FotoTime Terms of Service

FotoTime Terms of Service

Welcome to the FotoTime web site, provided to you by FotoTime, Inc. ("FotoTime"). Please review the following terms of service before using this Site and/or FotoAlbum Software. FotoTime reserves the right to modify the terms of service at any time and without notice.

This agreement governs the user and member services on this Site and FotoAlbum software. Use of this Site constitutes acceptance of these terms and creates a binding legal agreement wherein you agree to use the Site and software in a manner consistent with all applicable laws and according to the terms and conditions listed below.

Terms of Membership

FotoTime has two membership plans that you can select from, a basic membership and a subscription membership. A Basic membership is FREE, it includes 500 MB of storage space. A Subscription membership includes 8GB of storage space for FotoShare users or 16GB or storage space for FotoStudio users.  Subscription memberships also include additional features.

A valid e-mail address is required, and the account must be validated within 24 hours of registration, or it will be de-activated. Once a member has registered, they will be able to create albums to organize and share their photographs. Both Basic and Subscription membership plans get a free license to use the subscriber edition of FotoAlbum during the subscription period. Subscribers also get a discounted price to upgrade to FotoAlbum Pro.

  • Membership and the FotoTime service is also governed by the FotoTime Privacy Statement. Please click here to review our Privacy Statement.

FotoTime claims no ownership rights to the photographs uploaded to your account. Members do grant to FotoTime, Inc. any permissions necessary to manage your pictures including but not limited to:

  • FotoTime has the rights to show your photos to visitors of your account
  • FotoTime has the right to back them up during standard system backups
  • FotoTime has the right to remove photos if we find that you do not own them (someone else has copyrights to them).
  • FotoTime can send your photos to a third party for printing if you or one of your guests orders prints from your account

FotoTime will not use any Member's images for any promotional purpose without obtaining the Member's permission.

Storage Limit

The FotoTime membership plan governs how many pictures you can store on FotoTime. A basic membership includes 500 MB of online storage. A subscription membership includes 8GB of storage space for FotoShare users or 16GB or storage space for FotoStudio users. A subscription membership can be upgraded at any time to include more space than what you originally purchased. Subscription upgrades prices are pro-rated until the end of you subscription term. Disk space is based on actual disk space used by the files in your account, not by the number of pictures you have.

Members are advised to backup all content stored on FotoTime, and to not rely on FotoTime as a backup source for photographs. FotoTime assumes no responsibility for loss of any data stored by a Member on this Site, nor makes any representation, express or implied warranty or guarantee as to the length of time that a Member's data will be stored after an expired membership.

Storage and Inactivity

A FotoTime basic membership provides continual free usage for free on-line sharing of images as long as the account stays active. If your free membership goes inactive for a 12 month period, an notice will be sent to the account's e-mail address notifying you that your account will be purged unless it becomes active again (activity is defined as uploading, removing, or changing content within your account). FotoTime is not responsible for the account owner not receiving their notice of inactivity and subsequent account termination.

A FotoTime subscription membership provides 12 months of on-line sharing of images from the date the membership was purchased. If the subscription membership expires and is not renewed, the account will revert back to a basic membership, and the account will be subject to the basic membership storage and inactivity rules.

Bandwidth Limits

FotoTime monitors the bandwidth used by each account on a monthly basis. FotoTime limits the monthly bandwidth usage for subscription accounts to five times the amount of space for your membership plan. For example, if your storage plan included 8GB of storage, your montly bandwidth allotment would be 40GB of transfers each month before corrective measures are taken.

For the basic or ad-sponsored membership (500 MB), bandwidth is limited to four times the amount of your storage space, or a total of 2000 MB of transfers each month before corrective measures are taken.

The following corrective actions will be taken when an account exceeds it's monthly bandwidth limit:

  • Turning off the sharing of videos
  • Reducing the size of pictures that are shared on 3rd party sites such as EBay auctions or other web communities.

Accounts that exceed the bandwidth allotment will be set back to complete functionality at the beginning of the next month.

FotoTime does retain the right to remove any pictures that cause an excessive amount of bandwidth to be used. Most often the type of material that causes bandwidth problems also falls within the "Inappropriate Content or Use" section below.

Inappropriate Content or Use

FotoTime does not control the content of any Member pictures and does not have any obligation to monitor such content. Therefore, all content is the responsibility of the Member, not FotoTime.

The following uses of FotoTime are strictly prohibited. Any member's account that contains material that violates these guidelines can be removed without notice.

  • Photographs that contain nudity and/or pornographic material of any kind.
  • Photographs or content that contain bigotry, prejudice, racism, hatred or profanity.
  • Photographs for which you do not own the copyrights to.
  • Material that is unlawful, threatening, harmful, obscene or otherwise objectionable.
  • Any material that references a site that promotes any of the above.
  • Any use of camouflage type programs to hide other files within your pictures.
  • Free membership accounts cannot use FotoTime to link back to their websites or promote non photographic businesses (a paid subscription membership must be used).

Free membership accounts cannot be used in efforts to advertise businesses, link to back to business websites, or to create links to improve SEO rankings. We consider this as spam and will remove your content and purge your account without notice. If you want to use FotoTime in this manner, you must use a subscription membership. The only exception is for photographers linking back to personal websites that promote their photography business.

Termination of Service
  1. FotoTime may terminate Membership and delete all Member's content without notice, for conduct violating this Agreement or other guidelines set forth by FotoTime.
  2. FotoTime reserves the right to disclose any information posted by any user in order to satisfy any law, regulation or governmental request.
  3. FotoTime may terminate Membership and delete all Member's content without notice, for conduct that FotoTime believes is harmful to FotoTime's business.
Disclaimer of Warranty and Limitations of Liability
  1. THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "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. FOTOTIME DISCLAIMS ANY WARRANTIES FOR THE RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. FOTOTIME DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. FOTOTIME SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
  2. YOU AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE USE OF SUCH MATERIAL.
Reporting Violations of these Terms of Service

Any violations of these Terms of Service should be immediately reported to FotoTime.