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Your
acceptance
By
using and/or visiting this website you signify your full agreement and assent to
these and the following terms and conditions which may be updated at any time,
whereas if you do not agree to any of these terms then you are requested not to
use the AmazingSnaps website.
Website access
AmazingSnaps
hereby grants you permission to use the website as set forth in these terms
provided that your use as permitted is solely for your personal, ibellouscial
use and that you will not copy or distribute any part of the website in any
medium without AmazingSnaps’ owners prior written authorization and that you
will otherwise comply with the terms and conditions.
Intellectual
property rights
The
content on the website except user submissions including without limitation, the
text, software, scripts, graphics, photos, interactive features and the like are
owned by the owner/s of AmazingSnaps and subject to copyright and other intellectual property
rights. 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 other purposes whatsoever without the prior written consent of the
respective owners of AmazingSnaps who reserve all rights not expressly granted
in and to the website and the content.
Availability
Anyone
using this site and submitting their pictures for display acknowledges that all
pictures displayed on the site become published content and are not considered
personally identifiable information and are liable therefore to being copied,
used or republished by other parties. Any content submitted that a user
discloses voluntarily online becomes publicly available and can be collected and
used by others. Pictures submitted and displayed may be redistributed through
the internet and other channels and may be viewed publicly.
Registration
In
consideration of your use of the sites services when requested to provide your
email address as part of any registration or proof of your identity and
ownership of the pictures you are uploading or comments posted or for the
purposes of AmazingSnaps communicating with you, you represent that you are of
legal age to form a binding contract and agree to provide accurate, correct,
current and true information as requested by the site and understand and agree
that the site may use this email information for the purposes of contacting you
regarding your use of the site, its future activities, promotions and any
queries or disputes regarding the pictures and other information you upload onto
the site or provide to the site.
User submissions
This
website may now or in the future permit the submission of pictures or other
communications submitted by you and other users and that you understand that
whether or not such user submissions are published or displayed the site does
not guarantee any confidentiality with respect to any submissions.
Upon
any such pictures or material being submitted to the AmazingSnaps website the
submitter of said picture or pictures expressly thereby grants permission to
AmazingSnaps to display all such material or pictures without any limiting time
period or lapse of such permissions but may request any such pictures or
material are deleted from the site upon which AmazingSnaps will consider acting
on any such deletion of material request but is not obligated to carry out any
such requests by the user.
You
the user, submitter of material shall be solely responsible for your own
submissions and the consequences of the site displaying or publishing them and
that you affirm, represent, and/or warrant that you own or have the necessary
licenses, rights, consents, and permissions to use and authorize AmazingSnaps to
use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all user submissions to enable inclusion and use of the user
submissions in the manner contemplated by the website.
By
submitting any pictures or material to AmazingSnaps you hereby grant
AmazingSnaps a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the user submissions in connection with the AmazingSnaps
website and its business, including without limitation for promoting and
redistributing part or all of the AmazingSnaps website and derivative works
thereof in any media formats and through any media channels. You also hereby
grant each user of the site a non-exclusive license to access your user
submissions through the website, and to use, reproduce, distribute, prepare
derivative works of and display.
The
user information supplied to the site including the users email address is given
freely by the user when submitting any picture/s for consideration to be
displayed on the site. The users information is primarily used to record and
identify who has submitted and therefore owns or has the rights to submit each
and every picture submitted and in case of the need to contact said user
regarding the site’s services or administration or use of their pictures or
for any marketing related to the site or because another party wishes to contact
the user about their pictures.
You
agree that you will not submit material that is copyrighted by another party
other than yourself, 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 permission from their rightful owner to post
the material and to grant AmazingSnaps
all of the license rights granted herein and that you will not publish
falsehoods or misrepresentations that could damage AmazingSnaps
or any third party and that you will not submit material that is shocking,
violent, unlawful, obscene, defamatory, ibellous, pornographic, offensive,
racist or otherwise inappropriate.
AmazingSnaps
does not endorse any user submission and expressly disclaims any and all
liability in connection with user submissions. AmazingSnaps does not permit
copyright infringing activities and infringement of intellectual property rights
on its website and will remove any such content that infringes on another’s
intellectual property rights and reserves the right to remove any content and
user submissions without prior notice or reason.
By using this site and uploading pictures onto the site you also give AmazingSnaps and its owner/s full permission without condition and at no cost or fee to them whatsoever to use, republish and promote your pictures either on the site such as but not limited to inclusion as 'featured' pictures or as part of any page pictures related to the promotion of the site and also the external promotion and marketing of the site including but not limited to your pictures forming part of any AmazingSnaps press or media release or reuse of your pictures by any other promotional, publishing or media medium or firm for the potential benefit of the AmazingSnaps site and its owner/s.
AmazingSnaps
is required to reserve the right to release user information if required to do
so by law or in good faith belief that such action is
necessary to comply with the law.
Visitors
are free to decline to submit personally identifiable information to the site in
which case some or all services may not be available to such visitors.
Whilst
the site uses reasonable physical, managerial, and technical safeguards to
preserve the integrity and security of user information, we cannot warrant the
security of any information you transmit to the site and users do so at their
own risk.
Regarding
the privacy of children, the site will not knowingly
collect or maintain information from persons under 13 years of age and no part
of our website is directed to persons under 13. If the site learns that
information of persons under 13 years of age has been collected without verified
parental consent then such information will be deleted. Users submitting
pictures where the main subject includes children under 13 must be the legal
parents or guardians of such children and abide by the terms of this site.
AmazingSnaps
reserves the right to decide whether content or user submissions are appropriate
and complies with these terms for violations other than copyright and
intellectual property infringement.
Content
and conduct
You
are entirely responsible for all information, content and pictures that you
upload as part of the publicly available services of this site. AmazingSnaps
does not control the content, comments or pictures posted via the sites services
and, as such, does not guarantee the accuracy, integrity or quality of such
content. You understand that by using the site you may be exposed to content
that is indecent or offensive. Under no circumstances will AmazingSnaps be
liable in any way for any content including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a result
of the use of any content uploaded or otherwise made available via the site.
You
agree to not use the service to upload content that is libellous, obscene,
unlawful, racist, pornographic, abusive or otherwise deemed objectionable, nor
will you upload content that you do not have a right to make available under any
law, nor will you upload that infringes any trademark, copyright or other
proprietary rights of another party, nor will you upload or transmit any
unsolicited or unauthorized advertising, promotional materials or junk mail, nor
will you upload any intentionally or unintentionally malicious software viruses,
files, programs or computer code and that any such harmful viruses or software
transmitted to your computer system through the site is not the responsibility
of the site.
You
acknowledge that AmazingSnaps may or may not pre-screen content, but has the
right but not the obligation in their sole discretion to pre and post-screen,
refuse, alter or delete any content that is uploaded and made available on the
site.
Warranty
disclaimer
You
agree that your use of the AmazingSnaps website shall be at your sole risk and
that to the fullest extent permitted by law AmazingSnaps and its owners and
operators disclaim all warranties express or implied in connection of the
website and your use thereof. AmazingSnaps makes no warranties or
representations about the accuracy or completeness of this site’s content or
any sites linked to this site and assumes no liability or responsibility for any
errors, mistakes or inaccuracies of content or personal injury or property
damage of any nature whatsoever or any interruption or cessation of this website
or any faulty or mischievous material or computer content transmitted or
transferred through this site or any loss or damage. AmazingSnaps does not
warrant, endorse or guarantee any product or service advertised or offered by
any third party on this website and has no responsibility for any transactions
or communications you may have with any such third parties.
Liability
limitation and indemnity
In
no event shall AmazingSnaps, its owners or operators be liable to you for any
incidental, punitive, indirect, direct or consequential damages whatsoever
resulting from any errors, content inaccuracies, personal injury or property
damage or any interruption or cessation of the website and its services and such
foregoing limitation of liability shall apply to the fullest extent permitted by
law. You agree to defend, indemnify and hold harmless AmazingSnaps, its owners
and operators from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses arising from your use of and access to
the AmazingSnaps website and your violation of any of these terms and of any
third party right, including without limitation any copyright, property, or
privacy right and any claim that one of your submissions caused damage to a
third party. This defence and indemnification obligation will survive these
Terms and your use of the AmazingSnaps website.
Communications
You
understand and agree that as part of the services provided by AmazingSnaps this
may include certain communications from AmazingSnaps such as newsletters,
administrative and services messages and that these communications are
considered part of you using the site.
Objections
to a picture
We
understand that from time to time a picture displayed on the site may cause an
individual/s offence or potentially infringe someone else’s rights and we will
review any such objections emailed to us about a picture and if we deem the
objection/s to be valid will remove that picture from the site.
Changes
We
reserve the right to change, revise, alter and delete any such stated terms,
conditions or advice without notice or reason and expect from time to time that
revisions may be made whereby it is the responsibility of the users to refer to
the prevailing terms at any such time of use.
Third
party links
This
website may contain links to third party websites that are not owned or
controlled by this site which therefore assumes no responsibility for the
content, privacy policies, or practices of such third party websites.
Assignment
In
the event that Amazing Snaps is acquired by or merged with a third party entity,
we reserve the right to transfer or assign with this site the information, user
contacts, pictures and the like we have collected from the site’s users as
part of such merger, acquisition, sale, or other change of control. In the
unlikely event of the site’s bankruptcy, insolvency, receivership or
assignment for the benefit of creditors, we may not be able to control how user
information is treated, transferred, or used.
These
Terms of Use and Service and any rights and licenses granted hereunder may not
be transferred or assigned by you but may be assigned by the site without
restriction.
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 and to abide by and comply with these
Terms.