BetterPhoto.com® Terms & Conditions

Uploading

Before uploading a photo to our site, carefully read the following terms and conditions of use. If you agree to the terms as they have been written, click on the "I accept" button to continue.

Purpose and Motives

The purpose of this site and gallery is primarily educational. Image uploading is allowed and encouraged if the user's motives are in accord with this purpose. Acceptable uses of the image uploader include:

Since BetterPhoto is a family-friendly site, we reserve the right to reject unsuitable or pornographic images. Unsuitable images for this family friendly site include most nude photos as well as photos of a sexually suggestive or overly violent content.

Photos acceptable to BetterPhoto can be of practically any subject - we welcome landscape photos, portraits of children, pictures of your pet, and much more. As long as the photo shows technical excellence, originality, artistic creativity, and a mastery of the tools, it may be selected as a winner in our contest.

Public Display & Comprehensive Grant of Rights

By submitting your photograph ("Content") to BetterPhoto Incorporated, you understand and agree that, upon acceptance, your Content may be displayed publicly on the BetterPhoto Incorporated website, including but not limited to, the BetterPhoto Q&A, the Gallery, and other sections of the website accessible to users and visitors.

In submitting Content, you hereby grant BetterPhoto Incorporated a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the BetterPhoto Incorporated website and BetterPhoto Incorporated's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the BetterPhoto Incorporated website (and derivative works thereof) in any media formats and through any media channels. This license includes the right to use your Content for promotional purposes in electronic formats and hard copy, including but not limited to marketing materials, newsletters, and print ads. Should we wish to publish your photo in any print media not covered by the initial grant of rights, we will seek additional permission from you.

Interaction and Community Conduct

Your Content will be eligible for public commentary and critique by the BetterPhoto Incorporated community. BetterPhoto Incorporated encourages constructive feedback aimed at fostering a supportive and educational environment. While we are committed to maintaining high standards of kindness and respect, BetterPhoto Incorporated shall not be held accountable for any negative, offensive, or harmful comments made by members of the community.

BetterPhoto Incorporated reserves the right to moderate, delete comments, or take necessary actions against any member's account for conduct that violates our community standards, including but not limited to abusive, derogatory, or non-constructive comments. Such violations may result in suspension or termination of membership without refund.

Copyright and Ownership

The copyright of any Content you submit remains with you, the photographer. BetterPhoto Incorporated will acknowledge your copyright by displaying a photo credit beneath your image. You affirm and warrant that you are the original photographer and copyright owner of the Content submitted and that your submission does not infringe upon the copyrights or rights of any third party.

Indemnification

By uploading Content to BetterPhoto Incorporated, you agree to indemnify and hold harmless BetterPhoto Incorporated, its officers, directors, employees, and agents from and against any 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 BetterPhoto Incorporated service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, privacy, or property right; or (iv) any claim that your Content caused damage to a third party.

Model and Property Release

You acknowledge that you have obtained all necessary releases (model or property) for the recognizable individuals and locations in your Content, granting BetterPhoto Incorporated the right to publish your Content online. By submitting your Content, you grant BetterPhoto Incorporated the rights outlined herein.

Public Critique

Once posted, the image will be open to public comment and critique. To more easily follow any discussion of your photo, you will be given an opportunity to receive email notifications when a visitor comments on it.

Most comments at BetterPhoto tend to be constructive and motivated by an honest desire to help the photographer become a better photographer. All the same, BetterPhoto is not to be held responsible for negative comments - whether deemed constructive or abusive.

IMPORTANT: BetterPhoto is a supportive environment. Our standards include kindness. No member is allowed to make abusive, angry, harmful, or ill-natured comments, either to another member or to BetterPhoto staff. If a member makes public, derogatory, non-constructive/complaining, or simply mean comments, the member may have membership suspended or revoked. If membership is revoked, any fees paid for membership will be forfeited by member. Be nice. Do not make mean comments, just because electronic communication tends to make such mean communication easy. If you have a grievance against another member or BetterPhoto, email the other party privately.

General

Actions Detrimental to BetterPhoto.com - How to avoid having your photos, galleries, or discussions removed from BetterPhoto:

Actions that discriminate against BetterPhoto, encourage viewers or members to avoid or leave the site, are prohibited, as they are detrimental to the support of members and the health of BetterPhoto.com. Helpful, encouraging, or instructional discussions helps BetterPhoto support visitors and members alike. Linking practices that circumvent or avoid promoting BetterPhoto, or lead viewers away from BetterPhoto, are unfair to members who pay for our services and may provide a poor experience for members. Photo information, descriptions, bios, and discussions must provide an enjoyable and safe experience for visitors, members, and BetterPhoto.com. Links directing visitors away from BetterPhoto.com through your photos, descriptions, titles, and personal information are not allowed.

Except through their own BetterPhoto.com Deluxe or Pro web site, BetterPhoto Members cannot:

Violations of these policies may result in a range of actions, including:

When policy violations occur, BetterPhoto may or may not email the Member informing him or her that a photo, gallery, discussion, or membership has been removed.

Note: BetterPhoto payments for Galleries or other forms of memberships - removed due to a policy violation - will not be refunded.

If a BetterPhoto member willingly closes his account or has membership revoked, BetterPhoto is under no obligation to remove photos. The departing member can remove photos but if some cannot be deleted (due to previous placement or winning in the contest, for instance), the BetterPhoto member agrees to allow those photos to continue being published at BetterPhoto.

BetterPhoto.com monitors photos and discussions, including reviewing reports of policy violations from its members. Your participation and vigilance as part of the BetterPhoto.com community is invaluable in helping keep BetterPhoto a family friendly and productive photography web site.

Privacy Policy

BetterPhoto.com does not sell our Members' email addresses or personal information. All information submitted to BetterPhoto.com is not to be sold or used in any way that violates your right to privacy. Upon registration as a BetterPhoto member, email addresses are collected for the purpose of unique identification, answering questions, opt-in communications and customer service.

Spam is never endorsed at BetterPhoto.com. Our email newsletters are sent to those who subscribe on a volunteer basis. We also provide numerous opportunities to unsubscribe from these emails, including opt-out links at the bottom of each newsletter.

BetterPhoto.com does not endorse or tolerate unsolicited sales emails through our automated contact forms. Individuals or companies may not email BetterPhoto members through our contact forms, Q&A, or any BetterPhoto Discussions for the purposes of soliciting to them.

When BetterPhoto contacts our own BetterPhoto customer base, it will not be considered unsolicited email.

Advertising

BetterPhoto does not allow intrusive advertising such as pop-ups or pop-unders. Advertising may be found to match specific images, titles, or descriptions. BetterPhoto reserves the right to change advertising on the site at any time.

Additional Contest Rules

In addition to the terms and conditions above, contest entries must abide by the following rules.

All entries must be received at the BetterPhoto web site by the date and time as stated at https://www.BetterPhoto.com/contest.php. Entries must be submitted in digital form via the web site; 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 entries are not accepted. BetterPhoto will not be held responsible for mailed slides, negatives, or prints.

You are allowed to enter only the amount of photos into the photo contest per day that is allowed as noted on the Pricing page. A BetterPhoto day is considered 12:01am to 12 midnight, Pacific time. If more than one entry is entered into the photo contest in one day, all but the first entry will be disqualified. You may only enter a given photo only once. You may only enter each given photo into a single category.

No spamming allowed. Links to other web sites added to photo descriptions are prohibited on BetterPhoto. If you put a link to another web site in your photo's description area, the link will be removed.

Winning photos will be posted on the web site within one month of the end of each monthly contest. Only one photo per participant can place as a winner in each monthly contest category. All decisions of the judges are final.

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.

BetterPhoto will attempt to contact prize winners by email. If the winner does not respond to our email and claim the prize within 10 days, the prize will be forfeited. Winners are responsible for all applicable federal, state or local taxes, tariffs or import duty fees.

Winners may be required to sign an IRS Form W-9 or equivalent.

Prize winners agree to hold harmless and release BetterPhoto.com, Inc., its staff, officers, instructors and affiliated entities from loss, claim, injury, damage or expense, including, but not limited to reasonable attorney's fees and costs, which are in any way connected or associated with the use of any prizes or prizes received from BetterPhoto.com, Inc.

Winner must be at least 13 years of age. If winner is an eligible minor (age 13 to 17), winner's parent or legal guardian must complete necessary tax and legal information.

The odds of winning depend upon the number of entries received and/or the number of contestants participating in the contest. Some prizes are provided to BetterPhoto.com in exchange for promotional consideration. Prizes may not be substituted or refunded.

BetterPhoto reserves the right to substitute prizes of equal value to the advertised prize should it become unavailable due to circumstances beyond our control. All prizes are not redeemable for cash value.

This contest is governed by the laws of the State of Washington, USA. Additionally, if local laws in your place of residence make this contest illegal, do not enter the contest. Void where prohibited by law.

If you agree to the terms above and would like to upload a photo, click on the "I Accept" button continue. If not, click on the "I Do Not Accept" button and you will be taken to the BetterPhoto home page.

I Accept           I Do Not Accept