THE PHOTO ACCESS / THEPHOTOACCESS.COM
ACCESS AND LICENSE
The content provided on our website is for educational and informational purposes only, which is to be used solely for your own use, and not for the use or benefit of a third party. At not time is content to be construed as advice of any kind. Content and services may include, but not be limited to: Our website; services; apps; or content downloaded from any third party authorized application stores (e.g., iTunes® store; Google Apps; etc.); or any other material or Service offered through Our website.
We grant each user of our website, and/or app, a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use, and any other use is strictly prohibited without Our permission. You may review, read, or download for caching purposes, or print pages from Our website for your own use as provided within this agreement, but you must not: republish content; sell, rent, license, reproduce, duplicate, or copy or otherwise use or exploit any Content for commercial use; attempt to edit or modify content from this website; or redistribute material from this website; without our express written permission.
Users may also post links or content from your website within Our website or services. Therefore, You grant Us permission to use and allow others to use such links and content within our services.
REGISTRATION AND ELIGIBILITY
You may browse Our website and view Content without registering, but as a condition to using certain aspects of Our website, you may be required to register. Therefore, you warrant and promise that you are over the age of thirteen (13), and providing Us with accurate and complete registration information: Your user name; e-mail address; and password. It is your responsibility to maintain your registration information and keep it up-to-date. Failure to do so is a breach of these Terms which may result in the termination of your account.
You are prohibited from: creating multiple accounts (one account per user); creating an account for anyone other than yourself without that person’s permission; utilizing a User name that belongs to another with the intent of impersonation; utilizing a User Name or account that belongs to another without authorization; or utilizing a User Name that would be considered offensive, vulgar, obscene, or unlawful.
We reserve the right to refuse registration of, or cancel a User Name at any time. You are responsible and liable for activity that occurs on your account and are expected to keep your account password confidential. You must immediately notify Us in writing: if you believe your account has been hacked; there is unauthorized activity on your account; or your account security has been breached.
You are responsible for any and all content that you upload, or download, whether publicly posted or privately transmitted. We cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you, whether accessing Our website or using Our services, is at your own risk and you accept responsibility and liability for any damages or losses to you or any other party. The term “Content” includes and is not limited to: location information; video, audio, or media clips; comments; information; data; text; photographs; graphics; and any interactive features generated, provided, or otherwise made accessible by Us or through Our website. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained by users, including Content that is added to Our website with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”
We retain all rights, title and interest to Our own Content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree not to infringe upon those rights and to abide by and maintain all copyright notices, information, and restrictions contained in any Content in relation to our app or services.
We may use your User Submissions in any way to promote our business, including but not limited to: public displays; reconstruction or deconstruction; incorporation into marketing and advertising materials; promoting and/or distribution; and allowing other users to do the same in connection with their own websites, platforms, and applications.
By making submissions through Our website, you hereby grant Us as well as any third party, or affiliate, a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit said Content. You certify and agree that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through Our website, is your sole responsibility and that we will not be liable for any errors or omissions in any Content submitted.
RULES AND CONDUCT
You agree not to use Our website or services for any improper, illegal, or prohibited purpose. Harassment, bullying, obscenities, pornography, bigotry and violence is strictly prohibited. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use Our website to copy, store, host, transmit, send, use, publish or distribute any material which may contain or is linked to: spyware; malware; viruses; a Trojan horse; worm; or any other malicious computer software. Nor must you conduct any systematic or automated data collection activities, including but not limited to: scraping, data mining, data extraction and data harvesting, on or in relation to this website.
THIRD PARTY SITES AND SERVICES
Our website may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site.
Accessing third party websites is done at your own risk. We have no control over third party websites, and you acknowledge that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites or resources.
To the extent required by law, We have no no special relationship with or fiduciary duty to you. Our website is provided “as is”, without any express or implied warranty or guarantee. You acknowledge that We have no control over and no duty to take any action regarding: which users gain access to Our apps and services; what Content you access via Our website; what effects this Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You agree to release Us from all liability from having acquired or not acquired Content through Our website.
Our app and services may contain or direct you to websites containing information that some people may find offensive or inappropriate. We makes no warranty or representation concerning any Content contained in or accessed through Our app or service, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Our app or service.
You agree to release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, and We make no representations or warranties as to the conduct of users or the veracity of any information provided.
LIMITATION OF LIABILITY
You agree We are not liable to you (in any way whatsoever) in relation to the content of, or your use of, Our website. Further, you understand that we are not responsible for any: direct, indirect, special, or consequential losses; business losses; loss of revenue, income, profits, or anticipated profits; loss of contracts, business relationships; loss of reputation and or goodwill; or loss/corruption of any information or data. These limitations of liability apply even if We have been expressly advised of the potential loss.
Nothing in this disclaimer will exclude or limit any express or implied warranty wherein it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Our liability in any manner as it relates to: death or personal injury; fraud or fraudulent misrepresentation; any matter which it would be illegal or unlawful for Us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You may contact THE PHOTO ACCESS / THEPHOTOACCESS.COM., at the following address:
Effective Date: May 21st, 2014