Terms of Use
General
The
following are the terms and conditions of a legal agreement
between you and ProductPhotography.com, LLC (ProductPhotography.com).
By accessing, viewing, browsing, or downloading any content
from this site, you agree to be bound by these Terms of
Use and that you have read and understand all of the terms
herein and that you will comply with all laws and regulations
applicable to the use of this website. If you do not agree
to any of these terms, please do not use this website.
ProductPhotography.com
may, without any notice, revise and update these Terms
of Use and any other material presented within this website.
We may also make changes to products, services, and pricing
without notice.
If
any part of this Agreement is found to be unenforceable
for any reason, such provision shall be modified only
to the extent necessary to make the provision enforceable
and all other terms of this Agreement shall remain in
full force and effect. If ProductPhotography.com chooses
not to act on a breach of this agreement for whatever
reason, it does not constitute a waiver of ProductPhotography.com's
rights with respect to such a breach or any subsequent
breaches of this Agreement. This Agreement shall be governed
and construed under Nevada law as such law applies to
agreements between Nevada residents entered into and to
be performed within Nevada. Any action or proceeding arising
from this Agreement or your use of this Site must be held
in the State or Federal courts in Nevada.
Access
and use of Content
Unless noted otherwise, all materials on this Site including
text, images, logos, icons, photographs, and any other
materials written or otherwise that are part of this Site
(collectively, the "Contents") are copyrighted
property controlled and/or owned by ProductPhotography.com,
one of its affiliates, or by third parties who have authorized
their materials for use on ProductPhotography.com and
are protected by U.S. and international copyright laws.
U.S. and international copyright laws also protect the
arrangement of the Contents of this Site and the method
of presentation of these materials.
You
may not reproduce, publish, transmit, distribute, display,
modify, create derivative works from, sell or exploit
in any way, in whole or part, any of the Contents, the
Site, or any related materials, except that ProductPhotography.com
grants you non-transferrable, non-exclusive, limited permission
to access content and display this website on your computer.
This permission is on the condition that you do not modify
the content on this website, that you keep intact any
copyright or trademark notices, and that you accept the
terms, conditions and licenses accompanying any content
contained within this website.
ProductPhotography.com
may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access
to the website, if in ProductPhotography.com's sole discretion
you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either
you or ProductPhotography.com, you must promptly destroy
all materials downloaded or otherwise obtained from this
website, as well as all copies of such materials, whether
made under the terms of use or otherwise.
Notwithstanding
the above, any other materials made available by this
website, such as photographs, interactive media, or software,
for the purpose of delivering finished works to clients
of ProductPhotography.com will be bound by their own copyright,
license, and Terms of Use.
Site
security
Users are strictly prohibited from violating or attempting
to violate the security of this website, including but
not limited to:
(a)
Accessing data not intended for a user or logging into
any server or account that the user is not authorized
to access.
(b)
Attempting to scan or test the vulnerability of the website
or any system or network associated with the operation
of ProductPhotography.com without proper authorization.
(c)
Attempting to interfere, without limitation, with service
between the website and any user, with the secure operation
of the website, or with the stability of the website via
means of submitting a virus to the website, overloading,
"flooding," "spamming," "mail
bombing," or "crashing" the website.
(d)
Sending unsolicited email, including promotions and/or
other advertising of products or services. Breaches or
attempted breaches of our system or network security will
result in prosecution and/or civil and criminal charges.
Image
Hosting Service
The Image Hosting Service is provided as a convenience
to clients and associates of ProductPhotography.com. While
we make every effort to ensure availability, stability
and security of this service, ProductPhotography.com does
not guarantee 100% uptime or availability, or that the
system could not be compromised by malicious individuals
determined to do so. ProductPhotographty.com recommends
that you make backup copies of all files contained within
your account and that you only provide username and password
information to associates to whom you would like to grant
access to these files. You hereby understand and agree
to hold ProductPhotography.com harmless and defend ProductPhotography.com
against any claim resulting from the use of this service,
including, but not limited to: Unavailability of the service,
loss of data, corrupted data, inaccurate data, breach
of account security, and damage or loss of data caused
by using this service.
User
Comments, Feedback, mail and Other Submissions
All comments, feedback, mail, suggestions, ideas, and
other submissions disclosed, submitted or offered to ProductPhotography.com
in conjunction or related to your use of this Site shall
be and remain the sole property of ProductPhotography.com.
Such a suggestion or submission of any other information
constitutes an assignment to ProductPhotography.com of
all local, national, and international rights with respect
to the information submitted. Thus, ProductPhotography.com
will exclusively own all such rights, titles, and interests
and shall not be limited in any way in its use, commercial
or otherwise of any comments or information submitted.
ProductPhotography.com is and shall be under no obligation
to:
(1)
Keep any comments or correspondence in confidence.
(2)
To pay the submitter any compensation or royalty for use
of such comments.
(3)
To respond to any comments. You agree that any comment
or information that you submit to ProductPhotography.com
does not violate any other entities rights including copyright,
trademark, privacy, or other personal or proprietary rights.
You further agree that any information submitted by you
to ProductPhotography.com will be or contain libelous,
or otherwise unlawful, abusive, or obscene material. You
are and shall remain solely responsible for any comments
or information you submit to ProductPhotography.com.
Indemnification
You agree to defend, indemnify and hold ProductPhotography.com
harmless from and against any and all claims, damages,
costs and expenses, including attorneys' fees, arising
from or related to your use of the Site.
Disclaimer of Warranty and Limitation of Liability
THIS SITE IS PROVIDED BY PRODUCTPHOTOGRAPHY.COM ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
PRODUCTPHOTOGRAPHY.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE OR ACCURACY OF THE INFORMATION, CONTENT, OR MATERIALS
INCLUDED ON THIS SITE. BY YOUR USE OF THE PRODUCTPHOTOGRAPHY.COM
WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL PRODUCTPHOTOGRAPHY.COM BE HELD LIABLE
TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOST CAPITAL, RELATING TO OR ARISING FROM THIS WEBSITE,
CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, OR OTHERWISE. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
