Fotki Picture Hosting Did anyone get this or is it spam, those who use

Started Jun 8, 2012 | Discussions thread
stucs201
Regular MemberPosts: 368
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Re: Did anyone read their terms of service contract?
In reply to zackiedawg, Jun 11, 2012

zackiedawg wrote:

FOTKI, INC. 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 Fotki 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.

They've not posted anything on that page. They've changed terms without using their own specified method of making such changes. They're in breach of contract.

Force Majeure - Fotki 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.

There's the clause the owner has already alluded to in his e-mail responses and posts here...and indeed, it's in their TOA.

Yes I've seen him claim 'Force Majeure'. It doesn't apply. Its to cover things outside their control. Spending money paid for services before ensuring that costs incurred in providing those services are covered is not outside their control. Its their screw-up, their responsibility.

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