The F STOP Terms of Use

The F STOP is an online magazine featuring interviews with top photographers about their artistry and their craft. Each article consists of an in-depth interview with the artist along with a comprehensive behind-the-scenes look at how they created one of their images. Users can also view and submit content, including but not limited to information about their own lighting and retouching techniques, to the forum section.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the THE F STOP. By using the THE F STOP, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the THE F STOP Website) or you are a “Member” (which means that you have registered with thefstopmag.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the THE F STOP (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the THE F STOP Website and discontinue use of the THE F STOP immediately. If you wish to become a Member, communicate with other Members and make use of the THE F STOP, you must read this Agreement and indicate your acceptance during the Registration process.

The F STOP may modify this Agreement from time to time and such modification shall be effective upon posting by The F STOP on the THE F STOP Website. You agree to be bound to any changes to this Agreement when you use the THE F STOP Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

CONTENT
a. The contents of The F STOP are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by THE F STOP or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through The F STOP.
b. The F STOP and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part. The only exception to this is listed below in section “d.” under CONTENT.
c. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from THE F STOP. The only exception to this is listed below in section “d.” under CONTENT.

d. The only exception to the above listed under CONTENT is when content is clearly marked and offered for download by The F STOP in the forum section of the website. The only occurrence of this is in the forum section where lighting icons are made available for download so users can create their own diagrams and upload them for other users to view on thefstopmag.com. The icons provided may only be used for this purpose on The F STOP website. Any other usage of these icons is strictly prohibited.

SUBMISSIONS
a. You are solely responsible for the content of any submission you make to The F STOP. THE F STOP reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
b. You acknowledge that any submissions you make to The F STOP may be edited, removed, modified, published, transmitted, and displayed by THE F STOP and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
THE F STOP does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the THE F STOP. By displaying or publishing (“posting”) any Content on or through the THE F STOP, you hereby grant to THE F STOP a limited, royalty-free, license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the THE F STOP. You further grant THE F STOP the right to use your name in connection with the reproduction or distribution of such material.
E. You understand that when using the THE F STOP Website, you will be exposed to User Submissions from a variety of sources, and that THE F STOP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against THE F STOP with respect thereto, and agree to indemnify and hold THE F STOP, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
USE OF REGISTRATION DATA
You agree that any registration data you provide may be shared with select third party firms (“Partner”), unless you state a preference not to be contacted. THE F STOP shall inform Partner if You state a preference not to be contacted. However, THE F STOP shall not be responsible or liable if Partner contacts You, permits a third party to contact You, or provides or discloses Your Registration Data to any third party.
You agree that THE F STOP, Partner, or a designee of THE F STOP or Partner may disclose Registration Data to third parties about you and information about Your use of the The F STOP, email address, telephone or facsimile number, or account number, unless: (a) You have registered to receive any third party products or services, or have otherwise authorized THE F STOP and/or Partner to disclose such information; (b) such disclosure is required by law or legal process.
This Agreement includes the terms and conditions of the THE F STOP Privacy Policy. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

REPRESENTATIONS AND WARRANTIES
a. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless THE F STOP, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. THE F STOP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
c. THE F STOP, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by The F STOP or its content, including, without limitation, losses related to: your use or inability to use The F STOP; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of THE F STOP, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to The F STOP in the 6 months prior to the claimed injury or damage.
d. The F STOP makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for 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 our 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 our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our 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 the use of any content posted, emailed, transmitted, or otherwise made available via the The F STOP website. The F STOP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the The F STOP website or any hyperlinked website or featured in any banner or other advertising, and The F STOP will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY
In no event shall The F STOP, 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 our 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 our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our 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 The F STOP 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 The F STOP 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.
The Website is controlled and offered by THE F STOP from its facilities in the United States of America. THE F STOP makes no representations that the THE F STOP Website is appropriate or available for use in other locations. Those who access or use the THE F STOP Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNITY
You agree to defend, indemnify and hold harmless THE F STOP, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the THE F STOP Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the THE F STOP Website.
FEES AND PAYMENTS
THE F STOP reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time THE F STOP requires a fee for portions of the Service that are now free (e.g., a subscription fee), THE F STOP will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by THE F STOP or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

USERNAME AND PASSWORD
You may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify THE F STOP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. THE F STOP cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at THE F STOP’s sole discretion, and THE F STOP may refer you to appropriate law enforcement agencies.

TERMINATION
THE F STOP may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THE F STOP without restriction.

MISCELLANEOUS
a. This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall only be brought in the federal or state courts located in New York City.
b. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the THE F STOP Privacy Policy.
c. Official correspondence must be sent via postal email to info@thefstopmag.com
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the THE F STOP Website is not intended for people under 13. If you are under 13 years of age, then please do not use the THE F STOP Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.


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