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.

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:

• To illustrate questions and answers
• To enter the photo contest
• To share your work
• To request critique
• To teach a technique or principle.

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.

Be aware that, if approved for publication, your photo will be displayed to the public. Your image may be included in the BetterPhoto Q&A, in the Gallery, or in other areas of the Web site.

By uploading, you are allowing BetterPhoto to publish the photo on our Web site or in other electronic promotional materials. If we ever consider publishing your photo in any print media, we will contact you first for permission.

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-natured - may be posted along with your photo. Most comments at BetterPhoto, however, tend to be constructive and motivated by an honest desire to help the photographer become a better image maker.

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.

Copyright of the image remains the property of the photographer. A photo credit with copyright symbol will be provided under your image.

Entries must be submitted by the original photographer. Do not submit a photo taken by someone other than yourself. You must be the sole owner of the copyright of any image submitted. Your submission of the photo and entry form is your guarantee that you are the author and copyright holder of the photo.

Members 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 uploading of any photo to BetterPhoto.com, Inc.

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

General

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 both paying and non-paying 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:

• Use their Bio page, Photo Discussions, or other online forms to promote competitor web sites or direct BetterPhoto members away from the courses, resources, and contests available on BetterPhoto.
• Use the Forums, Contest, Galleries, or Discussions to direct BetterPhoto visitors to other sites to purchase photos.
• Include links to further descriptions and titles, email address, and photos hosted on other sites.
• Use HTML and JavaScript in your photos, descriptions, titles, and personal information on Bio and Profile pages.
• Use profanity or upload non-family friendly photos.
• Accuse BetterPhoto or other members in public forums of cheating, stealing, or being dishonest. If there is an issue in this regard, the matter should be communicated privately via email.

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

• Removal of photos, descriptions, or discussions.
• Removal of Free or Basic BetterPholios.
• Limits on Membership privileges.
• Membership suspension.
• Forfeit of BetterPhoto Contest Winning BetterPholio Galleries and fees paid on removed Galleries.

When policy violations occur, BetterPhoto will email the Member informing him or her that a photo, gallery, discussion, or membership has been removed.

Note: BetterPhoto payments for BetterPholio Galleries or Contest entries removed due to a policy violation may or may not be refunded, depending on the policy violated and/or the member's prior (non)-compliance with BetterPhoto.com policies.

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 to help keep BetterPhoto a family friendly and productive photography web site.

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 answering questions and responding to visitors.

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.

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

BetterPhoto may advertise anywhere on our site, but will not advertise on our member's Deluxe or Pro BetterPholios™ without permission. 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 http://www.betterphoto.com/contest.asp. 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.

BetterPhoto online course students and Basic, Deluxe, or Pro BetterPholio subscribers are allowed to enter only one photo into the photo contest per day. 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 once per the contest month. You may only enter each given photo into a single category during the contest month. You must be a BetterPhoto alumni or BetterPholio subscriber to enter the contest.

Winning photos will be posted on the Web site within one month of the end of each monthly contest. Although exceptions can be made to this rule, 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 elegible 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. If a member who already subscribed to a BetterPholio™ wins Second Place, original Gallery fees will not be refunded. All prizes are not redeemable for cash value.

Shipping costs are included with Tamrac prizes only to U.S. addresses. Non-U.S. residents are responsible for international shipping costs.

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.