- PHOTOPRICE IS ONLY A VENUE. The Website acts as an online marketplace for you to find and transact with other users, Members, buyers or sellers (the "Users") showing products or services on the Service or otherwise associated with the Service. PhotoPrice is not a lender or seller. PhotoPrice is not a party to any transaction you may make with a lender or seller. PhotoPrice is not a party to any agreement you may make with a lender or seller with regard to any product. Any information you provide to a lender or seller in connection with your application remains with that lender or seller.
- PhotoPrice is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website, including, without limitations, any tax, duty, price, shipping cost analysis. Nothing on the Website contains an offer, promise or otherwise from PhotoPrice to sell a specific product or that any participating lender or seller will sell any product for any purpose or on any specific terms.
- PhotoPrice does not endorse, warrant or guarantee the products or services of any seller or lender, including, without limitations, any products posted by sellers or lenders.
- PhotoPrice is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. PhotoPrice is not liable for any acts or omission of acts of any seller or lender on the Website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services.
- Any information on the Website can change without notice.
- TRANSACTIONS. You may post content or view content posted by others on the Service. PhotoPrice does not monitor such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with the Users. PhotoPrice is not a party to the transactions between you and the Users of the Website.
You may complete transactions as follows:
- Transaction Processing by the Seller. For certain transactions, 1) sellers direct buyers to the seller's web site for transaction processing, or 2) sellers provide buyers with sellers' contact information outside the Website to complete a transaction. PhotoPrice never collects credit card information from buyers for transactions.
- Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions.
The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. PhotoPrice and any of PhotoPrice's Co-branded Partners, Licensees and Affiliates (collectively "PhotoPrice Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. If you have a dispute with the Users or any third party, you release PhotoPrice (and its agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect.
You may disclose personal information directly to Users or through PhotoPrice, You understand and accept the risk that Users may misuse your personal information. PhotoPrice does not guarantee the identities of Users nor does PhotoPrice guarantee the accuracy of the information supplied by Users. Buyers acknowledge and agree that PhotoPrice may transmit their credit card information to the sellers or to third parties that process sellers' credit card payments. You acknowledge and agree that PhotoPrice shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information.
You acknowledge and agree that you or PhotoPrice may terminate your ability to sell or buy on the PhotoPrice Listings at any time. If you are a seller, you agree that you remain liable and will pay PhotoPrice any fees due to PhotoPrice for any services you received prior to the termination date.
- Grant of License. You hereby grant to PhotoPrice, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to PhotoPrice that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with PhotoPrice's current content submission guidelines. PhotoPrice shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. PhotoPrice has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until PhotoPrice specifies another form of delivery of Member Content or another URL address, you may submit Member Content to PhotoPrice at http://www.photoprice.ca. As the sole consideration for the license and rights granted to PhotoPrice under the Agreement, PhotoPrice will consider posting Member Content on the Website.
- Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to PhotoPrice, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by PhotoPrice to others.
In addition, the following rules apply to your use of the Service:
- You certify to PhotoPrice that you are at least 18 years of age.
- You assume full responsibility for the use of the Service by any minors.
- Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
- You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that PhotoPrice does not endorse the actions, the contents of communications, or the products of the Users.
- You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
- You must complete all transactions you agree to complete in connection with the Service.
- In your capacity as a seller, if applicable, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You must forward all feedback you receive regarding the Service to PhotoPrice when acting as a seller.
While PhotoPrice takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL PHOTOPRICE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PHOTOPRICE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to PhotoPrice; PhotoPrice may change this address at any time by posting a notice to the Website: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) 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 (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. PhotoPrice's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PhotoPrice in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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