Terms & Conditions

Description of service

100 ASA, Inc. (“100 ASA”, “we”, “us” or “our”) provides a platform via its website, messenger service and apps (the “Site”) to a community of registered users (“users” or “you”) to engage in a variety of activities, including to upload and display photographs and video (“Visual Content”) share comments, opinions and ideas, promote Visual Content collections, participate in contests and promotions, register for premium membership accounts (“Premium Accounts”), and license Visual Content to other users through our distributors (individually and collectively, the “Services”). The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.

Acceptance of Terms

By using the services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by these terms as well as our privacy policy and all applicable laws. If you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf any such person(s), discontinue the registration process, discontinue your use of the services, and, if you are already registered, cancel your account.

Modification of Terms

100 ASA reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, 100 ASA will notify you by posting an announcement on the Site. What constitutes a material change will be determined at 100 ASA’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.

In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. 100 ASA reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Visual Content at any time at its sole discretion and without prior notice. 100 ASA may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.

Registration

As a condition to using Services, you are required to open an account with 100 ASA and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account. Any personal information that you provide to 100 ASA is governed by the 100 ASA Privacy Policy.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your 100 ASA account.

Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register for Premium Accounts or license Visual Content through 100 ASA, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Visual Content containing nudity and violence that may be offensive to some.

The Services are for use by a) individuals who own Visual Content; b) entities that represent owners of Visual Content including but not limited to galleries, agents, representatives, distributors other market intermediaries; and c) individuals and entities seeking to license Visual Content. We are currently not accepting illustration and graphic design content to upload on the Site. If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self-advertising.

User conduct

All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not 100 ASA, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through 100 ASA’s messenger service. 100 ASA does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 100 ASA. By way of example, and not as a limitation, you agree not to use the Services:

  1. To abuse, harass, threaten, impersonate or intimidate any person;
  2. To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  3. To communicate with 100 ASA representatives or other users in an abusive or offensive manner;
  4. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  5. To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any 100 ASA user;
  6. To create or transmit unwanted ‘spam’ to any person or any URL;
  7. To create multiple accounts for the purpose of voting for or against users’ Visual Content;
  8. To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
  9. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  10. To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;
  11. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  12. To promote or sell Visual Content of another person unless you are expressly authorized to do so; or
  13. To sell, assign or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to 100 ASA at email: info@100asa.co.uk.

You are solely responsible for your interactions with other users of the Site, including any communications that you exchange through 100 ASA’s messenger service. 100 ASA reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through 100 ASA’s messenger service, based on any reports that 100 ASA receives alleging the violation of these Terms through the use of 100 ASA’s messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.

If the Services or Site are used in a manner that violates the Terms in any way, 100 ASA may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.

Visual content submitted or made available for inclusion on the service

Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. By submitting Visual Content to the Site, you are granting 100 ASA a worldwide, non-exclusive license to use the Visual Content and license Visual Content through its distributors, and are representing and warranting to 100 ASA that the Visual Content is either owned by you or you are authorized to represent or distribute the Visual Content, and that 100 ASA is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of 100 ASA’s agreement to allow you to use the Services, you acknowledge that:

  1. You acknowledge that:
    • Any Visual Content uploaded to your account must be photographed by you;
    • By posting Visual Content to the Site, you grant to 100 ASA a non-exclusive or exclusive, transferable, fully paid, worldwide license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site, subject to the terms of any license granted by an authorized 100 ASA distributor;
    • The license granted to 100 ASA includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the required credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to 100 ASA, subject to any credit requirements governing the licensing of Visual Content pursuant to the Contributor Agreement (notwithstanding the foregoing, no inadvertent failure to provide appropriate attribution shall be considered a breach of these Terms);
    • 100 ASA and its distributors have the right to modify, alter and amend photo titles, descriptions, tags, metadata and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
    • 100 ASA uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Visual Content posted on the Site. Notwithstanding this, 100 ASA makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. 100 ASA does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site and you hereby expressly authorize 100 ASA to permit users and visitors to the Site to make such low resolution copies of the Visual Content; and
    • Subject to the foregoing terms, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by you, unless reflected otherwise in a separate agreement with 100 ASA.
  2. You represent and warrant that:
    • You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the Site;
    • You have the full and complete authority and right to enter into this agreement and to grant to 100 ASA the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by 100 ASA of the Visual Content as contemplated herein;
    • You are not violating or breaching any agreement with any other party by submitting Visual Content to 100 ASA; and
    • The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
  3. You do not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against 100 ASA, all of which such rights are hereby expressly and irrevocably waived by you in favor of 100 ASA.

Fair storage policy

100 ASA maintains a fair storage policy to ensure stable and fast service to all users. The storage limits set forth in the Terms may be changed from time to time without notice and you are responsible for complying with such changes.

Accounts are limited to a maximum number or photos depending on their role - max 10GB for each user (for more info about photo upload allowance please refer to What is reputation ). Any additional storage may result in restrictions on your account including limited access to your Visual Content or a requirement to upgrade if the limit is exceeded for several months.

Links

The Services may provide, or third parties may provide, links to other sites or resources. Because 100 ASA has no control over such sites and resources, you acknowledge and agree that 100 ASA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 100 ASA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release and indemnity

You hereby expressly and irrevocably release and forever discharge 100 ASA, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless 100 ASA, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services or Premium Accounts, by you or any person using your account or 100 ASA Username and password, (iv) the licensing or use of your Visual Content, or (v) any violation of any rights of a third party. 100 ASA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Trademarks

100 ASA, 100asa.co.uk and other 100 ASA graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 100 ASA. 100 ASA’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 100 ASA. The images and icons available in the 100 ASA icon pack may be used by partners and third party sites in connection with providing appropriate links to the 100 ASA Site so long as they are used in a manner that is consistent with 100 ASA’s requirements.

Termination

100 ASA may terminate or suspend any and all Services and/or your 100 ASA account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your 100 ASA account, you may simply discontinue using the Services (subject to termination provisions specific to Premium Accounts). All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Visual Content from your account and/or Premium Account prior to termination. Upon termination of your account, 100 ASA will automatically remove all Visual Content posted to your account.

Warranty disclaimer

You use the site and the services at your own risk. The site and the services are provided on an “as is, as available” basis. 100 asa expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. 100 asa disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from this site and the services, including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party websites or content directly or indirectly accessed through links in the site, including but not limited to any errors or omissions, (d) the unavailability of all or any part of the site or the services, (e) your use of the site or the services, or (f) your use of any equipment or software in connection with the site or the services.

Limitation of liability

Except as otherwise provided by law, neither 100 asa nor any of its affiliates, parents, subsidiaries, authorized distributors, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the site, any facts or opinions appearing thereon, or the services. 100 asa shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the site or services. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, 100 asa’s sole obligation to you for damages shall be limited to us$100.00.

You and 100 asa agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of 100 asa and all parties to any such proceeding.