TERMS AND CONDITIONS OF USE: PHOTOCYCLOPS.COM WEBSITE
Welcome to the Photocyclops.com website. Following are the terms and conditions that govern your use of this site:
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PHOTOCYCLOPS.COM (“PHOTOCYCLOPS.COM”, “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by Photocyclops.com. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Photocyclops.com, its licensors and its content providers.
All elements of the Photocyclops.com website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Photocyclops.com or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Photocyclops.com or its licensors unless otherwise expressly agreed. You shall indemnify Photocyclops.com, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Photocyclops.com fully respects your right to privacy and utilizes the following practices in regards to any information with which we are provided or obtain about users of this website.
In order to fulfill licensing transactions or provide service to you as a customer of Photocyclops.com, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number.
By providing this information to Photocyclops.com, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Photocyclops.com’s offices, subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country.
If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time, we may notify you of special promotions, new products or services, or other information that might interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside Photocyclops.com, its subsidiaries, affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking the appropriate button or check box when first asked to respond to the issue, or by modifying your profile at anytime thereafter—we will not send you information if you inform us that you do not wish to receive such materials.
All images are reproductions of original photographs taken by Jim Dines and are registered with the U.S. Copyright office.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND PHOTOCYCLOPS.COM EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
PHOTOCYCLOPS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PHOTOCYCLOPS.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Photocyclops.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Photocyclops.com website; however, these other websites are not controlled by Photocyclops.com and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Photocyclops.com regarding the inclusion of links to outside websites or your use of those websites.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California in Marin County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Photocyclops.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Photocyclops.com, such action is necessary or desirable.
No Waiver, Severability