Last Updated: January 28, 2022
This Acceptable Use Policy (“AUP”) applies to any of the Services (as defined below) provided by Zenfolio, Inc. (“Zenfolio,” “we,” “us,” or “our”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Services and to protect the interests of our clients (and our clients’ customers) as well as our goodwill and reputation. This AUP is also intended to ensure that the Services are not used by any organization or individual to promote, encourage, or facilitate hate speech, violence, or discrimination, among other prohibited conduct. By using the Services, you are agreeing to this AUP.
Zenfolio offers two online platforms, one at www.zenfolio.com that allows photographers to exhibit, organize, print, sell, exchange, and share digital images, videos and related products, and the other at www.photobooker.com that allows photographers and their prospective customers to arrange photoshoots (such websites are referred to collectively as the “Site” and the Site, together with the corresponding services, are referred to as the “Services”). ANY AND ALL DISPUTES, COMPLAINTS, OR CLAIMS ARISING FROM THIS AUP SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE SUBJECT TO THE DISPUTE RESOLUTION AND LIMITATIONS OF LIABILITY PROVISIONS, CRITERIA, AND REQUIREMENTS SET FORTH IN THE ZENFOLIO USER AGREEMENT OR THE ZENFOLIO TERMS OF SERVICE, AS APPLICABLE.
- General; Liability
If you are using any of our Services, this AUP applies to you and this AUP is intended to supplement any existing terms and conditions governing your use of the Services. In the event of a conflict between this AUP and any such existing terms and conditions, the provisions that provide the most restrictive use of the Services shall supersede and control with respect to such conflict, unless otherwise prohibited by law. You hereby acknowledge and agree that you are not permitted, and you shall not assist others, to violate this AUP. You further acknowledge and agree that we may, in our sole discretion, suspend or terminate your use of Services in the event you violated this AUP, and you are solely responsible for all costs, losses, and damages arising from the same. YOU SHALL INDEMNIFY AND HOLD HARMLESS ZENFOLIO FOR ANY AND ALL LOSSES, CLAIMS, EXPENSES, FEES, JUDGMENTS, OR SIMILAR DAMAGES THAT ARISE FROM YOUR VIOLATION OF THIS AUP. You acknowledge we may, in our sole discretion, disclose information regarding your use of the Services to satisfy any law, regulation, government request, court order, subpoena or other legal process.
- Reporting Suspected Violations
Any individual that suspects that this AUP has been violated should promptly and as soon as reasonably practicable report such suspected violations to us by contacting us at [email protected]. We will assess the report and investigate and respond in a way we (in our sole discretion) consider appropriate.
- Prohibited Actions (Email and Telephone)
3.1. You may not use the Services to send, regardless of volume or size, unsolicited and irrelevant or inappropriate email or telephonic (including SMS) messages to third parties (i.e., spam). For purposes of this clause, the term “unsolicited” means the recipient has not furnished you (or your third-party agents) verifiable permission to send such a message. For the avoidance of doubt, you may not use the Services in any manner that violates any applicable law, statute, or regulation governing email or telephonic messaging, including (but not limited to) the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA), Canada’s Anti-Spam Legislation (CASL), the General Data Protection Regulation (GDPR), and the United Kingdom Data Protection Act 2018.
3.2. You may not use the Services to, directly or indirectly, send, transmit, handle, distribute, or deliver: (i) spam messages; (ii) email communications to a third party at an email address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (iii) email communications to a third party that is incomplete, inaccurate, and does not include opt-out (i.e., unsubscribe) features, to the extent such features are required by law, or (iv) email communications to a third party that use any misleading or false names, addresses, email address, or subject line.
3.3. You hereby represent and warrant to Zenfolio that each email that you send (or that a third party sends on your behalf, or that you cause to be sent, or that a third party causes to be sent on your behalf) via the Services shall not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide, or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (viii) use a Zenfolio trademark, tagline, or logo without our prior written consent and only then pursuant to our trademark usage guidelines.
3.4. You are prohibited from using the Services to email purchased, rented, or borrowed lists, and lists that are likely to result in an excessive number of unsubscribe requests or spam complaints or notices, as determined by common industry practices. You hereby warrant to Zenfolio that you will promptly comply with all opt-out, unsubscribe, “do-not-call,” and “do-not-send” requests in response to, or otherwise related to, communications you, directly or indirectly, send, transmit, handle, distribute, or deliver via the Services.
3.5. You are hereby prohibited from using the Services to, directly or indirectly, send, transmit, handle, distribute, or deliver telephonic calls or SMS messages (i) before 8 a.m. or after 9 p.m. based on the recipient’s time zone, (ii) to numbers on the Do-Not-Call (DNC) Registry or any similar registry based on applicable law, (iii) to numbers on your internal DNC list, (iv) using artificial or prerecorded voice recordings without receiving prior express written consent from the recipient, (v) using automatic telephone dialing systems without receiving prior express written consent from the recipient, and (vi) that are deceptive or abusive, or hide caller and similar material information about you and your use of the Services. You must comply with all laws, statutes, and regulations governing the recording of telephone calls and obtain proper consent prior to making any such recording. If you use the Services to place telephone calls, you must also comply with all applicable industry standards, including those applicable guidelines published by the CTIA and the Mobile Marketing Association. You are prohibited from using, or permitting access to use, the Services to make emergency calls or to provide or seek emergency services.
- Zenfolio Community Guidelines and Standards
4.1. You hereby agree not to: (i) use the Services in any manner that impacts the normal operation, privacy, integrity or security of Zenfolio or a third party’s property, including other Zenfolio customers or accounts, and Zenfolio and third-party domain names, URLs, websites, networks, systems, facilities, equipment, data, other information, or business operations; (ii) use the Services to launch, or otherwise cause to be launched, any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (iii) use the Services in any manner that damages, disables, overburdens, or impairs any of our Sites or interferes with any other party’s use of the Services; (iv) attempt to gain unauthorized access to the Services and/or access the Services other than through our approved interface; (v) use the Services to gain unauthorized access to, use, monitor, or make an unauthorized reference to, a third party’s property, unless you have the appropriate express prior consent to do so; or (vi) use the Services in a way that causes or may cause any Zenfolio’s, or our customers’, IP addresses, URLs, or domains to be blacklisted. For the avoidance of doubt, you shall not use the Services, directly or indirectly, to engage in any of the following: hacking, spoofing, using denial-of-service attacks, mailbombing, or sending any email that contains or transmits any virus, propagating worm, malware, spyware, adware or other such file or program.
4.2. In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) upload content to the Services, or otherwise use the Services, in a manner that: (i) is threatening, abusive, harassing, stalking, or defamatory; (ii) is deceptive, false, misleading or fraudulent; (iii) is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity); (iv) contains vulgar, obscene, indecent or unlawful material; (v) infringes Zenfolio’s or a third party’s intellectual property rights; (vi) publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; (vii) uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (viii) downloads any file that you know, or reasonably should know, cannot be legally distributed in that way; (ix) falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded; (x) restricts or inhibits any other user of the Services from using and enjoying our Sites and/or the Services; (xi) harvests or otherwise collects information about others, including email addresses, without their consent; (xii) is legally actionable between private parties; (xiii) is not a good faith use of the service, and/or (xiv) is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations.
4.3. Without prejudice to Section 4.2, you may not (directly or indirectly) upload content to the Services, or otherwise use the Services, in a manner that promotes, encourages, or facilitates (i) hate speech, (ii) violence, or (iii) discrimination based on race, color, sexual orientation, marital status, gender, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. Without limiting the foregoing, the Services cannot be used, in any manner, to upload content or images that are pornographic, violent, obscene, derogatory, or religiously offensive, contain nudity or sexual conduct, or depict illegal activity.
5.1. As between Zenfolio and you, you are solely responsible for the content you upload or post via the Services, for moderating user-generated content or user activity on your platform or service, and for ensuring the same complies, at all times, with this AUP. Notwithstanding the foregoing, in the event Zenfolio discovers any use of our Services that violates this AUP, Zenfolio may, in its sole discretion, terminate such use of the Services, remove content that violates this AUP, and/or take other actions. For the avoidance of doubt, Zenfolio is not obligated to, but may choose to, remove any materials that, and deny access to any person who, violates this AUP. We may, in our sole discretion, engage with law enforcement or regulatory officials to report violations of this AUP or activity we believe, in good faith, violates the law.
- Updates and Amendments
We reserve the right to amend this AUP at any time. We will notify you if this AUP is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review this AUP to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this AUP, signifies your consent to this AUP and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our AUP; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the AUP to determine whether any amendments have been made hereto.
- Contact Us
If you have questions or concerns regarding this AUP, please contact us at any of the following: (email) [email protected] or (mail) Zenfolio Inc., Attn: Legal Department , 303 Twin Dolphin Dr, 6th Flr, Redwood City, CA 94065.