WEB SITE AGREEMENT
The MountainViewPhoto.com Web Site (the
"Site") is an online information service
provided by Mountain View Photo, LLC ("MountainViewPhoto.com
"), subject to your compliance with the
terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. MountainViewPhoto.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions
The entire contents of the Site are protected
by international copyright and trademark
laws. The owner of the copyrights and trademarks
are MountainViewPhoto.com, its affiliates
or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material
from the different areas of the Site solely
for your own non-commercial use provided
that you agree not to change or delete any
copyright or proprietary notices from the
materials. You agree to grant to MountainViewPhoto.com
a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create
derivative works of, publicly display and
publicly perform any materials and other
information (including, without limitation,
ideas contained therein for new or improved
products and services) you submit to any
public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail
to MountainViewPhoto.com by all means and
in any media now known or hereafter developed.
You also grant to MountainViewPhoto.com
the right to use your name in connection
with the submitted materials and other information
as well as in connection with all advertising,
marketing and promotional material related
thereto. You agree that you shall have no
recourse against MountainViewPhoto.com for
any alleged or actual infringement or misappropriation
of any proprietary right in your communications
to MountainViewPhoto.com.
TRADEMARKS
Publications, products, content or services
referenced herein or on the Site are the
exclusive trademarks or servicemarks of
MountainViewPhoto.com. Other product and
company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information,
products or services clearly identified
as being supplied by MountainViewPhoto.com,
MountainViewPhoto.comdoes not operate, control
or endorse any information, products or
services on the Internet in any way. Except
for MountainViewPhoto.com- identified information,
products or services, all information, products
and services offered through the Site or
on the Internet generally are offered by
third parties, that are not affiliated with
MountainViewPhoto.com a. You also understand
that MountainViewPhoto.com cannot and does
not guarantee or warrant that files available
for downloading through the Site will be
free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating
or destructive properties. You are responsible
for implementing sufficient procedures and
checkpoints to satisfy your particular requirements
for accuracy of data input and output, and
for maintaining a means external to the
Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET.
MountainViewPhoto.com PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND MountainViewPhoto.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. MountainViewPhoto.com
DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE
OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. MountainViewPhoto.com
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MountainViewPhoto.com BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE,
OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF MountainViewPhoto.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, MountainViewPhoto.com LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW. MountainViewPhoto.com makes no representations
whatsoever about any other web site which
you may access through this one or which
may link to this Site. When you access a
non-MountainViewPhoto.com web site, please
understand that it is independent from MountainViewPhoto.com,
and that MountainViewPhoto.com has no control
over the content on that web site. In addition,
a link to a MountainViewPhoto.com web site
does not mean that MountainViewPhoto.com
endorses or accepts any responsibility for
the content, or the use, of such web site.
3. Indemnification
You agree to indemnify, defend and hold
harmless MountainViewPhoto.com, its officers,
directors, employees, agents, licensors,
suppliers and any third party information
providers to the Service from and against
all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting
from any violation of this Agreement (including
negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for
the benefit of MountainViewPhoto.com and
its officers, directors, employees, agents,
licensors, suppliers, and any third party
information providers to the Service. Each
of these individuals or entities shall have
the right to assert and enforce those provisions
directly against you on its own behalf.
5. Term; Termination
This Agreement may be terminated by either
party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between MountainViewPhoto.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MountainViewPhoto.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MountainViewPhoto.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Unauthorized duplication or publication of any materials from this Site is expressly prohibited.
