Terms of Service
Favim Holdin Limited is the owner and operator of FAVIM.COM, an online photo sharing community. Registered members of Favim can create online albums and upload graphic files to these albums.
Favim Holdin Limited reserves the right to modify any part of this Agreement at any time in its sole discretion, this includes but is not limited to the graphic file storage term, and any Favim functionality. Any modification is effective immediately upon posting on this page. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services by closing your account. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.
Your use of the services provided by Favim is subject to the following agreement. Violations of this agreement may result in termination of your account with or without notice. Favim recommends that members maintain their own backups of any 'irreplaceable' content, as Favim cannot warrant that no loss or corruption of data shall occur.
Use of Favim is limited to persons at least 13 years of age. Nobody under the age of 13 is allowed and no information of any person under the age of 13 will be knowingly collected by Favim. If you become aware of any person under the age of 13 who uses Favim, please contact us at firstname.lastname@example.org to report such occurrences. Favim will immediately delete any information of and/or any accounts that we believe to belong to users under the age of 13.
Membership is available to anyone who provides all required information including your name, and an accurate and legitimate email address.
You may not use Favim (1) in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of Favim, its affiliates, or subsidiaries, (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by Favim.
As used herein, "content" shall mean all text, graphics (including avatars), photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with Favim.
You are prohibited from storing, posting, distributing or transmitting any unlawful content at Favim. Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, any kind of pornography, and copyrighted, trademarked and other proprietary material used without proper authorization.
As used herein, "pornography" shall mean any explicit depiction or exhibition of sexual activity and/or sexual imagery that is intended to stimulate erotic, rather than PURELY aesthetic or emotional feelings.
Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of Favim and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you can not upload images for which you don't have copyrights. Read carefully 10 Big Myths about copyright explained by Brad Templeton.
Protection of Intellectual Property
Favim complies with The Digital Millennium Copyright Act (“DMCA”), respects the intellectual property rights and requires that all users respected DMCA and intellectual property rights of others. By using Favim services you certify that your use does not infringe upon anybody’s intellectual property. Favim has been and will continue to vigorously enforce DMCA and to respond quickly to any allegations of intellectual property infringement.
Favim does not allow any copyright infringement and will, if notified properly and if not satisfied with a response by an accused party, remove or disable access to such content. Favim reserves the right to remove or disable access to content without prior notice as well as to terminate accounts and/or Favim membership of users whom Favim determines to be repeat infringers and/or violators of any other clauses of Favim Terms of Service.
Favim may be required to disclose information to individuals asserting rights under the DMCA. By using Favim you authorize Favim to release information about you if required by law or subpoena, without any notice to you. By using Favim, you agree that you, and not Favim, are responsible for any violations of any intellectual property rights in any content that you upload to Favim.
If you believe that you are the owner of intellectual property which was copied in such a way by someone on Favim site that such copying represents violation of your intellectual property rights, please contact form with the following information included in your Claim Letter (please note that ALL information listed below is required from you in order for us to act upon your complaint):
- Your/your company/organization name and contact information and a description of your rights including a signature of the owner of the claimed rights or a party duly authorized to act on behalf of the owner
- A description of the property in question which you claim to be yours including the URL (location) of the media on Favim Website and a statement that you have a good faith belief that the use of said material has not been authorized by the copyright owner, its agent, or the Law
- A statement by you (the owner or representative), made under penalty of perjury, that the above information in your Claim Letter is accurate and that you are either the owner of copyright or intellectual property or authorized to act on behalf of the owner.
Upon receipt of a proper notice as described above, Favim will confirm the existence of the alleged infringing content on Favim site, notify the user(-s) who posted the alleged infringing content, and take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from Favim site if Favim, at its sole discretion, deems evidence submitted in the claim sufficient and/or infringement obvious. A user who posted an alleged infringing content may respond to Favim notice by showing that either: (1) the infringing content has been removed or (2) the he/she has a an appropriate trademark registration or an appropriate valid license covering the use of the content or (3) that posting of the content does not, in fact, infringe upon the alleging party’s rights. If Favim determines, at its own full discretion, that the user who had posted content allegedly violating someone’s intellectual property rights, does not, in fact, infringe upon the alleging party’s rights and does not violate DMCA, then Favim will not remove, or will restore, the content in question.
Notwithstanding the foregoing, Favim will promptly comply with the terms of any court order relating to alleged trademark infringement by any user of Favim.
Favim may terminate any membership and delete any and all information, communications, postings, albums and image files at any time, without notice, for conduct violating this Agreement or other policies or guidelines set forth by Favim and elsewhere on the Favim web site.
In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be referred to a United States Arbitration and Mediation (USA&M) office to be designated by USA&M National Headquarters for arbitration in accordance with the applicable USA&M Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Favim shall not be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Copyright and Trademark
It is the obligation of the individual members to ensure that the posting of their photos is not violating any copyright. Members are solely responsible for the content of their photo albums. If you feel a member is violating your copyright, please contact that member.
Favim and Favim claim no ownership rights in the content you place on your Favim albums. We will not use Member's images for marketing purposes or any other purposes without obtaining the Member's express permission.