I. Acceptance of Terms and Conditions
Use of this The Photo Lab Website (this “Website”) is governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you (“User”) agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions please do not use this Website. Using this Website constitutes irrevocable acceptance of all terms and conditions stated below.
II. Ownership / Intellectual Property Rights and Website Administration
The Photo Lab owns and claims copyright to all content, images, text, data, trademarks, and non-third party product names (“Content”), with the exception of images and other content that has been licensed through appropriate means. The licensing of such data, images, text, and trademarks remains with the original copyright owner. This agreement includes intellectual property rights in the Content including trademarks and copyrights (“Intellectual Property Rights”). All Content is deemed to be the property of The Photo Lab, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of The Photo Lab except as provided in these terms and conditions.
2. Authorized and Prohibited Uses
User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of The Photo Lab; provided, however, if the functionality of the Website permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, User may send that particular Content or link to others by e-mail, as indicated. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
The Photo Lab may or may not provide the ability to register for access to this Website. This registration may be a requirement for use of specific portions of the Website. This registration will require the provision of specific identifying details about the user. All details provided by the User, during the registration process are required to be correct, current, and complete. If The Photo Lab determines that the details of the registration are not correct or falsified, The Photo Lab will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User’s account, if any.
In situations where registration and subsequent password protection is used to access the Website. User is responsible for maintaining the confidentiality of any password(s) given by the Website or created by User. User is fully responsible for all activities that occur under User’s registration ID and password(s). User agrees to notify The Photo Lab immediately of any unauthorized use of User’s password(s). The Photo Lab reserves the absolute right not to issue a password to any person or entity or to suspend the registration / password of any user for any reason that The Photo Lab deems necessary.
No link shall be made to any page of this Website except a direct link to the top page (http://www.thephotolab.us) without framing. In addition, any link to this Website must be immediately followed by notice to The Photo Lab via e-mail at firstname.lastname@example.org. Moreover, in the event The Photo Lab deems User’s linking practices in relation to this Website to be inappropriate, The Photo Lab may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of The Photo Lab relating thereto. Upon notification of The Photo Lab as provided above, User may link to this Website unless and until The Photo Lab gives notice that User must discontinue linking to this Website.
6. Authority of Website Administrator
The Photo Lab may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. The Photo Lab may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
III. User Requirements and Obligations
User will comply with all applicable laws in connection with its use of this Website. In addition, User will comply with all restrictions, guidelines, and terms outlined in this Terms of Service.
2. Unsuitable Conduct
User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to The Photo Lab. User will notify The Photo Lab immediately upon learning of any action that is deemed Unsuitable and will cooperate fully with The Photo Lab and its agents to correct or remedy damages caused by the conduct.
3. User Cooperation and Notification
User will cooperate with all reasonable requests of The Photo Lab and will notify The Photo Lab promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
4. Third Party Sites and Other Information
From time to time, this Website may contain Content, links, and other information submitted by third parties over whom The Photo Lab has no control or responsibility. The Photo Lab has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of The Photo Lab, and User acknowledges that (whether or not such sites are affiliated in any way with The Photo Lab) The Photo Lab is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by The Photo Lab or any association with its operators. Moreover, The Photo Lab has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
5. Warranty Disclaimers, Limitations on Liability and Remedies
This Website, its Content, and its links are provided on an “as is” basis and are used only at the sole risk of User, to the fullest extent permissible by law. The Photo Lab disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO user, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Photo Lab will not be liable for any damages or losses, including direct, indirect, special, incidental, consequential, or punitive damages and lost profits, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if The Photo Lab has been advised of the possibility of such damages. The Photo Lab will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, The maximum liability of The Photo Lab will be limited to, in the sole discretion of The Photo Lab, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by The Photo Lab from User.
User will defend, indemnify and hold harmless The Photo Lab and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User. s use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.
1. Separate Terms and Conditions
In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
3. Dispute Resolution; Applicable Law and Forum
4. Modification of Terms and Conditions, Etc.
5. Contact Information