| TERMS AND
CONDITIONS
1. ACCEPTANCE OF TERMS
Welcome to QualityPhotoAds. QualityPhotoAds provides its service to
you, subject to the following Terms and Conditions ("T &
C"), which may be updated by us from time to time without notice to
you. You can review the most current version of the T & C at any time
at: www.QualityPhotoAds.com. In addition, when using particular
QualityPhotoAds services, you and QualityPhotoAds shall be subject to any
posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the T & C.
2. DESCRIPTION OF SERVICE
QualityPhotoAds currently provides users with access to a rich
collection of resources, including, various communications tools, forums,
shopping services, personalized content and branded programming through
its network of properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new QualityPhotoAds properties, shall be
subject to the T & C. You understand and agree that the Service is
provided "AS-IS" and that QualityPhotoAds assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings. You are
responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
QualityPhotoAds has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, QualityPhotoAds has the
right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
4. QUALITYPHOTOADS PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy at
www.QualityPhotoAds.com.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify QualityPhotoAds of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. QualityPhotoAds
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not QualityPhotoAds, are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. QualityPhotoAds does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will QualityPhotoAds be
liable in any way for any Content, including, but not limited to, for 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 Service.
You agree to not use the Service to:
- upload, post, email, transmit
or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or
entity, including, but not limited to, a QualityPhotoAds official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
- upload, post, email, transmit
or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, email, transmit
or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit
or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges;
- interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks
connected to the Service;
- intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise
harass another; or
- collect or store personal data
about other users.
You acknowledge that QualityPhotoAds may not pre-screen Content, but
that QualityPhotoAds and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, QualityPhotoAds
and its designees shall have the right to remove any Content that violates
the T & C or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by QualityPhotoAds including without limitation
information in QualityPhotoAds Message Boards, and in all other parts of
the Service.
You acknowledge, consent and agree that QualityPhotoAds may access,
preserve, and disclose your account information and Content if required to
do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the T & C; (c) respond to claims that any Content violates the
rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of
QualityPhotoAds, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials to
be protected, and use of these materials is subject to usage rules set by
QualityPhotoAds and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
QualityPhotoAds does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of
the Service, you grant QualityPhotoAds the following world-wide, royalty
free and non-exclusive license(s), as applicable:
- With respect to Content you
submit or make available for inclusion on publicly accessible areas of
QualityPhotoAds Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the
specific QualityPhotoAds Group to which such Content was submitted or
made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at
the time you remove or QualityPhotoAds removes such Content from the
Service.
- With respect to phoT & C,
graphics, audio or video you submit or make available for inclusion on
publicly accessible area of the Service other than QualityPhotoAds
Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at
the time you remove or QualityPhotoAds removes such Content from the
Service.
- With respect to Content other
than phoT & C, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than QualityPhotoAds Groups, the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of
the QualityPhotoAds network of properties that are intended by
QualityPhotoAds to be available to the general public. By way of example,
publicly accessible areas of the Service would include QualityPhotoAds
Message Boards and portions of QualityPhotoAds Groups, PhoT & C and
Briefcase that are open to both members and visitors. However, publicly
accessible areas of the Service would not include portions of
QualityPhotoAds Groups that are limited to members, QualityPhotoAds
services intended for private communication such as QualityPhotoAds Mail
or QualityPhotoAds Messenger, or areas off of the QualityPhotoAds network
of properties such as portions of World Wide Web sites that are accessible
through via hypertext or other links but are not hosted or served by
QualityPhotoAds.
9. INDEMNITY
You agree to indemnify and hold QualityPhotoAds, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation of the T
& C, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your QualityPhotoAds I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that QualityPhotoAds may establish general practices
and limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum number
of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on QualityPhotoAds's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that QualityPhotoAds has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that QualityPhotoAds reserves
the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that QualityPhotoAds reserves the right to
modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
QualityPhotoAds reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that QualityPhotoAds shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that QualityPhotoAds may, under certain circumstances and
without prior notice, immediately terminate your QualityPhotoAds
account, any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches or
violations of the T & C or 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 Service (or any part
thereof), (e) unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your QualityPhotoAds
account includes (a) removal of access to all offerings within the
Service, including but not limited to QualityPhotoAds Mail, Groups,
Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings,
Alerts and Games, (b) deletion of your password and all related
information, files and content associated with or inside your account (or
any part thereof), and (c) barring further use of the Service. Further,
you agree that all terminations for cause shall be made in
QualityPhotoAds's sole discretion and that QualityPhotoAds shall not be
liable to you or any third-party for any termination of your account, any
associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that QualityPhotoAds
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because QualityPhotoAds has no control
over such sites and resources, you acknowledge and agree that
QualityPhotoAds is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
QualityPhotoAds shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. QUALITYPHOTOADS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by QualityPhotoAds or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part.
QualityPhotoAds grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on
a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by QualityPhotoAds for use in
accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. QUALITYPHOTOADS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- QUALITYPHOTOADS MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUALITYPHOTOADS OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE T & C.
- A SMALL PERCENTAGE OF USERS
MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR
EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUALITYPHOTOADS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
QUALITYPHOTOADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. QualityPhotoAds and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions made
based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T &
C, there shall be no third party beneficiaries to this Agreement.
22. NOTICE
QualityPhotoAds may provide you with notices, including those regarding
changes to the T & C, by either email, regular mail, or postings on
the Service.
23. TRADEMARK INFORMATION
The QUALITYPHOTOADS, QualityPhotoAds logo, trademarks and service marks
and other QualityPhotoAds logos and product and service names are
trademarks of QualityPhotoAds Inc. Without QualityPhotoAds's prior
permission, you agree not to display or use in any manner.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
QualityPhotoAds respects the intellectual property of others, and we
ask our users to do the same. QualityPhotoAds may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts
of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide
QualityPhotoAds's Copyright Agent the following information:
- an electronic or physical
signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
- a description of the
copyrighted work or other intellectual property that you claim has
been infringed;
- a description of where the
material that you claim is infringing is located on the site;
- your address, telephone
number, and email address;
- a statement by you that you
have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
- a statement by you, made under
penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner
or authorized to act on the copyright or intellectual property owner's
behalf.
25. GENERAL INFORMATION
Entire Agreement. The T & C constitute the entire agreement
between you and QualityPhotoAds and govern your use of the Service,
superceding any prior agreements between you and QualityPhotoAds. You also
may be subject to additional terms and conditions that may apply when you
use or purchase certain other QualityPhotoAds services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The T & C and the relationship
between you and QualityPhotoAds shall be governed by the laws of the State
of Oregon without regard to its conflict of law provisions. You and
QualityPhotoAds agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Jackson, Oregon.
Waiver and Severability of Terms. The failure of QualityPhotoAds
to exercise or enforce any right or provision of the T & C shall not
constitute a waiver of such right or provision. If any provision of the T
& C is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the T & C remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your QualityPhotoAds account is non-transferable and any rights to your
QualityPhotoAds I.D. or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the T & C must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the T & C are for convenience only and have
no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the T & C to QualityPhotoAds.
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