01 Your Acceptance
www.photospices.com (the “Website”) is owned and operated by The Photo Spices (“Photo Spices”). By using or visiting this Website, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”). If you do not agree to any of these terms, then please do not use the Photo Spices.
02 Photo Spices Website
03 Website Access
A. Photo Spices herby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Photo Spices prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you may have to request for an account. You may never use another’s account without permission. When requesting your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify Photo Spices immediately of any breach of security or unauthorized use of your account. Although Photo Spices will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Photo Spices or others due to such unauthorized use.
04 Intellectual Property Rights
The content on the Photo Spices Website, except User Submission (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by Photo Spices.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributes, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Photo Spices reserve all rights not expressly granted in and to the Website and the Content. You agree to no engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of Third Parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Photo Spices Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Photo Spices Website or the Content therein.
06 User Submissions:
- The Photo Spices Website my now or in the future permit the submission of writings, art works or other visual image submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submission. You understand that whether or not such User Submission are published. Photo Spices does not guarantee any confidentially with respect to any submissions.
- You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. In connection with User Submission, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Photo Spices to use all the patent, trademark, trade secret, copyrights or other proprietary rights in and to any all User Submissions to enable inclusion and use of the User Submissions In the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and very such identifiable individual person to enable inclusion and use of the User Submission in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in you User Submissions. However, by submitting the User Submissions to Photo Spices, subject to a separately executed artist representation agreement whose terms shall be fully binding upon you, you hereby grant Photo Spices a license to use, reproduce, distribute, display and perform the User Submissions in connection with the Photo Spices Website and Photo Spices’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Photo Spices Website (and derivate works thereof) in any media formats and through any media channels. You also hereby grant each user of Photo Spices Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminated once you remove or delete a User Submission from the Photo Spices Website.
- You shall be sole responsible for your own User Submission and consequences of posting and publishing them. Photo Spices shall no responsible of any of the User Submission on the website. It may be possible that (i) content submitted in the User Submission is taken from any third party website and it may be modified, altered or edited and/or (ii) Images used in the blog/article can be resourced from the third party website. For these and like conditions the Photo Spices will not responsible.
- In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permissions from their rightful owner to post the material and to grant Photo Spices all of the license rights granted herein; (ii) publish falsehood or misrepresentations that could damage Photo Spices or any third party; (iii) submit material that is unlawful, defamatory, libelous, harassing, hateful, or encourages conduct that would be considered a crime offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisement or solicitations of business; (v) impersonate another person. Photo Spices expressly disclaims any and all liability in connection with User Submission. Photo Spices does not permit copyright infringing activities and infringement of intellectual property rights on its Submission. Photo Spices does not permit copyright in infringing activities and infringement of intellectual property rights on its Website, and Resource will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Photo Spices reserves the right to remove Content and User Submissions without prior notice. Photo Spices will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Photo Spices also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Services for violations other that copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. Photo Spices may remove such User Submission and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- You understand that when using the Photo Spices Website, you will be exposed to User Submission from variety of sources, and that Photo Spices is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submission. You further understand and acknowledge that you may be exposed to User Submission that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable right or remedies you have or may have against Photo Spices with respect thereto, and agree to indemnify and hold Photo Spices, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
07 Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PHOTO SPICES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOU USE THEREOF. PHOTO SPICES MAKES NO WARRANTIES OR PRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOTO SPICES WEBSITE. PHOTO SPICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHOTO SPICES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHOTO SPICES WILL NOT BE A PART TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCT OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD BE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
08 Limitations of Liability
IN NO EVENT SHALL PHOTO SPICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOTO SPICES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PHOTO SPICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Photo Spices, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, cost of debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Photo Spices Website; (ii) your violation of any term of these Term of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submission caused damage to a third party. This defense and indemnification obligation will survive these Term of Service and your use of the Photo Spices Website.
09 Ability to Accept Terms of Service:
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms od Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Photo Spices without restriction.