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Thank you for visiting
PHOTOTOGETHER, INC.. The PHOTOTOGETHER, INC.
website has been made available
to you subject to your compliance with the terms and conditions set
forth below (the "Terms of Use"). Please read this document
carefully before accessing or using the PHOTOTOGETHER, INC.
website. By accessing or using this website, you are
agreeing to be bound by the Conditions of Use. If you do not wish
to be bound by the Conditions of Use, you may not access
or use the website.
- Modification of these Conditions of Use
PHOTOTOGETHER, INC. reserves the
right to change the terms, conditions, and notices at any time, and such
modifications shall be effective immediately upon posting of such changes.
You are therefore responsible for regularly reviewing these Terms of
Use and additional terms or notices posted on the PHOTOTOGETHER, INC. website.
Your continued access of this website shall be deemed
your conclusive acceptance of the modified agreement.
- Copyright and Licenses
The entire contents of this website,
including but not limited to: Text, graphics, logos, button icons,
Flash movies, images, audio clips, digital downloads, data compilations,
and software, are the property of PHOTOTOGETHER, INC., its content
suppliers or it's clients and are protected by Domestic and International
copyright and trademark laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute any portion of the
website contents without the prior express written consent of PHOTOTOGETHER, INC..
You may print or download portions of the materials from various areas
of this website solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. If you believe any content appearing on our website
constitutes a copyright infringement of another parties rights, please
contact us immediately at jamison@nyc.rr.com to notify us of this
infringement.
Your submissions of files including, but not limited to: Resumes, e-mail,
flash movies, images, logos, audio loops, and other software hereby
constitutes your agreement to grant PHOTOTOGETHER, INC. a
non-exclusive, royalty-free, worldwide, sub-licensable, perpetual
license, to reproduce, distribute, transmit, modify, adapt, sub-license,
and publicly display any such submissions. You also grant PHOTOTOGETHER, INC.
Traditional Music and Art Center the right to utilize your name in connection with
all advertising, marketing and promotional materials related
thereto.
- License and Website Access
PHOTOTOGETHER, INC. grants you
limited license to access and make personal use of this website and
not to download (other than for page caching purposes) or modify it,
or any portion of it, except with the express written consent of
PHOTOTOGETHER, INC.. This website or any portion of this website
may not be reproduced, duplicated, adapted, copied, sold, resold,
transmitted or otherwise exploited for any commercial purpose without
the express written consent of PHOTOTOGETHER, INC.. You may not
frame, or use any framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, flash
movie, page layout, or form) of PHOTOTOGETHER, INC. without
the express written consent of PHOTOTOGETHER, INC.. You may
not use META tags or any other "hidden text" which utilize
phototogether.us or any other
derivative of our domain or company name without the express
written consent of PHOTOTOGETHER, INC.. You are hereby granted
a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of PHOTOTOGETHER, INC. so long as the link
does not portray any false, misleading, derogatory, or otherwise
offensive matter.
It is further understood and agreed that PHOTOTOGETHER, INC.
cannot and does not guarantee or warrant that files made
available for downloading through the PHOTOTOGETHER, INC.
website will be free of infection or viruses, worms, Trojan
horses or other code that manifests contaminating or destructive
properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that any files
obtained through PHOTOTOGETHER, INC. are free from
such contaminations.
- Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY
PHOTOTOGETHER, INC.
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTOTOGETHER, INC.
MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS
WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOTOGETHER, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. PHOTOTOGETHER, INC. DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM PHOTOTOGETHER, INC. ART
GALLERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOTOGETHER, INC.
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PHOTOTOGETHER, INC. USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. PHOTOTOGETHER, INC.
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER
ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT
A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT
INFORMATION, PHOTOTOGETHER, INC. SHALL HAVE THE RIGHT TO REFUSE
OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A
PRODUCT OFFERED BY PHOTOTOGETHER, INC. IS NOT AS DESCRIBED, YOUR
SOLE REMEDY IS TO RETURN IT TO PHOTOTOGETHER, INC. FOR A REFUND.
ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S
EXPENSE.
- Third Party Links
Linked websites are not under the control of PHOTOTOGETHER, INC.
and PHOTOTOGETHER, INC. is not responsible for the contents
of any linked site or any link contained in a linked site. PHOTOTOGETHER, INC.
provides links to you only as a convenience, and
the inclusion of any link does not imply or constitute an endorsement
by PHOTOTOGETHER, INC. of the site.
- Applicable Law
By visiting the PHOTOTOGETHER, INC. website, you agree that the
laws of the state of New York, without regard to principals of
conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and PHOTOTOGETHER, INC..
- Disputes
Any dispute relating in any way to your visit or access of the
PHOTOTOGETHER, INC. website or to the products or services you
purchase through the PHOTOTOGETHER, INC. website shall be
submitted to binding arbitration in the United States, except that,
to the extent you have in any manner violated or threatened to
violate PHOTOTOGETHER, INC.'s intellectual property rights,
PHOTOTOGETHER, INC. may seek injunctive or other appropriate relief
in any state or federal court in the United States.
- Indemnification
You agree to indemnify, defend and
hold harmless PHOTOTOGETHER, INC., its officers, directors, owners, partners, employees,
agents, licensors, suppliers and any third party information
provider to the website from and against all losses, expenses,
damages and costs, including legal fees, resulting from any violation
of these Conditions of Use (including negligent or wrongful conduct)
by you or your use and access of the PHOTOTOGETHER, INC. website.
- International Use
Given the global nature of
the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet,
data, e-mail, privacy, copyright, and trademark infringement.
Additionally, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
- Other Provisions
PHOTOTOGETHER, INC. failure to insist upon or enforce strict
performance of any provision of these Conditions of Use 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 these Conditions of Use. PHOTOTOGETHER, INC.
may assign its rights and duties under these Conditions
of Use to any party at any time without notice to you. If any of
these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall
not affect the validity or enforceability of any remaining condition.
Any rights not expressly granted herein are reserved.
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