1. GENERAL PROVISIONS.
1.1 USE OF INFORMATION AVAILABLE ON THE SITE.
(a) You acknowledge that Photo.gifts reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
(b) Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of Photo.gifts and/or its suppliers or licensors.
(c) Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see paragraph 2 below for further details regarding Posted Information.
(d) Unless otherwise noted in a particular document, Photo.gifts hereby authorizes you to electronically copy or print in hard copy any document published by Photo.gifts on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Photo.gifts without prior written approval from Photo.gifts or the appropriate supplier or licensor is strictly prohibited.
(e) Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
(g) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
1.2 DESIGN AND LAYOUT.
The design of the Site is the property of Photo.gifts. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
1.3 LINKS TO THIRD PARTY SITES.
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Photo.gifts, and Photo.gifts is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
1.4 USER PRIVACY INFORMATION.
1.5 PRODUCT DESCRIPTIONS.
Photo.gifts attempts to be accurate at all times. However, Photo.gifts does not warrant that descriptions or other content of the Site are accurate, complete, reliable, current or error-free.
1.6 USER FEEDBACK AND IMPROPER TRANSMISSIONS.
(b) You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, hateful, inflammatory, libelous, false, defamatory, offensive, indecent, obscene or pornographic material, material that invades someone's right to privacy or celebrity, material that violates someone's copyright or other intellectual property rights, or material that would violate any other applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities, or that is otherwise objectionable. However, if such communications do occur, Photo.gifts will have no liability related to the content of any such communications.
(c) Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
(d) You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.
(e) Photo.gifts may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. Photo.gifts is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
1.7 DIGITAL MILLENNIUM COPYRIGHT ACT
(a) If you are a copyright owner or an agent thereof and believe that any Posted Information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(I) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(II) 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;
(III) 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;
(IV) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(V) A statement that you have 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; and
(VI) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Photo.gifts's designated Copyright Agent to receive notifications of claimed infringement is:
Attn. Designated Copyright Agent
3443 NW 107th Street
Miami FL 33167
or E-mail to email@example.com
You acknowledge that if you fail to comply with all of the requirements of Section 1.7(a), your DMCA notice may not be valid.
(c) Counter-Notice. If you believe that your Posted Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court sitting in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(d) If a counter-notice is received by the Copyright Agent, Photo.gifts may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Posted Information provider, member or user, the removed Posted Information may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Photo.gifts's sole discretion.
1.8 DELETION AND LOCKOUT.
1.9 INTERNATIONAL INFORMATION.
The Site may provide access to international data about Photo.gifts, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Photo.gifts, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
1.10 CONTESTS AND SWEEPSTAKES.
1.11 LINKING AND FRAMING.
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at www.us.photo.gifts. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.
2. POSTED INFORMATION.
2.1 ALL POSTED INFORMATION IS PUBLIC.
2.2 LICENSE TO POSTED INFORMATION.
(a) By submitting the Posted Information for publication on the Site, you grant to Photo.gifts, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenseable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute (in any format whatsoever) the Posted Information for any purpose related to the Site.
(b) You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization. If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to Photo.gifts a worldwide, royalty-free, sublicenseable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. Photo.gifts requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link. Photo.gifts reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.
(c) Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of Photo.gifts with regard to the contents of sites related to User Links.
2.3 USE AND MONITORING OF POSTED INFORMATION.
(a) The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. Photo.gifts may make only a portion of the Site available for the publication, distribution, and review of Posted Information. Photo.gifts is not involved in any transactions between the users who submit Posted Information and the users who view or use such information. Without limiting the generality of foregoing, Photo.gifts is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.
(b) In addition, please note that Photo.gifts cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.
(c) Photo.gifts has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. Photo.gifts may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by Photo.gifts of the Posted Information.
3. USER REPRESENTATIONS AND WARRANTIES.
3.1 Photo.gifts respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you hereby represent and warrant that:
b) The Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;
c) To the extent you are advertising to transfer or sell any product, you have all right, title and interest in such product to allow such transfer or sale (in particular, please note that the software license applicable to an Photo.gifts Product governs the ability to transfer it to another user);
d) You are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and
e) The Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
By reviewing or using the Posted Information, you represent and warrant that:
a) You will only use it for lawful purposes;
b) Your use of the Site will not violate or constitute the infringement of the Intellectual Property Rights of Photo.gifts or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and
c) Your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.
3.2 If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to Photo.gifts's Designated Agent for copyright complaints.
4. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION.
For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHOTO.GIFTS SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. PHOTO.GIFTS DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
(c) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHOTO.GIFTS SPECIFICALLY INFORMS YOU THAT PHOTO.GIFTS MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
4.2 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.
6.2 You agree to the sole and exclusive jurisdiction and venue of the federal or state courts sitting in Dade County, Florida, in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it, and you waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non convenience.You and Photo.gifts irrevocably waive the right to jury trial.
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