PhotographyTalk Terms of Service
Last Updated: December 10, 2019
PhotographyTalk provides a discussion forum stressing digital photography in all its aspects where photographers and photography enthusiasts (“Users” or “you”) would have an online community where they can share their interest in photography and learn from one another. (the “Service”) at www.photographytalk.com (the “Site”). The Service and the Site may be collectively referred to herein as the “Platform.” The Service is owned and operated by PhotographyTalk, Inc (“Company” or “we” or “us”).
Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (the “Terms of Service” or “Terms” or “TOS”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
1. Updates to Terms of Service; Integration.
3. Service Availability.
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
The Service is meant for those at least eighteen (18) years of age. Use of the Service by anyone under this age is a violation of the Terms of Service.
5. Company Intellectual Property Rights.
You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service are either the property of the Company, its affiliates or licensors. and other files and the selection and arrangement thereof (collectively the “Materials”) and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners.
Subject to this TOS, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.
Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
6. User Content, Posting on Forums, Photo Galleries and Other Public Areas.
PhotographyTalk.com includes information, images, photos, commentary, content, opinions, and materials that our users upload (“User Content”). You agree to upload and post only User Content that you have created yourself. PhotographyTalk is not responsible for the accuracy, safety, or intellectual property rights of or relating to User Content. We do not test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another’s rights, we are not responsible if it happens.
You are responsible for your User Content, whether posted in the chat rooms, forums, photo galleries or other public posting areas on the Site. You agree to conform to Site policies and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.
User Content may not include photos or other images or material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether User Content containing nudity is acceptable. Our decision is final even if an individual user disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion or convenience. When removing images that are contained in User Content, we may remove only the images to which we object, all the images in a folder, or all the images in the User’s portfolio, at our convenience and discretion.
Our editors and moderators, most of whom are volunteers, strive to highlight User Content that we determine to be most interesting, valuable, or useful to our community. Toward that end, PhotographyTalk.com also incorporates materials from experts, organizations and advertisers (“Third Party Content”). PhotographyTalk is not responsible for the accuracy, reliability or usefulness of Third-Party Content.
You grant to other PhotographyTalk.com members permission to download a copy of images contained in your User Content, to make such alterations and markups for the purpose of commentary as they see fit, and to attach the modified images to their comments on your User Content. You also grant other Site users the right to quote your User Content in their own postings on the Site.
You grant PhotographyTalk the right to quote or reformat your User Content on the Site. You also grant us a perpetual non-exclusive world-wide, royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content on the Site and to promote the Site.
Other than User Content or Third-Party Content, we, and/or our software suppliers, own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and such content is protected by U.S. and international copyright and other intellectual property rights. PhotographyTalk's selection, coordination and arrangement of content on the Site are the exclusive property of PhotographyTalk and are protected as a compilation by U.S. and international laws. All software used on the Site or in conjunction with its operation is the property of PhotographyTalk and/or its software suppliers and is protected by U.S. and international copyright laws.
You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates this Terms of Service in any way.
Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
We may, at our discretion, pre-screen User Content submission and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
We reserve the right, but have no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms of Service or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
You understand that the Company is not liable for any third-party communications that you may receive from third parties or affiliates of the Company, in connection with your account. You are solely responsible for evaluating and verifying the identity and trustworthiness of any correspondence you receive. The Company makes no representations or warranties with regards to the accuracy, trustworthiness or identity of third-party communications.
By submitting User Content, however, you give certain limited rights to both PhotographyTalk and other PhotographyTalk.com users as identified below.
The above rights shall expire upon your written notice to PhotographyTalk to remove your User Content from the Site.
7. Conduct of Users.
In order to use the Service you will be required to create an account to use the Service and/or take advantage of certain features, you agree:
(i) to provide true, accurate, current and complete information about yourself as prompted by the Service;
(ii) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you;
(iii) that your account is for your personal and/or business use. You may not resell the Service.
(iv) that by creating an account, you agree to receive certain communications in connection with the Service.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other user’s use of the Service. You may not do any of the following while accessing or using the Service:
(i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
(v) disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service. You further agree that you will not access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations. Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with applicable law. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Furthermore, you herein agree not to make use of the Services for:
(i) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
(ii) causing harm to any minor in any manner whatsoever;
(iii) impersonating any individual or entity, including, but not limited to, any Company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
(iv) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
(v) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
(vi) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
(vii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
(viii) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
(ix) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
(x) interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
(xi) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any securities rules, regulations or laws of any nation or other securities exchange, and any regulations having the force of law;
(xii) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Nationality Act;
(xiii) stalking or with the intent to otherwise harass another individual; and/or,
(xiv) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
You expressly acknowledge, represent, warrant, and agree that you understand:
The information contained herein is for informational purposes only and is not intended as nor should be construed as advice or recommendations and are not guaranteed to produce results.
Company does not warrant or guarantee the suitability or availability of any material or content, including without limitation any, data, products or services, found through the Service.
Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products or services found through the Service.
Company makes no representations or promises regarding any material or content, and that some of the material or content provided via the Service may be owned or licensed by Third Parties.
Company is not a party to any transaction between you and any provider of products or services via the Service except as may be specifically stated herein. Any dispute shall be resolved between yourself and the provider of such products or services or your customer.
Any information, including any data, Company Materials, or content on the Site, including on any Company Facebook, Instagram or Twitter or other social media pages, are for informational purposes only.
You assume all risk when using the Service, including all the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
You are of legal age to form a binding contract and are at least the age as noted earlier herein, or of the age of majority where you reside, or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
9. Third Party Websites.
In the event we include links via the Service to Third-Party websites (including advertisements), which may include products, goods, services or information offered therein, these are provided only as a convenience. If you clickthrough using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party websites. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, products, goods, services or information provided or available via any Third-Party website or for your use or inability to use a Third-Party website.
You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party websites linked from our Site, might contain material or information:
(i) that some people may find offensive or inappropriate;
(ii) that is inaccurate, untrue, misleading or deceptive; or,
(iii) that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.
We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party website or in advertisements or content that Third Parties may have listed or offered on our Site.
Your interactions with Third Parties found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third Parties, except as may be otherwise stated herein. You acknowledge and agree that Company is not a party to any transactions you may enter into, except as may otherwise be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party.
10. Purchases and Payments.
Purchase of Services. Your contract for the purchase of Services, if any, is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.
Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services.
Payment Processing Methods. Company may make available various payment processing methods to facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal agreements with third party payment processors, that govern your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Service.
Disputes. In the event you dispute any Services supplied by Company you must notify the reasons in writing to us at the email address below, within fourteen (14) days of the charge date, failing which you lose any right to dispute the quality of the Services or value.
11. Pt+ Account.
PhotographyTalk.com, Inc. provides "premium" services to holders of its 'pt+' Account. In addition to other terms and conditions containing in this agreement, these specific terms and conditions apply to holders of our pt+ Account:
Your 'pt+' Account subscription is personal. It is intended only for you and is restricted to your use only. As a consequence, you may not share or allow anyone else to use your personal subscription, including anyone else in your company. Nor may you sell, assign or transfer your 'pt+' Account subscription. Any attempt to do so is void. Any violation of these terms and conditions will result in our immediate termination of your 'pt+' Account.
Our services available to pt+ Account holders are specifically described on the Account page.
PhotographyTalk.com provides each new pt+ annual Account holder with a 60-day trial. At any time during this 60-day trial period, a new pt+ annual Account subscriber may cancel its account subscription and receive a full refund of the account price it has paid. If, however, a new holder continues to use its pt+ Account after this 60-day free-trial period has ended, PhotographyTalk.com will not refund this holder’s payment.
To request a refund for a NEW Pt+ annual Account, a holder must send a cancellation notice to [email protected] or notify PT Chat window within the required 60-day period. It must include with its request its username and full name as it appears in the holder’s PayPal account or on its credit card. PhotographyTalk.com will honor any legitimate refund request and make a refund payment to the holder’s specified account within 14 business days after it has received the holder’s request.
Each year, on the anniversary date, a holder’s subscription to a pt+ annual Account will automatically renew for the following year at the advertised renewal price. A pt+ annual Account holder may cancel its current subscription at any time up to date of renewal to prevent further billing. If, however, a holder requests a refund for its pt+ Account after renewal date, PhotographyTalk.com will not refund this holder’s annual subscription payment.
PhotographyTalk.com, at its sole discretion, for any reason and at any time, may immediately—without previous notice—modify, suspend or discontinue Services it provides to a pt+ Account holder. If we suspend or discontinue Services to a pt+ Account holder, this holder will not be entitled to receive any refund of any subscription fees it has previously paid.
To request a refund for a RENEWED Pt+ Account, a holder must send a cancellation notice to [email protected] within the required 14-day period. It must include with its request its username and full name as it appears in the holder’s PayPal account or on its credit card. PhotographyTalk.com will honor any legitimate refund request and make a refund payment to the holder’s specified account within 14 business days after it has received the holder’s request.
Monthly paying PT+ Pro account holders will receive a 14-day trial. After 14th day if not canceled by emailing [email protected] or notify PT Chat window, PT+ Pro monthly account will be charged for the monthly rate. Any refund request made after charge date will not be honored. Client can request to cancel monthly PT+ Pro account any time prior to their monthly billing date to avoid any future billing.
Even though we may, at our sole discretion, decide to offer other users different or additional features and services than those we offer our pt+ Account holders, our decision is not grounds for a holder to terminate its account and request a refund, other than as allowed.
12. Account Termination
PhotographyTalk reserves the right to terminate your account or your access to and use of PhotographyTalk.com’s services at any time, at its sole discretion for any reason, with or without cause. If you violate these Terms, PhotographyTalk may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE SITE IS PROVIDED BY PHOTOGRAPHYTALK ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHOTOGRAPHYTALK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOGRAPHYTALK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAPHYTALK DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR E-MAIL SENT FROM PHOTOGRAPHYTALK.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PHOTOGRAPHYTALK BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE PHOTOGRAPHYTALK.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGE ARISES FROM USE OR MISUSE OF THE PHOTOGRAPHYTALK WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PHOTOGRAPHYTALK WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PHOTOGRAPHYTALK WEBSITE OR THE SERVICES, OR VIEWING OF PHOTOS, ITS HOSTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, PHOTOGRAPHYTALK CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITES, OR THE COPYING OF PHOTOS OR MATERIALS BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTOGRAPHYTALK OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
WE DO NOT GUARANTEE THAT PHOTOGRAPHYTALK WILL BE SAFE OR SECURE. PHOTOGRAPHYTALK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEER MODERATORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PHOTOGRAPHYTALK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PHOTOGRAPHYTALK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PHOTOGRAPHYTALK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Applicable Law and Jurisdiction. Your use of the Service is governed by and will be enforced under the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the above stated jurisdiction. Any controversy, claim, suit, injury or damage shall be heard on an individual basis and shall not be consolidated with any controversy, claim, suit, injury or damage of any other party. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
15. Digital Millennium Copyright Act ("DMCA") NOTICE
PhotographyTalk, Inc. respects the intellectual property rights of others. Per the DMCA, PhotographyTalk, Inc. will respond expeditiously to claims of copyright infringement on the Site if submitted to PhotographyTalk, Inc.'s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, PhotographyTalk, Inc. will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by PhotographyTalk, Inc. or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not PhotographyTalk, Inc. can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
6. Your electronic or physical signature.
PhotographyTalk, Inc. may request additional information before removing any allegedly infringing material. In the event PhotographyTalk, Inc. removes the allegedly infringing materials, PhotographyTalk, Inc. will immediately notify the person responsible for posting such materials that PhotographyTalk, Inc. removed or disabled access to the materials. PhotographyTalk, Inc. may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). PhotographyTalk, Inc.’s designated Copyright Agent is:
This Terms of Service constitute the entire agreement between the Company and its Users. No modification hereof shall be binding upon the parties hereto except by written instrument duly executed by such parties or their duly authorized representatives.
If any provision of this Agreement is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from this Agreement and the remainder of this Agreement shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the severed provision as determined by the parties or as determined by court of competent jurisdiction.
The failure of a Party to insist, in any one or more instances, upon strict performance of any covenant, term or provision of this Agreement shall not be construed as a waiver or relinquishment thereof, but the same shall continue and remain in full force and effect, notwithstanding any law, usage or custom to the contrary. No waiver by a Party of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the waiving party.
The paragraph headings of this Agreement are inserted for convenience only and shall not constitute a part of this Agreement in construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neuter gender.
Notices. All notices and other communications hereunder shall be in writing and shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation, or four (4) business days following such notice being sent.
18. Customer Service.
If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the address below.
TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAPHYTALK DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR E-MAIL SENT