Last modified on Feb 16, 2012 12:51:03 PM
The terms and conditions below (collectively "TOS") govern your access to and use of highschoolseniorphotographers.com (the "Site”). The TOS constitute a binding legal agreement between you and the Site and by accessing or using the Site you declare that you understand and agree to the TOS. Under no circumstances use or access the Site if you are not willing or unable to be bound by the TOS.
You represent and warrant that you (a) have not previously been suspended by the Site or removed from the Site; (b) are not a direct competitor of the Site; (c) do not have more than one account at any given time; and (d) that you have full power and authority to enter into these TOS and in doing so will not violate any other agreement to which you are a party.
Changes to the Terms of Service
From time to time we may make modifications to the TOS. You will be notified by making the modified version available on this page and indicating at the top of this page the date, the modifications were last made. We recommend you revisit these TOS frequently as revisions will be binding on you. Any such modifications will be effective upon the posting of the new TOS. You understand and agree that your continued access to or use of the site after any posted modifications to the TOS is indication of your acceptance of the modifications.
Availability, Maintenance and Outages
We reserve the right to update, modify or discontinue the Site at any time, at our sole discretion, and without notice or liability. We will periodically schedule downtime for maintenance, upgrades and other purposes. It is also possible for unplanned system outages to occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned outages or the resultant delay, misdelivery, nondelivery of information caused by such outages, or any third party acts or any other outages of the Internet infrastructure, web host providers or any network external to the Site.
In order for you to use some of the features on the Site you are required to create and account and provide certain personally identifiable information about yourself. You are responsible for maintaining the confidentiality of your password. You are also responsible for all activities that occur in connection with your account. In case of any unauthorized use of your account you agree to notify us immediately. We reserve the right to close your account at any time for any or no reason.
"Personal Account" is an account for your personal, non-commercial use only. You must provide complete and accurate information about yourself. It is not permitted to impersonate somebody else such as a celebrity or neighbor, to provide an email address other than your own, to create an account for anyone but yourself, or to create more than one Personal Account.
"Professional Account" is an account to be used entirely for the purpose of representing your professional services or business on the Site.To create or maintain a Professional Account, you must be an authorized representative of the business registered. It is not permitted to create more than one Professional Account for the same business location.
Responsibility for User Content
You understand by submitting any content such as but not limited to text, images, photos, audio, video, ratings, reviews, compliments, invitations, posts and any information that is part of your account profile, you assume all responsible and risks associated with your user content including anyone’s reliance on it’s accuracy, usefulness, accuracy or personally identifiable information. You represent that own or have the necessary written permissions to use and authorize use of your user content. Further you agree that you understand that you may expose yourself to liability by posting content that violates any third-party right, including trademark, copyright, patent, trade secret, moral right, privacy right, right of publicity and any other intellectual property or proprietary right or content containing materials that are false, intentionally misleading, defamatory or unlawful, such as hate speech, pornography, exploitation of minors or violation or promoting violation of any law or regulation.
Certain listings may qualify to be displayed without any 3rd party advertisements, however the Site may still display promotional messages of the Site's network in connection with these listings.
Permission to Use User Content
You grant us permission to use your user content in a variety of different ways, including displaying it on the Site, reformatting it, incorporating it into advertisements and other works, promoting it, creating derivative works of it,distributing it, and allowing others to do the same in connection with their own websites. For content that is covered by intellectual property rights, like photos and videos, you specifically grant us the following irrevocably permission: you give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content you post on or in connection with the Site and its partners sites. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights, attribution or compensation with respect to your user content.
Use of User Content
At our sole discretion we may modify, remove or reinstate any user content as a whole or in parts. We are under no obligation, to provide you with with copies of your user content, nor do we guarantee any confidentiality in regards of your user content. The Site or it’s partners may display advertisements and other information adjacent to or included with your user content on the Site or other media in any manner, mode or extend without specific notice to you. You are not entitled to any compensation from such advertisements.
The Site may include links to other websites ("Third Party Sites"). We do not endorse, make representations or have control over the accuracy, condition, reliability or quality of any Third Party Site. You understand and agree that we are not responsible for the contents or availability of such Third Party Sites, and that under no circumstances will the Site be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content including content provide by users or third parties made available on the Site. Users are solely responsible in determining weather the information provided is suitable for their individual purposes and reliance on the information is at each users own risk.
Children Under Age 13
You may not provide any information about yourself to This Site if you under the age of 13 (12 years old and younger). While you may view content on The Site, you may not register, enter sweepstakes or contests, or participate in any other activities that would let you enter any information about yourself. Should it come to our attention that you have provided information regardless, we will delete any such information.
Warranties, Disclaimers, and Limitations of Liability
Under no condition whatsoever shall the Site, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them be liable for any indirect, consequential, incidental, special, reliance, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, business interruption; loss or damage to reputation of the Site or any Third Party, or any loss of information or data, regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall the Sites' total cumulative liability under this agreement exceed US$10. You understand and agree that the download and upload of any material through the Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. Your sole and exclusive right and remedy in case of dissatisfaction with the Site or any other grievance shall be your termination and discontinuation of access to or use of the Site.
You agree to indemnify, defend and hold harmless the Site, its parents, shareholders, subsidiaries, affiliates, any related companies, licensors and partners and the officers, directors, employees, agents and representatives of each of them from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these TOS
These TOS shall be governed by and construed in accordance with the laws of the State of Indiana, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any dispute about or involving the Site, you agree to personal jurisdiction by and venue in the state and federal courts in Vigo County, Indiana.
Contact and Violations
You may contact us with any questions regarding the TOS using the help page. Please report any violations of the TOS to our legal department.