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AGREEMENT BETWEEN USER
AND Portraits In The Sand
The Portraits In The Sand Web Site is comprised of various Web pages operated
by Portraits In The Sand.
The Portraits In The Sand Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Portraits In The Sand Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Portraits In The Sand reserves the right to change the terms, conditions, and
notices under which the Portraits In The Sand Web Site is offered, including
but not limited to the charges associated with the use of the Portraits In The
Sand Web Site.
LINKS TO THIRD PARTY SITES
The Portraits In The Sand Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Portraits In The Sand
and Portraits In The Sand is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Portraits In The Sand is not responsible for webcasting
or any other form of transmission received from any Linked Site. Portraits In
The Sand is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Portraits In The Sand of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Portraits In The Sand Web Site, you warrant
to Portraits In The Sand that you will not use the Portraits In The Sand Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Portraits In The Sand Web Site in any manner
which could damage, disable, overburden, or impair the Portraits In The Sand
Web Site or interfere with any other party's use and enjoyment of the Portraits
In The Sand Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Portraits In The Sand Web Sites.
USE OF COMMUNICATION SERVICES
The Portraits In The Sand Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not
-
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
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Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
-
Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or
have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the
operation of another's computer.
-
Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes
or chain letters.
-
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained
in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying
the Communication Services.
-
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
-
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
-
Violate any applicable laws or regulations.
Portraits In The Sand has no obligation to monitor the Communication
Services. However, Portraits In The Sand reserves the right to
review materials posted to a Communication Service and to remove
any materials in its sole discretion. Portraits In The Sand reserves
the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Portraits In The Sand reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Portraits In The Sand's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Portraits In The Sand
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Portraits In The Sand specifically disclaims
any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized Portraits In The Sand spokespersons, and their views do not necessarily
reflect those of Portraits In The Sand.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO Portraits In The Sand OR POSTED AT
ANY Portraits In The Sand WEB SITE
Portraits In The Sand does not claim ownership of the materials
you provide to Portraits In The Sand (including feedback and
suggestions) or post, upload, input or submit to any Portraits
In The Sand Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Portraits In The Sand, its
affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Portraits In The Sand is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Portraits In The
Sand's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Portraits In The Sand WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Portraits In
The Sand AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Portraits
In The Sand WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Portraits In The Sand
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Portraits In The Sand AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE Portraits In The Sand
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Portraits In The Sand AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Portraits
In The Sand AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Portraits In The Sand
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Portraits In The Sand WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Portraits In The Sand WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Portraits In The Sand WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Portraits In The Sand OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Portraits In The Sand WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Portraits
In The Sand WEB SITE.
SERVICE CONTACT: 3lenses@portraitsinthesand.com
TERMINATION/ACCESS RESTRICTION
Portraits In The Sand reserves the right, in its sole discretion, to terminate
your access to the Portraits In The Sand Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating
to the use of the Portraits In The Sand Web Site. Use of the Portraits In The
Sand Web Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Portraits In The Sand as a result of this
agreement or use of the Portraits In The Sand Web Site. Portraits In The Sand's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Portraits In The
Sand's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Portraits In The Sand Web Site or
information provided to or gathered by Portraits In The Sand with respect to
such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Portraits In The Sand with
respect to the Portraits In The Sand Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and Portraits In The Sand with respect to the Portraits In The
Sand Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Portraits In The Sand Web Site are: Copyright 2007 by Portraits
in the Sand, Inc. | (302) 226-9226 and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product,
person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement.
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