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UnitedCamera.com
Service Agreement/Terms of Use
1. ACCEPTANCE OF TERMS
The services that [UNITED CAMERA] provides to User
is subject to the following Terms of Use ("TOU"). [UNITED
CAMERA] reserves the right to update the TOU at any time without
notice to User. The most current version of the TOU can be reviewed
by clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
A. This Agreement, which incorporates by reference
other provisions applicable to use of [UNITEDCAMERA.COM], including,
but not limited to, supplemental terms and conditions set forth
hereof ("Supplemental Terms") governing the use of certain
specific material contained in [UNITEDCAMERA.COM], sets forth the
terms and conditions that apply to use of [UNITEDCAMERA.COM] by
User. By using [UNITED CAMERA] (other than to read this Agreement
for the first time), User agrees to comply with all of the terms
and conditions hereof. The right to use [UNITEDCAMERA.COM] is personal
to User and is not transferable to any other person or entity. User
is responsible for all use of User's Account (under any screen name
or password) and for ensuring that all use of User's Account complies
fully with the provisions of this Agreement. User shall be responsible
for protecting the confidentiality of User's password(s), if any.
B. [UNITED CAMERA] shall have the right at any time
to change or discontinue any aspect or feature of [UNITEDCAMERA.COM],
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
2. CHANGED TERMS
[UNITED CAMERA] shall have the right at any time to
change or modify the terms and conditions applicable to User's use
of [UNITEDCAMERA.COM], or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on [UNITEDCAMERA.COM], or by electronic
or conventional mail, or by any other means by which User obtains
notice thereof. Any use of [UNITEDCAMERA.COM] by User after such
notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, [UNITED CAMERA] provides
User with access to a variety of resources, including download areas,
communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features,
and/or the addition of any new Web properties, are subject to the
TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining
all telephone, computer hardware, software and other equipment needed
for access to and use of [UNITEDCAMERA.COM] and all charges related
thereto.
5. USER CONDUCT
A. User shall use [UNITEDCAMERA.COM] for lawful purposes
only. User shall not post or transmit through [UNITEDCAMERA.COM]
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without [UNITED CAMERA] 's express prior
approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a User that in [UNITED CAMERA]
's discretion restricts or inhibits any other User from using or
enjoying [UNITEDCAMERA.COM] will not be permitted. User shall not
use [UNITEDCAMERA.COM] to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become
subscribers of other on-line information services competitive with
[UNITED CAMERA] .
B. [UNITEDCAMERA.COM] contains copyrighted material,
trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of [UNITEDCAMERA.COM] are copyrighted as
a collective work under the [COUNTRY] copyright laws. [UNITED CAMERA]
owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original
to it. User may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will
be permitted without the express permission of [UNITED CAMERA] and
the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall
be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available
on [UNITEDCAMERA.COM] any material protected by copyright, trademark
or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected by
copyright rests with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting
material to any public area of [UNITEDCAMERA.COM], User automatically
grants, or warrants that the owner of such material has expressly
granted [UNITED CAMERA] the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full
term of any copyright that may exist in such material. User also
permits any other User to access, view, store or reproduce the material
for that User's personal use. User hereby grants [UNITED CAMERA]
the right to edit, copy, publish and distribute any material made
available on [UNITEDCAMERA.COM] by User.
D. The foregoing provisions of Section 5 are for the
benefit of [UNITED CAMERA], its subsidiaries, affiliates and its
third party content providers and licensors and each shall have
the right to assert and enforce such provisions directly or on its
own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin
board services, chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable User to communicate
with others (each a "Communication Service" and collectively
"Communication Services"). User agrees to use the Communication
Services only to post, send and receive messages and material that
are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, User agrees
that when using the Communication Services, User will not:
- Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial
or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
- Upload, or otherwise make available, files that
contain images, photographs, software or other material protected
by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless User own or control the rights thereto
or have received all necessary consent to do the same.
- Use any material or information, including images
or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Services
specifically allows such messages.
- Download any file posted by another user of a Communication
Service that User know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any directory
of users of the Services or other user or usage information or
any portion thereof.
[UNITED CAMERA] has no obligation to monitor the Communication
Services. However, [UNITED CAMERA] reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. [UNITED CAMERA] reserves the right
to terminate User's access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever. [UNITED
CAMERA] reserves the right at all times to disclose any information
as it deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part,
in [UNITED CAMERA]'s sole discretion.
Materials uploaded to the Communication Services may
be subject to posted limitations on usage, reproduction and/or dissemination;
User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable information
in any Communication Services. [UNITED CAMERA] does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, [UNITED CAMERA] specifically disclaims
any liability with regard to the Communication Services and any
actions resulting from User's participation in any Communication
Services. Managers and hosts are not authorized [UNITED CAMERA]
spokespersons, and their views do not necessarily reflect those
of [UNITED CAMERA].
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account,
User must complete the registration process by providing [UNITED
CAMERA] with current, complete and accurate information as prompted
by the applicable registration form. User also will choose a password
and a user name. User is entirely responsible for maintaining the
confidentiality of User's password and account. Furthermore, User
is entirely responsible for any and all activities that occur under
User's account. User agrees to notify [UNITED CAMERA] immediately
of any unauthorized use of User's account or any other breach of
security. [UNITED CAMERA] will not be liable for any loss that User
may incur as a result of someone else using User's password or account,
either with or without User's knowledge. However, User could be
held liable for losses incurred by [UNITED CAMERA] or another party
due to someone else using User's account or password. User may not
use anyone else's account at any time, without the permission of
the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS UNITEDCAMERA.COM
Any software that is made available to download from
the Services ("Software") is the copyrighted work of [UNITED
CAMERA] and/or its suppliers. Use of the Software is governed by
the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download solely
for use by end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, [UNITED CAMERA] HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, [UNITED CAMERA] MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. [UNITED CAMERA] DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS UNITEDCAMERA.COM
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all copies
and that both the copyright notice and this permission notice appear,
(2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3)
no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and
state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent possible.
[UNITED CAMERA] AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. [UNITED CAMERA]
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN
NO EVENT SHALL [UNITED CAMERA] AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [UNITED
CAMERA] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS SITE
IN NO EVENT SHALL [UNITED CAMERA] AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO [UNITED CAMERA] OR POSTED AT ANY OF ITS
UNITEDCAMERA.COMS
[UNITED CAMERA] does not claim ownership of the materials
User provide to [UNITED CAMERA] (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of
any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
User's Submission User is granting [UNITED CAMERA], its affiliated
companies and necessary sublicensees permission to use User's Submission
in connection with the operation of their Internet businesses (including,
without limitation, all [UNITED CAMERA] Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
User's Submission; to publish User's name in connection with User's
Submission; and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use of User's Submission,
as provided herein. [UNITED CAMERA] is under no obligation to post
or use any Submission User may provide and [UNITED CAMERA] may remove
any Submission at any time in its sole discretion. By Posting a
Submission User warrants and represents to own or otherwise control
all of the rights to User's Submission as described in these Terms
of Use including, without limitation, all the rights necessary for
User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in part ("Images"),
User warrant and represent that (a) User is the copyright owner
of such Images, or that the copyright owner of such Images has granted
User permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose
of User's use and as otherwise permitted by these Terms of Use and
the Services, (b) User have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to
the use of the Images as set forth in these Terms of Use, including,
by way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, User
is granting (a) to all members of User's private community (for
each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission
to use User's Images in connection with the use, as permitted by
these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat User's Images without having User's name attached to such
Images, and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time User completely remove such
Images from the Services, provided that, such termination shall
not affect any licenses granted in connection with such Images prior
to the time User completely remove such Images. No compensation
will be paid with respect to the use of User's Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF [UNITEDCAMERA.COM]
IS AT USER'S SOLE RISK. NEITHER [UNITED CAMERA], ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT [UNITEDCAMERA.COM] WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF [UNITEDCAMERA.COM], OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH [UNITEDCAMERA.COM].
B. [UNITEDCAMERA.COM] IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT [UNITED
CAMERA] IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL [UNITED CAMERA], OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING [UNITEDCAMERA.COM] OR THE
[UNITED CAMERA] SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
[UNITEDCAMERA.COM]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
[UNITED CAMERA], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR
ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN [UNITEDCAMERA.COM],
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. [UNITED CAMERA], ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
[UNITED CAMERA], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY
OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,
WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE,
FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR
SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE
OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS
UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE [UNITED
CAMERA]'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF [UNITED
CAMERA] AND [UNITED CAMERA] IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. [UNITED CAMERA] IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. [UNITED CAMERA] IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY [UNITED CAMERA] OF THE SITE.
[UNITED CAMERA] is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, [UNITED CAMERA]
has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users
or any other user of [UNITEDCAMERA.COM], are those of the respective
author(s) or distributor(s) and not of [UNITED CAMERA]. Neither
[UNITED CAMERA] nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
In many instances, the content available through [UNITEDCAMERA.COM]
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with [UNITED CAMERA].
[UNITED CAMERA] neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on [UNITEDCAMERA.COM]
by anyone other than authorized [UNITED CAMERA] employee spokespersons
while acting in their official capacities. Under no circumstances
will [UNITED CAMERA] be liable for any loss or damage caused by
a User's reliance on information obtained through [UNITEDCAMERA.COM].
It is the responsibility of User to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content
available through [UNITED CAMERA]. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
[UNITED CAMERA] OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN [UNITED CAMERA]'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO [UNITED CAMERA]. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO [UNITED CAMERA] OR ANYONE
AT [UNITED CAMERA]. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT [UNITED CAMERA] MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
[UNITED CAMERA] shall have the right, but not the
obligation, to monitor the content of [UNITEDCAMERA.COM], including
chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by [UNITED CAMERA] and to satisfy
any law, regulation or authorized government request. [UNITED CAMERA]
shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on [UNITEDCAMERA.COM].
Without limiting the foregoing, [UNITED CAMERA] shall have the right
to remove any material that [UNITED CAMERA], in its sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless
[UNITED CAMERA], its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of [UNITED CAMERA]
by User or User's Account.
17. TERMINATION
Either [UNITED CAMERA] or User may terminate this
Agreement at any time. Without limiting the foregoing, [UNITED CAMERA]
shall have the right to immediately terminate User's Account in
the event of any conduct by User which [UNITED CAMERA], in its sole
discretion, considers to be unacceptable, or in the event of any
breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for [UNITEDCAMERA.COM]
established by [UNITED CAMERA] constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the [STATE/PROVINCE, COUNTRY], without
regard to its conflict of laws rules. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any
legal import.
19. COPYRIGHT NOTICE
[UNITED CAMERA] its logos are trademarks of [UNITED
CAMERA] Ltd. All rights reserved. All other trademarks appearing
on [UNITED CAMERA] are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners. The example
companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, email
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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