FYI mediaworld Photographic Site User Agreement
Welcome to the FYI mediaworld Photographic Web Site and Services (collectively, the "Site") provided to you by FYI mediaworld Photographic("Photographer"). You should review the following terms and conditions before using the Site.
This Agreement, which includes any other terms and conditions posted on any individual page of this Site, governs your use of the Site, including all services accessed and included thereby. Use of the Site constitutes acceptance of these terms and conditions and creates a binding legal agreement between us, in which you agree to use the Site in a manner consistent with all applicable laws and according to all terms and conditions contained of this Agreement. "You", i.e., the person using the Site, including obtaining an account, and persons in your household whom you authorize to use your account, are the "User" for the purposes of this User Agreement. You agree to ensure that any persons using your account abide by the terms and conditions of this Agreement and you assume responsibility for any breaches of this Agreement by any such persons.
2. License to Use the Site
Photographer grants you and persons in your household a personal, limited, revocable, non-exclusive and non-transferable license to use the Photographer Site, including but not limited to its software products and services. The license extends only to the viewing and ordering of digital images on the Site and only pursuant to the terms and conditions of this Agreement. The license is exclusive to you and you may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that Photographer has not specifically authorized to receive access to your account on the Site. Photographer expressly retains all ownership rights, title and interest in and to all aspects of Photographer and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while this Agreement remains in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
3. Copyright, Other Proprietary and Privacy Protection for Other Users' Content on the Site
Photographer hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Photographer is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Photographer does not provide you with permission to access and view the Content provided by other Users. Photographer has the absolute right to terminate your membership or exclude you from the Site if you use our Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify Photographer for any violation of this provision.
4. Age requirements
Photographer has no intention of collecting any personal financial information from individuals under 13 without parental consent. We request that children under 13 not use the Site without direct parental involvement.
5. Third-party software
Although we may make software, hyperlinks, and other products of third-party companies available to you, the third party owning, manufacturing or distributing such products subject to the respective terms and conditions imposes your use of such products, and the agreement for your use will be between you and such third party.
Photographer makes no warranty with regard to the products or website of any other entity. Photographer has no control over the content or availability of any third-party software or website. In particular, (a) Photographer makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Photographer notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
It is the policy of Photographer to respect the privacy of individuals who visit the website, make purchases and/or provide comments to us. We collect addresses, names and other identifying and contact information from users of the Site in order to correspond with customers about any questions relating to orders placed. Our purpose for collecting the information is to analyze the use of our website and improve its format and functionality. We may on occasion provide aggregate demographical information about website users or purchasers to third parties, such as suppliers or advertisers, but currently such information does not identify specific individuals. We do not currently use any personally identifiable information for any purpose other than those we have described here, for example we do not sell or rent any personally identifiable information about our users to any third party. Photographer does reserve the right to provide user information to third parties when required to comply with U.S. law or legal procedure, to protect Photographer or users' rights or property, and in emergency situations if physical safety or health is at issue.
You agree to indemnify, defend and hold harmless Photographer, their officers, directors, employees, agents, licensors, suppliers, any third-party information providers and other users of the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your Account or the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Site.
9. Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, PHOTOGRAPHER MAKES NO WARRANTY THAT ITS SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA OR IMAGES ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. PHOTOGRAPHER MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOGRAPHER' SITE OR ADVERTISED THROUGH THE PHOTOGRAPHER (OR ANY PHOTOGRAPHER' PHOTOGRAPHER'S) SITE. NO ADVICE OR INFORMATION GIVEN BY PHOTOGRAPHER, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
10. Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PHOTOGRAPHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF PHOTOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING ITS SERVICES, FROM ANY CHANGES TO THE SITE, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, IMAGES OR DATA. YOU AGREE THAT PHOTOGRAPHER SHALL HAVE NO LIABILITY FOR ANY IMAGES, DATA OR OTHER CONTENT PROVIDED BY YOU TO PHOTOGRAPHER. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF DATA AND IMAGES, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL DATA AND IMAGES ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH DATA.
IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL PHOTOGRAPHER HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
11. Termination by Photographer
Photographer reserves the right to suspend or terminate your use of the Site and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other materials on the Site, at any time, without notice, for any reason, including but not limited to the following:
Breach of this Agreement,
including policies or guidelines set forth by Photographer elsewhere;
Conduct that Photographer believes is harmful to other users of Photographer or the business of Photographer or other third party information providers.
Further, you agree that Photographer shall not be liable to you or any third party for any termination of your access to the Site.
12. Modification of this Agreement
You agree that Photographer retains the right to amend this Agreement, the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of the Site. You agree to review the posting of this Agreement at http://fyimediaworld.com/agreement.htm periodically to be aware of such changes. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by Photographer shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and Photographer and governs your use of the Site, superseding any prior agreements between you and Photographer. The failure of Photographer to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement 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 the use of the Site or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of Nevada, without giving effect to any principles of conflicts of law.
15. Arbitration of Disputes
You agree that any controversy, claim or dispute between you and Photographer, which cannot be resolved through negotiations between us shall be finally settled by arbitration as provided herein. If we fail to reach a settlement of their dispute within thirty (30) days after the earliest date upon which one of us notifies the other(s) in writing of the existence of and its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration according to the Nevada Uniform Arbitration Act of 2000.
The arbitration shall take place in Clark County, Nevada. The arbitrator shall be bound by the laws of the State of Nevada applicable to the issues involved in the arbitration and all Nevada rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. Discovery shall be permitted and shall be completed in accordance with NRS 38.233 Witnesses; subpoenas; depositions; discovery. The arbitrator shall have the power to grant equitable relief where available under Nevada law, and shall be entitled to make an award of punitive damages where such an award is permitted by Nevada law. The arbitrator shall issue a written opinion setting forth his or her decision and the reasons therefore within thirty (30) days after the arbitration proceeding is concluded.
The obligation of the parties to submit any dispute to arbitration as provided in this section shall survive the expiration or earlier termination of any agreement or contract between the parties.
In the event of any arbitration or litigation being filed or instituted between the parties, the prevailing party will be entitled to receive from the other party or parties its attorneys' fees, witness fees, costs and expenses, court costs and other reasonable expenses, whether or not such controversy, claim or action is prosecuted to judgment or other forms of relief. The "prevailing party" is that party which is awarded judgment or other legal or equitable relief as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by such party. If both parties receive a judgment, settlement payment or other award or relief, the court or the arbitrator shall determine which party is the prevailing party, taking into consideration the merits of the claims asserted by each party, the relative values of the judgments, settlements or other forms of relief received by each party, and the relative equities between the parties.
16. Contact Information
Photographer is located in Las Vegas, NV, U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
By E-mail: email@example.com