Terms and Conditions of Use
|1. ACCEPTANCE OF TERMS |
Welcome to Photoshoot360.com. Photoshoot360.com provides its service to you, subject to the following Terms and Conditions of Use ("TACOU").
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE DESCRIBED BELOW AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
If you have any questions regarding the use of the Site, please refer first to the Help! Page. If you have any other questions or comments about the Site or its contents you should Contact Us directly.
2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PHOTOSHOOT360.COM IS NOT A REAL ESTATE BROKER OR AGENT, AND IS NOT REGISTERED AS A REAL ESTATE AGENCY. PHOTOSHOOT360.COM DOES NOT REPRESENT THE BUYER OR THE SELLER AND RECEIVES NO COMMISSION ON THE SALE OF PROPERTIES LISTED IN THIS SERVICE. PHOTOSHOOT360.COM ASSUMES NO RESPONSIBILITY, AND MAKES NO GUARANTEE, IMPLIED OR OTHERWISE, FOR THE ACCURACY OR VALIDITY OF INFORMATION CONTAINED IN ANY DATABASE OR ADVERTISEMENT. ALL INFORMATION CONTAINED IN THE DATABASES OR IN THE ADVERTISEMENTS HAS BEEN PROVIDED BY THE SELLER. PHOTOSHOOT360.COM IS NOT LIABLE FOR TYPOGRAPHICAL ERRORS, MISPRINTS, OMISSIONS, OR MISINFORMATION IN ANY DATABASE OR ADVERTISEMENT. PROPERTIES ADVERTISED ON THIS SITE ARE SUBJECT TO THE FEDERAL FAIR HOUSING ACT OF 1968 AS AMENDED. PHOTOSHOOT360.COM DOES NOT KNOWINGLY ACCEPT OR PUBLISH ANY ADVERTISEMENT WHICH IS IN VIOLATION OF THIS ACT.
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED OVER THIS SITE. THIS SERVICE IS PROVIDED TO YOU "AS IS." PHOTOSHOOT360.COM AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED ON, OR SOLD THROUGH THIS SERVICE). NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PHOTOSHOOT360.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF PHOTOSHOOT360.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO THE SERVICE FOR USE OF THE SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
3. CHAT ROOM AND GUESSBOOK
Photoshoot360.com cannot and does not review every posting made in the chat room and guessbook. You may read any given posting before anyone on the Photoshoot360.com staff does, therefore you should ignore any derragatory statements, they will be deleted.. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, a Photoshoot360.com columnist, or a visiting expert. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted in the chat room and guestbook, on Photoshoot360.com lies with each user. You alone are responsible for material you post. By using Photoshoot360.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Photoshoot360.com. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
Although Photoshoot360.com cannot monitor all the postings in the chat room and guestbook, 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, whether for legal or other reasons. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Photoshoot360.com. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.
You will not use the service to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Photoshoot360.com, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner.
No spamming. We want potential buyers visiting Photoshoot360.com to feel free sharing their email addresses with those listing property for sale on our service. By listing property for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that property. You agree not to gather these email addresses for purposes of spamming.
By submitting material to Photoshoot360.com you are permanently granting us all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of this Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Photoshoot360.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Photoshoot360.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Photoshoot360.com is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will enter a username and password to enter any of the databases on this service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Photoshoot360.com of any unauthorized use of your password or account or any other breach of security. Photoshoot360.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not Photoshoot360.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via
the Service. Photoshoot360.com does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Photoshoot360.com be liable in any way for
any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
You agree to indemnify and hold Photoshoot360.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TACOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Photoshoot360.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days message board postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Photoshoot360.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Photoshoot360.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Photoshoot360.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Photoshoot360.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Photoshoot360.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Photoshoot360.com, in its sole discretion, may terminate your password, account (or any part thereof ) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Photoshoot360.com believes that you have violated or acted inconsistently with the letter or spirit of the TACOU. Photoshoot360.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TACOU may be effected without prior notice, and acknowledge and agree that Photoshoot360.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Photoshoot360.com shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Photoshoot360.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Photoshoot360.com has no control over such sites and resources, you acknowledge and agree that Photoshoot360.com 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 Photoshoot360.com 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.
16. PHOTOSHOOT360.COM' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Photoshoot360.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TACOU or other matters by displaying notices or links to notices to you generally on the Service.
18. GENERAL INFORMATION
The TACOU constitute the entire agreement between you and Photoshoot360.com
and govern your use of the Service, superceding any prior agreements
between you and Photoshoot360.com. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TACOU and the relationship
between you and Photoshoot360.com shall be governed by the laws of the
State of Nevada without regard to its conflict of law provisions. You
and Photoshoot360.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Las Vegas, Nevada.
The failure of Photoshoot360.com to exercise or enforce any right or
provision of the TACOU shall not constitute a waiver of such right or
provision. If any provision of the TACOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TACOU remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the TACOU must be filed within one (1) month
after such claim or cause of action arose or be forever barred.
The section titles in the TACOU are for convenience only and have no
legal or contractual effect.
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