Terms and Conditions

Introduction
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the online photos sharing network provided to you by fotop.net, provided primarily through www.pbasehk.com (collectively, the "Service").

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, we assume you read and agree to be bound by the additional wording set out in Part B of these Terms.

Part A: Provisions applicable to all Users of the Service (Whether Trial Account Users or Unlimited Uploading Account Users)
fotop.net is also referred to in these Terms as "we" and "us".

Purpose of the Service
fotop.net offers online photos sharing network that provide the ability to upload, view and share images through a range of electronic devices including personal computers and hand-held devices.

Availability
fotop.net uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of fotop.net. Every reasonable step will be taken by fotop.net to minimise such disruption where it is within the reasonable control of fotop.net. You agree that Fotop.net shall not be liable to you for any modification, suspension or discontinuance of the Service.

Privacy
fotop.net has a firm commitment to safeguarding your privacy. Please review fotop.net's Privacy Policy. The terms of Fotop.net's privacy policy are incorporated into, and considered part of, these Terms.

Copyright
fotop.net is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means). If you believe the copyright in your work has been violated through this Service, please contact fotop.net's agent.

External Links

From time to time fotop.net may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. fotop.net does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that fotop.net is not liable for any loss or damage that you may suffer by using other websites.

Amendment of the Terms

We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to fotop.net for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

General
These Terms constitute the entire agreement between fotop.net and you with respect to your use of the Service. fotop.net's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

Comments
If you have any comments or questions about the Service please contact us by email at support@fotop.net

Part B: Provisions Applicable to Trial Account Users/Members and Paid Users/Members

Registration
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Password
When you register as a member you will be provided with a computer generated password. You should change your password once you have successully login our service with our provided password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify fotop.net immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

Formation of a Binding Contract
No contract will exist between you and fotop.net for the supply of any services or products unless and until fotop.net accepts your order by a confirmatory e-mail, or other appropriate means of communication.

Pricing and Delivery
All prices are stated in HKD and/or USD and are valid until altered by us.

Copyright in Your Images
fotop.net does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to fotop.net a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.

Conduct
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.

You agree not to use the Service:
  • a. for any unlawful purposes;
  • b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
  • c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to fotop.net;
  • d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • e. to upload, post, email or otherwise transmit any material which is likely to cause harm to fotop.net or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;


    • You further agree that you shall not:
  • a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
  • b. provide any information to Fotop.net that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.


    • Monitoring of Content
    fotop.net does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service

    Bandwidth
    fotop.net does not limit the bandwidth usage of any individual account, except in following conditions:
  • a. We believe the affected account is under abnormal attack.
  • b. The affected account for any reason consume abnormally too much bandwidth, affect other accounts' normal operation.
  • c. The affected account use fotop.net for bandwidth sharing purpose for other websites as mainly purpose.

    Suspension and Termination of Access and Membership
    You agree that fotop.net may at any time without notice:
  • a. refuse to accept your application to become a member of fotop.net;
  • b. move or suspend any part of the Service; or
  • c. refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in fotop.net's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires fotop.net to do so.


    • Storage Policy
    (a) Trial Account (10MB)
    fotop.net provides free online storage of images to its trial account members for an initial period of 30 days from the date you activate your fotop.net account (login access to account will be suspended automatically after expiry of 30 days free trial period). To maintain storage, you need to make a purchase from fotop.net at least once every 12 months (the 12 month period will restart with each purchase).

    (b) Unlimited Uploading Account
    The aim of unlimited uploading account is solely for users convenience. ¡§Unlimited uploading¡¨ (subject to available resources) is built on the principles of ¡§Sharing¡¨ and ¡§Exchange¡¨ basis. Under this clause, fotop.net have right, at all reasonable times, to resize photos and/or images stored in the data modem in order to maximize the speed of the transferring process.

    If you do not purchase any product or service from fotop.net for a period of 12 months, fotop.net may delete the images stored in your account.

    (c) General including all kinds of trial, paid, space limited, and unlimited account
    All users/members could only open and/or have one trial account, failing which, fotop.net have all rights to delete and/or to cancel the said trial account services.

    In addition, fotop.net may, at its option and at all reasonable circumstances, terminate access to the account altogether (including deletion of any account information held by fotop.net). fotop.net may change this policy at any time, upon reasonable notice to you.

    Refund
    fotop.net will agree to a refund to users/members on the basis that fotop.net cannot provide any reasonable service on the principles of ¡§Sharing¡¨ and ¡§Exchange¡¨ basis. A refund is based on the following criteria:

    (i) The effective remaining plan period shall be calculated on a proportionate basis, i.e. User A enrolled a HK$128 plan (with 500MB) terminated the service 5 months prior to the expiry date, the calculation will be $128 x 5 /12 = HK$53.

    (ii) If the users made payment by credit card or PPS online, the refund amount shall be the total payment x 0.95 (as the remaining 5% of the refund amount shall be payable as the handling charge for payment online or credit card centre)

    Disclaimer of Warranty and Limitation of Liability
    fotop.net will provide the maximum data protection with the available resources. All data stored at fotop.net website, will be stored as duplicates in 2 sets of hardware on a real-time mode basis. The said data will periodically transfer to a separately operated backup device. fotop.net do not guarantee the usability and the reliability of the data set. All users/members have no right to demand for any data from the data set as a result of the users deleting the photos and/or images by accident or any operational default.

    fotop.net agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.

    The service, fotop.net's site is provided by fotop.net "as is" with no warranties whatsoever. all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. to the fullest extent permitted by law, fotop.net disclaims any warranties for the security, reliability, timeliness, and performance of this service.

    You understand and agree that the submission of any digital content or film image to fotop.net, and the download or upload of any material through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content.

    Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, fotop.net shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of the service, fotop.net's site and all related products and services, even if fotop.net has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

    End of Terms and conditions
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