1. Your Acceptance
Photo Creatures and its subsidiaries and affiliates (collectively "PhotoCreatures.com")
provides service to you subject to the following Terms of Use, which may be updated
by us from time to time without notice to you. These Terms of Use constitute a binding
agreement between PhotoCreatures.com and you governing your use of the Website.
By using and/or visiting the www.PhotoCreatures.com Website or any other Websites
owned by PhotoCreatures.com (collectively the "Website"), you signify your assent
to both these Terms of Use and the PhotoCreatures.com Privacy Policy, which is
specifically incorporated into the PhotoCreatures.com Terms of Use. You are authorized
only to use the Website if you agree to abide by all applicable laws and to these Terms
of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of
Use, please do not use the Website.
2. Website Access
PhotoCreatures.com hereby grants you permission to use the Website as set forth in
these Terms of Use, provided that: (i) your use of the Website as permitted is solely
for your personal, noncommercial use; (ii) you will not copy or distribute any part of the
Website in any medium without PhotoCreatures.com’s 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 Use.
In order to access some features of the Website, you will have to create an account.
You are not allowed to use another user’s account without permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you must
keep your account password secure. You may change your password at any time
by updating your Account Profile page. In addition, you agree to immediately notify
PhotoCreatures.com of any unauthorized use of your password or account or any other
breach of security. PhotoCreatures.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
By registering with PhotoCreatures.com, you represent that you are of legal age
to form a binding contract and are not a person barred by any laws from using the
PhotoCreatures.com Website. You agree to provide true, accurate, current and
complete information about yourself in all required fields of the registration form. If any
of your information changes, you agree to update your registration information as soon
as possible. If PhotoCreatures.com suspects that your registration information is not
complete, current, or accurate, or that you have otherwise violated these Terms of Use,
your account may be subject to suspension or termination, and you may be barred from
using the PhotoCreatures.com Website.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or similar technological devices or programs, that access
the Website in a manner that sends more request messages to the PhotoCreatures.com
servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing,
PhotoCreatures.com grants the operators of public search engines permission to use
spiders to copy materials from the Website for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives of such
materials. PhotoCreatures.com reserves the right to revoke these exceptions either
generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal
Information") including without limitation account names, email addresses, or other User
Submissions (as defined below), from the Website, nor use the communication systems
provided by the Website for any commercial solicitation purposes, including without
limitation to solicit, for commercial purposes, any users of the Website.
3. The PhotoCreatures.com Website
These Terms of Use apply to all users of the Website, including users who contribute
information, ideas, and other materials or services on the Website. The Website
may contain links to third party websites that are not owned or controlled by
PhotoCreatures.com. PhotoCreatures.com has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party websites.
By using the Website, you specifically release PhotoCreatures.com from any and all
liability arising from your use of any third-party website.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below),
including without limitation, the text, graphics, and photos created by and for
PhotoCreatures.com, interactive features ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
PhotoCreatures.com, subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any purpose whatsoever without the prior written consent of
PhotoCreatures.com or as expressly provided herein. PhotoCreatures.com reserves all
rights not expressly granted in and to the Website and the Content contained therein.
You agree to not 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 (as defined below) 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 thereon. You agree
not to circumvent, disable or otherwise interfere with security related features of the
Website or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Website or the Content therein.
5. User Submissions
The interactive nature of postings on PhotoCreatures.com makes it impossible for us to
assume responsibility for any of the materials posted by users. The ideas, suggestions,
opinions, comments, and observations made by PhotoCreatures.com users, and
any text, data, photographs, video, music, sound, chat, messages, files or other
material provided to us by users (all of which are referred to as "User Submissions")
are not endorsed by PhotoCreatures.com, and we make no guarantee regarding the
reliability, accuracy, or quality of any User Submission that is posted on the Website.
You acknowledge that you will evaluate and bear any risks related to your use of any
User Submission, including any reliance on the accuracy, completeness, or usefulness
of such User Submission. All User Submissions posted to the Website are the sole
responsibility of the person who originally posted the User Submission, and your sole
recourse for any damage you may suffer as a result of User Submissions shall be to
such individual.
You shall be solely responsible for your own User Submission and the consequences
of posting or publishing them. You retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to PhotoCreatures.com,
you hereby grant PhotoCreatures.com a worldwide, non-exclusive, royalty-free,
sublicenseable, and transferable right and license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in connection with the
Website and PhotoCreatures.com’s (and its successor’s) business, including without
limitation for promoting and redistributing part or all of the Website (and derivative works
thereof) in any media now known or hereafter developed. The foregoing license granted
by you terminates once you remove or delete a User Submission from the Website.
If you choose to post User Submissions on PhotoCreatures.com Web pages, we require
that you adhere to generally accepted rules of etiquette and standards of behavior, and
that your use of PhotoCreatures.com reflects your respect for the legal rights of users
connected with PhotoCreatures.com. You understand that PhotoCreatures.com does
not guarantee any confidentiality with respect to any User Submission.
PhotoCreatures.com expressly disclaims any and all liability in connection with User
Submissions. PhotoCreatures.com reserves the right to remove Content and User
Submissions in its sole discretion and without prior notice. PhotoCreatures.com also
reserves the right to terminate a user's access to the Website at any time in its sole
discretion and without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all
materials you post on PhotoCreatures.com, including text, data, graphics, audio or
video content, music, sound, chat, messages, files or other material (collectively User
Submissions) whether the User Submission is included in blogs, discussion groups,
emails, profiles, comments, or any other portion or feature of PhotoCreatures.com.
You may not, in connection with the Website:
- • Upload, post, email or otherwise transmit any User Submission that is libelous or
defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- • infringes or violates any patent, copyright, trademark, trade secret or other property
right;
- • breaches a duty of confidentiality by which you are bound due to a contractual or
fiduciary relationship (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- • a reasonable person would consider harassing, abusive, threatening, harmful,
vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise
objectionable or offensive in any way;
- • constitutes a breach of any person’s privacy or publicity rights, a misrepresentation
of facts, or hate speech;
- • violates or encourages others to violate any applicable law, statute, ordinance or
regulation;
- • promotes software or services that deliver unsolicited e-mail; or
- • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar
harmful programming routines.
You may not, except with PhotoCreatures.com’s express advance authorization or in a
specially designated area, use the Website to:
- • Upload, post, email or otherwise transmit any User Submission that provides any
telephone numbers, street addresses, last names, URLs or email address; or
- • engage in commercial activities within PhotoCreatures.com;
- • harm minors in any way;
- • solicit personal information from anyone under 18;
- • provide false or deceptive information;
- • use PhotoCreatures.com content to engage in commercial activities;
- • delete, add or otherwise change other people’s entries or other Content when you
have not been granted the privileges to do so; or
- • allow usage by others in such a way as to violate PhotoCreatures.com’s Terms of
Use.
8. Copyright Infringement
PhotoCreatures.com respects the intellectual property of others, and we ask our users
to do the same. Thus, in your use of and interactions with PhotoCreatures.com and
the Website, you may not post, modify, distribute, or reproduce in any way any User
Submission that is copyrighted material belonging to others, without obtaining their prior
written consent. PhotoCreatures.com reserves the right, in its discretion, to remove any
User Submission if we believe it may infringe the copyright rights of others, and/or to
terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that
constitutes copyright infringement, you will need to send a written communication that
includes substantially the following (please consult your legal counsel or see Section
512(c)(3) of the Copyright Act to confirm these requirements):
- 1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
- 3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
material. Providing URLs in the body of an email is the best way to help us locate
content quickly.
- 4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
- 5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law.
- 6. A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Photo Creatures
230 Birmingham Dr, Suite 250
Cardiff by The Sea, CA 92007
Phone: 619 377 0145
Email: info@PhotoCreatures.com
Please also note that under Section 512(f) any person who knowingly materially
misrepresents that material or activity is infringing may be subject to liability.
9. Modifications to the Website
PhotoCreatures.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Website (or any part thereof) with or
without notice. PhotoCreatures.com shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Website.
10. Termination
PhotoCreatures.com may, under certain circumstances and without prior notice,
immediately terminate your PhotoCreatures.com account and access to the Website
and any other PhotoCreatures.com services. Cause for such termination shall include,
but not be limited to: (a) breaches or violations of the Terms of Use other incorporated
agreements or guidelines; (b) requests by law enforcement or other government
agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or
material modification to the Website (or any part thereof); (e) unexpected technical or
security issues or problems; (f) extended periods of inactivity; (g) engagement by you
in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in
connection with the Website or any other PhotoCreatures.com product. Termination
of your PhotoCreatures.com account includes: (a) removal of access to all pages
within the Website; (b) deletion of your password and all related information, files and
materials, including User Submissions associated with or inside your account (or any
part thereof); and (c) barring of further use of the Website. Further, you agree that all
terminations for cause shall be made in PhotoCreatures.com’s sole discretion and that
PhotoCreatures.com shall not be liable to you or any third party for any termination of
your account, any associated email address, or access to the Website.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOCREATURES.COM, AND
ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE,
LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR
OPERATOR OF PHOTOCREATURES.COM, DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. PHOTOCREATURES.COM MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE’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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE 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 WEBSITE. PHOTOCREATURES.COM
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND
PHOTOCREATURES.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PHOTOCREATURES.COM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL PHOTOCREATURES.COM, OR ANY PARENT,
SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR,
DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR
OF PHOTOCREATURES.COM, 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 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 YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE 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 PHOTOCREATURES.COM SHALL
NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by PhotoCreatures.com from its facilities in the
United States of America. PhotoCreatures.com makes no representations that the
Website is appropriate or available for use in other locations. Those who access or use
the Website from other jurisdictions do so at their own volition and are responsible for
compliance with local law.
13. Indemnity
You agree to defend, indemnify and hold harmless PhotoCreatures.com, and any
parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier,
agent, reseller, owner, or operator of PhotoCreatures.com, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney’s fees) arising from: (i) your use of and access to the Website;
(ii) your violation of any term of these Terms of Use; (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 Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Use and your use of the
Website.
14. Ability to Accept Terms of Use
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 of Use, and to abide by and comply with these Terms of Use.
PhotoCreatures.com is not intended for children under 13. If you are under 13 years of
age, then please do not use the PhotoCreatures.com Website.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be
assigned, transferred, delegated, and sublicensed by you, but may be assigned,
transferred, delegated, and sublicensed by PhotoCreatures.com without restriction.
16. Copyright Notice
The PhotoCreatures.com Website is 2012, Photo Creatures All Rights Reserved and no
portion of the Website may be copied, reproduced, transmitted, derived, or otherwise
used for any purpose without the prior written permission of PhotoCreatures.com.
17. Trademarks
All of the PhotoCreatures.com trademarks are owned by PhotoCreatures.com
and may not be used for any purpose without the prior written permission of
PhotoCreatures.com.
18. General
If any provision of these Terms of Use is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and effect. No waiver
of any term of this these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term, and PhotoCreatures.com’s failure to assert any right
or provision under these Terms of Use shall not constitute a waiver of such right or
provision. PhotoCreatures.com reserves the right to amend these Terms of Use at any
time in its sole discretion and without prior notice, which shall take effect upon posting
to the Website. It is your responsibility to review these Terms of Use for any changes.
Your use of the Website following any amendment of these Terms of Use will signify
your assent to and acceptance of its revised terms. You agree that any cause of action
arising out of or related to the Website must commence within one (1) year after the
cause of action accrues. Otherwise, such cause of action is permanently barred.
19. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User
Submissions or behavior, to info@PhotoCreatures.com. Please state the reasons
for your concern and provide a link to the User Content or, if appropriate, the
behavior in question. Upon receiving such a report of a possible violation,
PhotoCreatures.com in its sole discretion may investigate the matter and take such
action as PhotoCreatures.com determines to be appropriate.
20. Updates to Terms of Use
Terms of Use updated Jan 2nd, 2012.
