1. These Terms of Use constitute an agreement between you and WebF1 Consulting, LLC. In this agreement, "we," "us," and "our" refer to WebF1 Consulting, LLC/PhotoPoints and/or its representatives; "you" and "your" refer to you and to anyone who you allow to use your account; and "contribution" and "contributions" refers to any photographs, critique/ratings, forum posting you have submitted to PhotoPoints.
   
   
2. You, the photographer, must be the copyright holder for any photograph, or any other material, you submit to PhotoPoints.
   
   
3. You may not submit a public domain image.
   
   
4. You, the photographer, must have sufficient permission of any recognizable model or persons appearing on photographs. If PhotoPoints is notified by a model about a photo which the model does not want to be on the site, the photographer will be asked to remove the photo. The photographer will have the choice to either: a) provide a signed release which allows him/her to publish the photo in question, or b) the photographer will have to remove the photo.
   
   
5. Only submissions of photographs generated by a light gathering device (camera, scanner, etc.) are allowed to be submitted to PhotoPoints. Works of art created by other means are not allowed.
   
   
6. You may not use spamming techniques such as cut and paste critiques/comments or an inordinately high amount of critiques/comments in a given time period. If site administration determines that an individual's behavior is interfering with others ability to enjoy the site, or if consistent complaints are received about an individual, a warning notice will be issued. If the warning notice is not heeded, the account will be suspended for a period of time.
   
   The best way to get feedback on your work is to thoughtfully critique the work of others. There is no need to ask others to see your work when you write your critiques. Some may be offended by this request and it's unnecessary because people will naturally click on your name to see your work once they read your critique.
   
   
7. You are not allowed to use profane language, disparaging remarks or insults in PhotoPoints (photo descriptions and comments, forum posts, PMessages, e-mails sent via PhotoPoints, etc..) or any other material that infringes on the ability of others to enjoy the site or that infringes on the rights of others. We reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate for any reason. If consistent complaints are received about an individual, a warning notice will be issued. If the warning notice is not heeded, the account will be suspended for a period of time.
   
   
8. This site may not be used to promote political or religious beliefs. If you are a photojournalist photographer, you may submit pictures which depict political or religious controversy, but you may not create controversy on this site.
   
   
9. You may not submit photos that promote racism, cruelty, or hatred.
   
   
10. Submission of pornographic/obscene material is NOT permitted on this site. Submission of nudes IS permitted. See below the definition of what constitutes obscene material as it relates to PhotoPoints. This term also applies to external links posted on the site.
    
    
11. Submission of child pornography or child erotica is NOT allowed on this site. All controversial photos of children will be deleted at the discretion of site administration. This includes photos that are submitted with good intention, but which have the effect of creating offense and/or controversy. This term also applies to external links posted on the site.
    
    
12. All critiques, ratings, comments and forums posting (but NOT your photographs) become part of PhotoPoints. Please review the Copyright page for more information on copyright ownership. At no point in time may anyone use any information provided/displayed in this site without the previous consent of PhotoPoints.
    
    
13. You must understand the Rules and Membership Information as they are an important part of how the system works, and how you should proceed before submitting photographs, comments, ratings, critiques and forum messages.
    
    
14. The forums should be used to communicate about any subject that is appropriate for group discussion. The forums are not to be used to air concerns that are best kept between individuals nor are they a venue for personal attacks on other members, either on an individual or on a group of individuals.
    
    Neither are the forums to be used to discuss personal preference choices (i.e. CO, Points/Comments, Point/ Critiques, ICP) in a way that could give rise to the idea that one choice is superior to another choice.
    
    Members of a particular Site Area are not allowed to discuss other Site Areas in the forums. If you have a questions about the rules on a particular Site Area after you read the help window in the Profile page.
    
    Critiques about the site, as well as discussions of problems or possible improvements will be welcome in the forums, particularly if accompanied by suggestions for improvement. However, the Administration reserves the right to delete postings or threads which might create a conflicting climate among members.
    
    Amendment to this term: PhotoPoints will not be used to air concerns that are best kept between individuals nor is any place on the site a venue for personal attacks on other members, either on an individual or on a group of individuals.
    
    
15. You may have only one account in PhotoPoints.
    
    
16. PhotoPoints may choose to automatically delete photographs which have been in the system exceeding a certain amount of time in order to conserve resources. If we choose to do so, your points will not be altered. We may also choose to keep the thumbnail (see 17 below) of your picture for display purposes.
    
    
17. You may delete your photographs at any time. This will delete the picture, thumbnail, points and any critiques or comments associated with the photograph.
    
    
18. Violation of any of these terms may cause your account to be inactivated. If your account is inactivated due to term violations your membership WILL NOT be refunded.
    
    
19. PhotoPoints will not be responsible for system malfunctions, network delays or any other technical difficulty.
    
    
20. System administrators for PhotoPoints and their families are not eligible to participate in Featured Photo, Photo of the Week, Jury Photo of the Month or PCOM.
    
    
21. User acknowledges that uploaded images are visible by any person visiting Photopoints, and that PhotoPoints and WebF1 Consulting, LLC cannot fully protect users' images from copyright violations. PhotoPoints will do the following to prevent copyright violations: a) remove user accounts of users who have violated copyright law and b)  hide the image location. These are the sole and exclusive remedies available to the User in the event of a copyright violation. User agrees that in the event of a copyright violation by the User, User will indemnify and hold harmless PhotoPoints or WebF1 Consulting, LLC.
    
    
22. If you are under 13 years of age you may not use this site, even if you have your parents' permission.
    
    
23. The Photo of the Month (POM) process will not be ridiculed in the forums, photos or any publicly accessed area of the site. Ridiculing the POM is ridiculing the people who win, the people who serve on the jury and all members who are part of this site. To learn about the POM process, take a look at the FAQ.
    
    

24. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
    

25. These terms may change at any time. It is important that you check back here periodically.
    

26. It is your responsibility to allow PhotoPoints emails to reach you. PhotoPoints might send you emails from the PhotoPoints.com domain or from the EpicHelp.com domain.
    

27. Use of Featured Photo seal and URL: When a feature photo achieves the status of Featured Photo of the Day, Featured Photo of the Week, or Featured Photo of the Month, it is eligible to receive a seal indicating so. The seal will be given to a photo that reaches one of these achievements as long as the member is a paying member. In addition to the seal, the photographer who submits the photo will see a direct link to the photo he/she can use to promote his/her photo.
    
    The seal(s) may be used by the photographer on his/her site as long as it is used in the following manner.
    
    1) The seal cannot be copied from our site to the photographer's site. Instead the seal may be displayed using the HTML provided below.
    
    2) The seal can only be used by a paying member. If the premium membership expires, the seal must be removed from the photographer's site.
    
    Small Seals (100 x 100)
    
    
    
    
    
    
    
    Large Seals (154 x 154)
    
    
    
    
    
    
    
    The only acceptable deviations from the code above are the following:
    
    1) You may change the href to point to your BIO page in PhotoPoints, a particular album in PhotoPoints, or to point to a particular photo which has received the seal.
    
    2) You may include a target attribute in the tag to open PhotoPoints in a different window.
    
    The direct link provided to the photographer may be used in the following manner.
    
    1) It can be used in an email to friend, associates, customers, etc.
    
    2) It can be used on the photographer's site.
    
    The direct link provided to the photographer may NOT be used in the following manner.
    
    1) The link will not be used in PhotoPoints to promote the photo by using statements such as the "come and see my picture"

Obscenity is not protected by the First Amendment. The "Miller Test" applies to actual or simulated sexual materials and lewd genital exhibitions. See Miller v California, 413 U.S. 15, at 24-25 (1973); Smith v United States, 431 U.S. 291, at 300-02, 309 (1977); Pope v Illinois, 481 U.S. 497, at 500-01 (1987), providing the three-pronged constitutional criteria for federal and state laws and court adjudications:

1) Whether the average person, applying contemporary adult community standards, would find that the material, taken as a whole, appeals to a prurient interest in sex (i.e., an erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid interest in nudity, sex, or excretion); and
2) Whether the average person, applying contemporary adult community standards, would find that the work depicts or describes, in a patently offensive way, sexual conduct (i.e., ultimate sex acts, normal or perverted, actual or simulated; masturbation; excretory functions; lewd exhibition of the genitals; or sadomasochistic sexual abuse); and
3) Whether a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.