotoRush.com resulting from an infringement of their rights by the contents posted by the User on PhotoRush.com website. Furthermore, the User shall indemnify and exempt PhotoRush.com from all actions, including damage claims, asserted by other users or third parties against PhotoRush.com resulting from an infringement of their rights regarding the use of the services on PhotoRush.com website by the User. The User assumes all reasonable costs PhotoRush.com incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by PhotoRush.com, are hereby unaffected. The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
  • In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at PhotoRush.com s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of PhotoRush.com websites, the User shall discontinue such use that violates these TCU and the law, if so requested by PhotoRush.com.

22. Trademark information

"PhotoRush", the PhotoRush.com logo, services and any other Product or Service names, logos or slogans of PhotoRush.com contained in the website are trademarks of PhotoRush.com (collectively, the "PhotoRush.com Marks") and may not be copied, imitated or used without the prior written permission of PhotoRush.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners.

23. Notice and procedure for making claims of copyright or intellectual property infringement

PhotoRush.com respects the intellectual property of others, and we ask our users to do the same. PhotoRush.com may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on PhotoRush.coms website, send PhotoRush.com a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the PhotoRush.com website; (iv) information sufficient to permit PhotoRush.com to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owners behalf.

General information

Entire Agreement. The TCU constitutes the entire agreement between you and PhotoRush.com and governs your use of the PhotoRush.com services, superseding any prior version of this TCU between you and PhotoRush.com with respect to the PhotoRush.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PhotoRush.com services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of PhotoRush.com to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your PhotoRush.com account is non-transferable and any rights to your PhotoRush.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PhotoRush.com services or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TCU are for convenience only and have no legal or contractual effect.

24. Violations

Please report any violations of the PhotoRush.com TERMS AND CONDITIONS OF USE to admin@photorush.com.
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PhotoRush.com is a unique online community of photography and photographers where you can consistently win cash and other valuable prizes. Photos entered into the contest are judged by PhotoRush.com users and a panel of professional photographers. If you are looking for an exciting and fair photography competition, where your own skills are challenged, then PhotoRush.com is the website for you. You can share your own photography experiences with others and become well known, thanks to PhotoRush.com. PhotoRush.com offers a variety of photo contests themes such as Cellphone photo contest, Travel photo contest, Photo editing contest, Baby photo contest, Pet photo contest, Black & White photo contest, Creative photo contest and many more. When you join PhotoRush.com and compete in the photography contests, learn interesting new facts about photography, show others what you are capable of and win cash while doing what you love!
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