MYACTIONPHOTOGRAPHY.COM Terms of Service
Please read and abide by the terms and conditions of http://www.MYActionPhotography.com as set forth in this agreement. You must agree to these terms and conditions prior to joining http://www.MYActionPhotography.com.
The services that http://www.MYActionPhotography.com provide to Members are subject to the following Terms of Service ('TOU' or 'Agreement'). http://www.MYActionPhotography.com require that all persons or entities visiting this Website and those that become a Member agree to the TOU. Please read the TOU carefully before continuing on with your use of this Website or becoming a Member of the Website. The TOU shall govern the use of the Website and apply to all Internet traffic visiting the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
A. http://www.MYActionPhotography.com reserves the right to update the TOU at any time without notice to Member.
B. The right to use http://www.MYActionPhotography.com is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's Account (under any screen name or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's password(s), if any.
C. http://www.MYActionPhotography.com shall have the right at any time to change or discontinue any aspect or feature of http://www.MYActionPhotography.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the 'Terms of Service' hypertext link located or published at the bottom of our Web pages. http://www.MYActionPhotography.com shall have the right at any time to change or modify the terms and conditions applicable to Member's use of http://www.MYActionPhotography.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on http://www.MYActionPhotography.com, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of http://www.MYActionPhotography.com by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Member shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of http://www.MYActionPhotography.com and all charges related thereto.
5. MEMBER CONDUCT AND PROHIBITIONS
A. Member shall use http://www.MYActionPhotography.com for lawful purposes only. Member shall not post or transmit through http://www.MYActionPhotography.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without http://www.MYActionPhotography.com express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Member that in http://www.MYActionPhotography.com discretion restricts or inhibits any other Member from using or enjoying http://www.MYActionPhotography.com will not be permitted. Member shall not use http://www.MYActionPhotography.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Members to become subscribers of other on-line information services competitive with http://www.MYActionPhotography.com.
B. http://www.MYActionPhotography.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of http://www.MYActionPhotography.com are copyrighted as a collective work under the United States copyright laws. http://www.MYActionPhotography.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of http://www.MYActionPhotography.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. Member shall not upload, post or otherwise make available on http://www.MYActionPhotography.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of http://www.MYActionPhotography.com, Member automatically grants, or warrants that the owner of such material has expressly granted http://www.MYActionPhotography.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store, or reproduce the material for that Member's personal use. Member hereby grants http://www.MYActionPhotography.com the right to edit, copy, publish and distribute any material made available on http://www.MYActionPhotography.com by Member.
D. The foregoing provisions of Section 5 are for the benefit of http://www.MYActionPhotography.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES AND PROHIBITIONS
A. The Services may contain email services, bulletin board services, blog services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable Member to communicate with others (each a 'Communication Service' and collectively 'Communication Services'). Member agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Member agrees that when using the Communication Services, Member will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Member own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
- Download any file posted by another Member of a Communication Service that Member know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Falsify or delete any copyright management information, such as 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 Member 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 email addresses;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Members of the Services or other Member or usage information or any portion thereof.
B. http://www.MYActionPhotography.com has no obligation to monitor the Communication Services. However, http://www.MYActionPhotography.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. http://www.MYActionPhotography.com reserves the right to terminate Member’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. http://www.MYActionPhotography.com reserves the right at all times to disclose any information as it deems 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 http://www.MYActionPhotography.com sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Member is responsible for adhering to such limitations if Member downloads the materials.
D. Always use caution when giving out any personally identifiable information in any Communication Services. http://www.MYActionPhotography.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, http://www.MYActionPhotography.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from Member’s participation in any Communication Services. Managers and hosts are not authorized http://www.MYActionPhotography.com spokespersons, and their views do not necessarily reflect those of http://www.MYActionPhotography.com.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires Member to open an account, Member must complete the registration process by providing http://www.MYActionPhotography.com with current, complete and accurate information as prompted by the applicable registration form as well as agree to all terms the Services. Member also will choose a password and a Member name. Member is entirely responsible for maintaining the confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member’s account. Member agrees to notify http://www.MYActionPhotography.com immediately of any unauthorized use of Member’s account or any other breach of security. http://www.MYActionPhotography.com will not be liable for any loss that Member may incur as a result of someone else using Member’s password or account, either with or without Member’s knowledge. However, Member could be held liable for losses incurred by http://www.MYActionPhotography.com or another party due to someone else using Member’s account or password. Member may not use anyone else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services ('Software') is the copyrighted work of http://www.MYActionPhotography.com and/or its suppliers. Use of the Software is governed by the TOU or any accompanying license agreement.
B. The Software is made available for download solely for use or personal use by end Members according to the TOU or any accompanying license agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The Software is made available for download solely for use or personal use by end Members according to the accompanying license agreement. Violators will have their licenses, provided with each product download, revoked if they do not follow these terms and will be prosecuted to the maximum extent possible.
C. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, http://www.MYActionPhotography.com. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
D. FOR YOUR CONVENIENCE, http://www.MYActionPhotography.com MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. http://www.MYActionPhotography.com DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
A. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
B. http://www.MYActionPhotography.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. http://www.MYActionPhotography.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MYACTIONPHOTOGRAPHY.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
C. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. http://www.MYActionPhotography.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL MYACTIONPHOTOGRAPHY.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO MYACTIONPHOTOGRAPHY.COM OR POSTED AT ANY OF ITS WEBSITES
A. http://www.MYActionPhotography.com do not claim ownership of the materials Member provide to http://www.MYActionPhotography.com. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Members of any public or private community, (each a 'Submission' and collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting ('Posting') Member's Submission Member is granting http://www.MYActionPhotography.com, its affiliated companies and necessary sublicensees permission to use Member’s Submission in connection with the operation of their Internet businesses (including, without limitation, all http://www.MYActionPhotography.com Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s Submission; to publish Member’s name in connection with Member's Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of Member's Submission, as provided herein. http://www.MYActionPhotography.com is under no obligation to post or use any Submission Member may provide and http://www.MYActionPhotography.com may remove any Submission at any time in its sole discretion. By Posting a Submission Member warrants and represents to own or otherwise control all of the rights to Member's Submission as described in these TOU Use including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ('Images'), Member warrant and represent that (a) Member is the copyright owner of such Images, or that the copyright owner of such Images has granted Member permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Member’s use and as otherwise permitted by these TOU and the Services, (b) Member have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, Member is granting (a) to all Members of Member's private community (for each such Images available to Members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use Member’s Images in connection with the use, as permitted by these Terms of Service, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member's Images without having Member's name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time Member completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time Member completely remove such Images. No compensation will be paid with respect to the use of Member's Images.
C. http://www.MYActionPhotography.com is a distributor (and not a publisher) of content supplied by third parties and Members. Accordingly, http://www.MYActionPhotography.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other Member of http://www.MYActionPhotography.com, are those of the respective author(s) or distributor(s) and not of http://www.MYActionPhotography.com, Any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
11. NOTICE TO PARENTS AND CHILDREN
We adhere to the Children's Privacy Act. You must be 18 years of age to join or use http://www.MYActionPhotography.com or any of the recommended or linked sites. This site follows the guidelines, policies and laws of the Federal Trade Commission (www.ftc.gov.) We retain the right to refuse anyone membership in any of our sites.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your Member ID. The burden of proving that any Materials do not violate any laws or third party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF http://www.MYActionPhotography.com IS AT MEMBER'S SOLE RISK. NEITHER http://www.MYActionPhotography.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT http://www.MYActionPhotography.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF http://www.MYActionPhotography.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH http://www.MYActionPhotography.com
B. MYACTIONPHOTOGRAPHY.COM IS PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS SECTION APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT MYACTIONPHOTOGRAPHY.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL MYACTIONPHOTOGRAPHY.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MYACTIONPHOTOGRAPHY.COM OR THE MYACTIONPHOTOGRAPHY.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MYACTIONPHOTOGRAPHY.COM, MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, http://www.MYActionPhotography.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MYACTIONPHOTOGRAPHY.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. MYACTIONPHOTOGRAPHY.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, MYACTIONPHOTOGRAPHY.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) CALENDAR DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. NO INCOME GUARANTEE
http://www.MYActionPhotography.com make no claims regarding income guarantees or results from using its products, services, recommendations or any partner services. You are joining http://www.MYActionPhotography.com as a Member on your own free will.
15. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE MYACTIONPHOTOGRAPHY.COM'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MYACTIONPHOTOGRAPHY.COM. MYACTIONPHOTOGRAPHY.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MYACTIONPHOTOGRAPHY.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MYACTIONPHOTOGRAPHY.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MYACTIONPHOTOGRAPHY.COM OF THE SITE.
B. http://www.MYActionPhotography.com is a distributor (and not a publisher) of content supplied by third parties and Members. Accordingly, http://www.MYActionPhotography.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other Member of http://www.MYActionPhotography.com, are those of the respective author(s) or distributor(s) and not of http://www.MYActionPhotography.com and. Neither http://www.MYActionPhotography.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through http://www.MYActionPhotography.com represents the opinions and judgments of the respective information provider, Member, or other Member not under contract with http://www.MYActionPhotography.com. http://www.MYActionPhotography.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on http://www.MYActionPhotography.com by anyone other than authorized http://www.MYActionPhotography.com employee spokespersons while acting in their official capacities. Under no circumstances will http://www.MYActionPhotography.com be liable for any loss or damage caused by a Member's reliance on information obtained through http://www.MYActionPhotography.com It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through http://www.MYActionPhotography.com Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
16. UNSOLICITED IDEA SUBMISSION POLICY
MYACTIONPHOTOGRAPHY.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN http://www.MYActionPhotography.com's PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MYACTIONPHOTOGRAPHY.COM.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MYACTIONPHOTOGRAPHY.COM OR ANYONE AT MYACTIONPHOTOGRAPHY.COM IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MYACTIONPHOTOGRAPHY.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
http://www.MYActionPhotography.com shall have the right, but not the obligation, to monitor the content of http://www.MYActionPhotography.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by http://www.MYActionPhotography.com and to satisfy any law, regulation or authorized government request. http://www.MYActionPhotography.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on http://www.MYActionPhotography.com. Without limiting the foregoing, http://www.MYActionPhotography.com shall have the right to remove any material that http://www.MYActionPhotography.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Member agrees to defend, indemnify and hold harmless http://www.MYActionPhotography.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of http://www.MYActionPhotography.com by Member or Member's Account.
Either http://www.MYActionPhotography.com or Member may terminate this Agreement at any time. Without limiting the foregoing, http://www.MYActionPhotography.com shall have the right to immediately terminate Member's Account in the event of any conduct by Member which http://www.MYActionPhotography.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement.
21. PAYMENTS AND REFUND POLICY
A. Members are charged for Services. If you pay someone other than us for these Services, then the charges and billing terms are as stated by the other company or third-party. Even if you do not pay for the some of the Services, you may still incur charges incidental to using the Services; for example, charges for Internet access, mobile text messaging, or other data transmission. The price for the Services will be assessed all applicable taxes and charges unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. http://www.MYActionPhotography.com reserves the right to change pricing from time to time, but it will be posted on the Website before you incur any billing. If you do not agree to these changes, then you must cancel and stop using the Website before the changes take place.
B. When you create an account, you enter your payment method. You must be authorized to use the payment method. You authorize http://www.MYActionPhotography.com to charge you for the Services using your payment method and for any paid feature of the Services for which you choose to sign-up for. http://www.MYActionPhotography.com may bill you for more than one of your prior billing periods together.
C. http://www.MYActionPhotography.com will provide you with an online billing statement sent to your registered email address. This is the only billing statement that http://www.MYActionPhotography.com provides. You may also ask for your billing information from PayPal If you request a paper copy, http://www.MYActionPhotography.com may charge you a retrieval fee. http://www.MYActionPhotography.com will only provide paper copies for the past 60 days. If http://www.MYActionPhotography.com makes an error on your bill, http://www.MYActionPhotography.com will correct it promptly after you tell us and http://www.MYActionPhotography.com investigates the charge. You must tell us within 60 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 60 days after the error first appears on your online statement. If you do not tell us within this time, http://www.MYActionPhotography.com will not be required to correct the error. http://www.MYActionPhotography.com can correct billing errors at any time.
D. You may cancel your http://www.MYActionPhotography.com membership at anytime you desire. The act of canceling can be made via email or using the cancellation form inside the members area, however the act of canceling does not constitute an automatic cancellation of your billing. You must contact our help desk at Member Support or directly to Paypal in order to cancel your billing. If you cancel after a payment has been processed, there will be refunds only up through 60 days for that payment. Cancellation requests must contain your name, username and date joined. If any of this information is missing, the cancellation request may not be processed and you are liable for all membership fees until http://www.MYActionPhotography.com receives required information. Membership fees are lifetime for membership. Lifetime constitutes the lifetime of the member or http://www.MYActionPhotography.com.
E. http://www.MYActionPhotography.com reserves the right to cancel any member for reasons that it feels are detrimental to the site, its members, its partners or the future success of itself. Cancellations performed by http://www.MYActionPhotography.com are final and any restitution will be the membership fee paid within the past 60 days.
22. ENTIRE AGREEMENT
Each party to this Agreement expressly agrees that all disputes, claims or controversies that exist or may come to exist between them including, without limitation, all disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first to binding arbitration located in RIVERSIDE, CALIFORNIA, USA in accordance with the Commercial Arbitration Procedures of the American Arbitration Association. The parties agree that judgment upon the arbitration award will be final, binding and conclusive upon each party and may be entered into any court having jurisdiction. In the case of action under this Section, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys' fees and out of pocket expenses.
24. CHOICE OF LAW, VENUE AND FORUM
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The section headings used herein are for convenience only and shall not be given any legal importance.
All contents of Website or Services are: © 2018 http://www.MYActionPhotography.com & MYActionPhotography, LLC under license. All rights reserved.
http://www.MYActionPhotography.com, its logos are trademarks of MY Action Photography used under license by MYACTIONPHOTOGRAPHY.COM. All other trademarks, names of actual companies and products appearing on mentioned herein on the Website are the property of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
30. NO LICENSE
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by http://www.MYActionPhotography.com or by any third party.
Any notices to http://www.MYActionPhotography.com shall be given by email to [email protected]. Any notice to Members shall be sent by email to the email address provided by the Member. Email notices to a Member shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to http://www.MYActionPhotography.com shall be deemed delivered five (5) calendar days after sent by email.
32. COPYRIGHT INFRINGEMENT
http://www.MYActionPhotography.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Services. http://www.MYActionPhotography.com has adopted a policy that provides for the immediate suspension and/or termination of any Website or Services Member who is found to have infringed on the rights of http://www.MYActionPhotography.com or of a third party, or otherwise violated any intellectual property laws or regulations. http://www.MYActionPhotography.com's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want http://www.MYActionPhotography.com to delete, edit, or disable the material in question, you must provide http://www.MYActionPhotography.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit http://www.MYActionPhotography.com to locate the material; (d) information reasonably sufficient to permit http://www.MYActionPhotography.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Copyright Infringement Unit,
33. FTC DISCLOSURE STATEMENT
http://www.MYActionPhotography.com wishes to fully comply with the new Federal Trade Commission Rules concerning the use of endorsements and testimonials in marketing and advertising. Therefore, http://www.MYActionPhotography.com will disclose all business or material relationships to the endorsers, affiliates and the testimonials listed herein on this site in a clear and conspicuous manner. To that extent, if http://www.MYActionPhotography.com gave a commission, monetary compensation or free products and services for the commentary, review, endorsement, testimony and the like listed herein on this site http://www.MYActionPhotography.com will attempt to disclose the business or material relationships either via a link to an FTC disclosure statement or in the text of the post, blog, endorsement, testimonial or other forms of marketing and advertising materials. If it was an unsolicited testimonial from a paying member or customer http://www.MYActionPhotography.com will state that they had used http://www.MYActionPhotography.com advertised products or services and submitted commentary, review, endorsement, testimony and the like listed herein on this site by their own free will to us. Furthermore, http://www.MYActionPhotography.com, at their discretion, will neither deem someone an expert in the field of the advertised products or services unless the expert follows the FTC rules and guidelines nor claim that the commentary, review, endorsement, testimony and the like listed herein on this site are representative of what consumers/customers will generally achieve with the http://www.MYActionPhotography.com advertised products or services. http://www.MYActionPhotography.com encourages all questions concerning the business or material relationships contained in either the commentary, review, endorsement, testimony and the like listed herein on this site be addressed to our support desk at MemberSupport.com.
Any rights not expressly granted herein are reserved.