Terms & Conditions of Uploading Photos to the Beachfront Club
1. general
By uploading an image you guarantee that you have read these Terms & Conditions of Uploading Photos to The Beachfront Club and that you agree to abide by all clauses within these Terms and Conditions.
2. copyright ownership
By uploading an image to The Beachfront Club (BFC) website you guarantee that you are the legal owner of the copyright of that image, or have been awarded full and unrestricted rights from the copyright owner to upload and utilize the image for the purposes of this website.
3. third party rights
By uploading an image you guarantee that such use of the image in the BFC website does not violate the rights of any other party, does not result in a breach of contract between you and another party and that you accept responsibility for any royalties or fees due to any other party from the use of the uploaded image.
4. people seen in photos
By uploading an image you guarantee that any people clearly identifiable in the image have consented to have their image displayed, or that you have full rights to display the image in this manner and accept full responsibility for such use.
5. accepting and rejecting images
All images uploaded to this site will be assessed by an Editor of The Beachfront Club for suitability. This Editor will either reject or accept each image for posting to the site. Images that are rejected will be deleted from the website entirely, with no copies remaining in the BFC system. The decisions of the Editor are irrevocable.
6. responsibility for content
When uploading an image you are solely responsible for their content and for any offence, claims or damages that arise from the content of those images. The approval and posting of images to the site by an Editor of the BFC in no way alters or diminishes your responsibility and does not transfer any responsibility for the content of the image to the BFC or the Editor who approves the image for posting.
7. rights granted to BFC
The Beachfront Club does not claim any copyright or any kind of ownership rights to the images you upload to the website. However, by uploading an image to the website you thereby grant to the BFC full rights to publically display, copy, reproduce and distribute the image globally on its website or any associated website in perpetuity.
8. no derivative works of user images
The Beachfront Club guarantees that it will not create any derivative work from your images nor modify the content without your consent, though it reserves the right to crop images or to make adjustments to the brightness, exposure, colours or general appearance of any image that it believes warrants such adjustment for the purpose of better display.
9. no commercial sales or use of images
The Beachfront Club will use images that you upload to its site only for the purposes of this website and will not utilize nor will it authorize others to utilize such images for other purposes including sale, commercial exploitation or for other forms of financial gain without your consent.
10. selected images for promotions
The Beachfront Club may select certain images that you upload for promotional activities of the BFC's business, including but not limited to: for third party users to download as computer background or screen savers; for use in the BFC's own promotional materials either on-line or in printed form. Images used for such promotional activities will generally have both the logo of the BFC and the name of the photographer embedded within the image to promote both parties.
11. The Beachfront Club Photography Club membership
If you become a member of the BFC's Photography Club (under whatever name it is titled) you will be subject to additional terms & conditions stated in the 'Terms & Conditions of Membership in the BFC Photography Club' and will be bound by the terms of both agreements. Where there is conflict between any clause(s) in the two sets of Terms & Conditions the clauses in the 'Terms & Conditions of Membership in the BFC Photography Club' will become the overriding document.
12. location of images within the site
The Beachfront Club is much more than a photo display site, and every image uploaded will be assigned to illustrate a specific location or topic within the website (a beach, destination, country, hotel, restaurant, attraction, etc). While the user will first select the location on the website in which the image will display, the BFC has the right to change the location of display if deemed appropriate, or to display copies of images in additional locations.
13. display on profile page
Images you upload that are accepted by The Beachfront Club will be stored in a database attached to your username. When the BFC profiles are fully functional all images that you have had accepted by the BFC may be viewed on your profile page as well as in the location to which they were attached.
14. assignment of 'pearls' for photo uploads
Every image uploaded and accepted by The Beachfront Club will be awarded a points score - called 'pearls'. Most other community contributions or on-line actions within the BFC will also be awarded scores in 'pearls', and the accumulation of these will represent the level to which any member has risen in the BFC community. If you upload photos prior to the operation of this 'pearls-points' system you will not lose 'pearl-points'. When it comes into operation the system will count the 'pearl' scores of all photographs loaded into the database retrospectively.
15. display of name
The Beachfront Club considers photography a serious art form and wishes to help contributing photographers who wish to build their reputations. If you are a serious photographer you are encouraged to use your real name. The BFC will endeavour to make your name visible or available on every image from most locations in which it displays so that a large audience of beach-lovers and hotel managers worldwide will become familiar with your work and name.
16. sensitive settings
The content of some photos - particularly nudity on beaches - might be offensive to persons from cultures whose values differ from yours. Thus the BFC reserves the right to label photos its editors consider potentially offensive to some as 'sensitive' and to place those images in a private section of the website where an additional level of security is required for entry and viewing.
17. deletion of account
If for whatever reason you wish to delete your account and profile with The Beachfront Club any images or other content that you have uploaded may remain within the BFC database and system but your identity will be removed from it permanently. For more details on the deletion of accounts see the Privacy Policy.
18. indemnity from claims
You agree to indemnify and hold The Beachfront Club and its subsidiaries, affiliates, officers, employees and representatives free from any claim or demand made by any third party due to or arising out of your uploading to the BFC website of any images or from any violation of any other party's rights caused by the use of or the content within the images you upload.
19. updating these Terms & Conditions
These Terms & Conditions will be updated from-time-to-time and The Beachfront Club reserves the right to make changes as it deems necessary without giving notification. You are responsible for keeping yourself updated on any such changes herein that might affect you.