VIRGINSPOTS TERMS OF SERVICE

Welcome to Virginspots!

The Terms of Service (TOS) for posting are important and must be read and accepted before you choose to participate. We encourage contributors who are courteous, polite and respectful. Accepting the Terms and Conditions In order to use the Services, you must first agree to the Terms and conditions.

You may not use the Services if you do not accept the Terms. You can accept the Terms by:

(A) Clicking to accept or agree to the Terms, where this option is made available to you by Virginspots in the user interface for any Service; or

(B) By actually using the Services. In this case, you understand and agree that Virginspots will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if

(a) you are not of legal age to form a binding contract with Virginspots, or

(b) you are a person barred from receiving the Services under the laws of the India or other countries including the country in which you are resident or from which you use the Services.

Terms & Conditions:

1. Only one account per user is permitted. You must not provide false info otherwise whenever we find the info is incorrect, account to be ceased.

2- Every member is permitted to post 365 images in a year. Maximum five images are permitted for uploading in a single day. The size of image is given in uploading section.

3. You must be the photographer and copyright holder of all material posted to VIRGINSPOTS.

 i. You retain copyright and the ability to delete/edit your photos. 

ii. You grant VIRGINSPOTS the right to use your images for display anywhere on the VIRGINSPOTS site. iii. VIRGINSPOTS is not responsible for unauthorized usage of your images outside the VIRGINSPOTS site. iv. You give VIRGINSPOTS a non exclusive, perpetual, irrevocable, royalty-free license to use your forum postings. 

Photographs:

1. Only photographs are permitted. Images may not be digitally manipulated in an image editing program ie, Photoshop except for the following reasons:

 i. Copyright notices and (straight-edged, plain) frames NB: Copyright/ Watermark information may contain your name, but no graphics are allowed - Frames must be plain and straight edged (simple drop shadow is allowed) - Cannot contain gradients, textures, blurring or beveling. Those posts not adhering to the these guidelines will be removed at the discretion of the moderators. 

ii. Cropping, resizing and sharpening

iii. Touching up (dust, slight imperfections)

iv. Levels, Curves, Color adjustment, Hue, Saturation etc. for minor image enhancements. 

v. Multiple exposures to get proper exposure values 

vi. Stitching for panoramic photos 

vii. Color conversion to Black and White, Sepia, Duotone etc. 

viii. Perspective correction for parallax or lens distortion. ix. Infrared photos are not allowed.

2. Identical photos (unmodified or not) may not be re-posted except through the 'Post to Workshop' or 'Re-Post' mode. (Deleting the original image in order to re-post is also not acceptable. Instead, open a Discussion for the photo to request feedback

3. In respect of peoples copyrights; postings of other peoples work (photographs/ art) must properly convey the surroundings in which they are found. If you wish to post close-ups of the work- please do so as a workshop. Workshop or Re-Posted images must include information on any changes made to the original.

4. As the purpose of VIRGINSPOTS is to explore the untouched places of travel importance, shots of common objects will be deactivated at the discretion of site moderators.

5. Photographs having a studio-like effect, self-portraits and photographs of own reflection or own shadow will also be deleted at the discretion of site moderators.

6a. Photographs must have a proper title, not only marks like * or any other ....Proper description of place to be given and important info such as how to reach and location must be given properly.

6b. Photos with insensitive titles and/or notes will be inactivated. Only meaningful notes will be considered, so please do not try to get around the issue by posting nonsense such as " lluiiiiiiii". The following other nonsensical notes will also be deemed inappropriate: using your camera description/ exif data as a note, clicking the space bar until you have reached required characters, repeating the same words or partial phrases over and over: notes that merely describe the obvious.

Notes that fit any of the above criteria may be subject to deletion by our moderators. NB: Certain types of photos are prohibited on VIRGINSPOTS and will be removed: Nude photographs unless the nudity is intrinsically related to an event such as a regional festival, daily living, or the like. Photographs of family, friends, or any pets (not only one's own).

You agree to not use the Service to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;

b. harm minors in any way;

c. impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a Virginspots official, forum leader, guide or host;

d. forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;

e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;

h. upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an as it is basis as provided by us;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities , any rules of any Indian securities exchange and any regulations having the force of law;

l. "stalk" or otherwise harass another;

m. commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise

n. collect or store personal data about any other users in connection with the prohibited conduct and activities set forth in paragraphs a. through m above. You acknowledge that Virginspots cannot and does not pre-screen Content, but that Virginspots and its designees shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Service.

Without limiting the foregoing, Virginspots and its designees shall have the right to remove any Content that we believe in good faith violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you will 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 Virginspots or submitted to Virginspots, including without limitation information in Virginspots!

Message Boards, Virginspots! Groups, and in all other parts of the Service. You acknowledge and agree that Virginspots may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) Comply with legal process;

(b) Enforce the TOS; 

(c) Respond to claims that any Content violates the rights of third-parties; 

(d) Respond to your requests for customer service; or 

(e) Protect the rights, property, or personal safety of Virginspots, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve

(a) Transmissions over various networks; and 

(b) Changes to conform and adapt to technical requirements of connecting networks or devices Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.

Moderators / Admins reserve the right to temporarily or permanently ban user accounts at any time. Retaliation against such actions will not be tolerated and removed! Postings must be on-topic. Unrelated or self-promotional postings or SPAM may be locked, transferred or removed. Posting the same message or an unsolicited commercial message to one or many topics or boards is considered spam. Duplicate messages may be deleted or consolidated by our moderators. Please do your best to post new topics to the appropriate forum board. Moderators can take action when a thread should be moved to a more appropriate section. Any impersonation of a user within these forums, in any mode of communication, is strictly prohibited and will result in a banning. Any messages you post in these discussion forums will remain available to the public for as long as this discussion board is online. Once you have posted your message, it will stay online. Please post carefully and with due consideration to the content of your post.

12. Image licensing requests via the private messaging service or emailing copyright@virginspots.com deemed excessive and/or unreasonable will be not be processed and may result in account inactivation.

VIRGINSPOTS reserves the right to terminate without notice your membership at any time, for any reason, including your violation of any of these Terms of Service. High Maintenance Clause: Any member who occupies a majority of admin or moderator time unnecessarily will be shown the door. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIRGINSPOTS WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE VIRGINSPOTS SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. It is your responsibility to be familiar with and remain updated regarding our Guidelines. All users of these forums must comply with these Guidelines. We reserve the right to ban any member who violates our guidelines or disrupts our community.

GENERAL INFORMATION The TOS constitute the entire agreement between you and Virginspots and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOS do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Governing Law and Jurisdiction.

The TOS and the relationship between you and Virginspots shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and Virginspots agree to submit to the personal and exclusive jurisdiction of the courts located at New Delhi, India. Waiver and Severability of Terms The failure of Virginspots! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. No Right of Survivorship and Non-Transferability.

You agree that your Virginspots! account is non-transferable and any rights to your Virginspots! 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.