WEBSITE USER AGREEMENT
Terms & Conditions
Your use of fotogenictravel.com (“Website”) are governed by the terms and conditions set forth below (“Agreement”). Your use of this Website in any manner constitutes your acknowledgement that you have read the terms and conditions of the Agreement and that you agree to follow and be bound by them. If you do not agree to accept these terms, you may not use this Website. Fotogenic, LLC d/b/a fotogenic (“Company”) reserves the right to modify or change this Agreement at any time without prior notice to you.
The logos and trademarks as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior, written consent of the owner. The Content of this Website is subject to copyright, trademark, or other proprietary rights or licenses held by Company or by third parties who have licensed their rights to Company. All Content is copyrighted as a collective work under U.S. and international copyright laws, and Company owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. As used in these terms, the Content means all text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software displayed or used in connection with this Website (collectively, “Content”). Except as provided herein, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
You may access and view the Content appearing on this Website for personal, non-commercial use only, unless otherwise expressly agreed in writing with Company. You may not download the Content for any reason. Company owns complete title and full intellectual property rights in the Content. You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities. Company reserves the right to terminate the usage of this Website by any person who fails to comply with these terms. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this Website.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by Company (although some such sites may have an affiliation with Company) (collectively, “Third Party Sites”). Such links are provided for your convenience only. Company makes no representations whatsoever about any Third Party Sites which you may access through this Website, as Company has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED “AS IS” AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF COMPANY, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. COMPANY DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
While Company uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Company ensure that all persons depicted in the photographs have consented to the display of their image on this Website. If your photograph appears on this Website without your consent and you wish to have it removed, please contact us via email at: firstname.lastname@example.org.
In addition, Company is unable to make representations or warranties as to the functionality of this Website, whether it is free of errors, and whether the server hosting the Website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Website is at your own risk.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATED COMPANIES, LICENSORS, LICENSEES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF COMPANY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN COMPANY’S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this Website, you agree that your access and use of this Website is subject to this Agreement and shall be governed by the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of laws.
You agree to defend, indemnify and hold harmless Company, and its officers, directors, agents, employees, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys’ fees, that are caused by, or result or arise from, any breach of this Agreement by you, or the use of the Website by you or any other person using the Website through your computer.
This Agreement constitutes the entire agreement between you and Company with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Company with respect to this Website. No modification of this Agreement shall be effective unless authorized in writing by Company. If any provision of this Agreement is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.