“photographerandmuse.com” also known as Photographer & Muse, P&M, is the interactive online publication operated by Slick Media Inc. “Slick Media” on the World Wide Web of the Internet, consisting of information services and content provided by photographerandmuse.com, affiliates of photographerandmuse.com and other third parties.
(A) This Agreement governs your use of the photographerandmuse.com website and the services provided on the site, and sets forth the terms and conditions that apply to your use of the site. By using photographerandmuse.com, you agree to comply with all of the terms and conditions set forth here.
(B) photographerandmuse.com shall have the right at any time to change or discontinue any aspect or feature of photographerandmuse.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
photographerandmuse.com shall have the right at any time to change or modify the terms and conditions applicable to your use of photographerandmuse.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 photographerandmuse.com, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use by you of photographerandmuse.com after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
4. Your Conduct in Connection with Your Use of photographerandmuse.com.
(A) photographerandmuse.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 photographerandmuse.com are copyrighted as a collective work under the United States copyright laws. photographerandmuse.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. You may download copyrighted material for your 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 photographerandmuse.com 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. You acknowledge that you do not acquire ownership rights by downloading copyrighted material.
(B) You alone are responsible for the content of your messages, and the consequences of any such messages. We reserve the right to terminate your E-mail account if we find out and determine, in our sole discretion, that you are violating any of the following guidelines. Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Commercial uses of the photographerandmuse.com website are strictly prohibited unless prior written consent from us has been granted. You agree that you will not use photographerandmuse.com for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You further agree not to use photographerandmuse.com to send any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. J14 will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of photographerandmuse.com. You further agree not to use an inappropriate member name of any kind.
5. Disclaimer of Warranty; Limitation of Liability.
(A)YOU EXPRESSLY AGREE THAT USE OF photographerandmuse.com IS AT YOUR SOLE RISK. NEITHER photographerandmuse.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT photographerandmuse.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF photographerandmuse.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH photographerandmuse.com.
(B) photographerandmuse.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. YOU SPECIFICALLY ACKNOWLEDGE THAT photographerandmuse.com 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 YOU.
(D) IN NO EVENT WILL photographerandmuse.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING photographerandmuse.com OR THE photographerandmuse.com 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 photographerandmuse.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, photographerandmuse.com, 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 INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN photographerandmuse.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END 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.
You agree to defend, indemnify and hold harmless photographerandmuse.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of photographerandmuse.com.
Either photographerandmuse.com or you may terminate this Agreement at any time. Without limiting the foregoing, photographerandmuse.com shall have the right to immediately terminate any passwords or accounts you may have on the website in the event of any conduct by you which photographerandmuse.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 4-9 shall survive termination of this Agreement.
photographerandmuse.com and Photographer & Muse and each of their logos are trademarks of Slick Media Inc. All rights reserved. All other trademarks appearing on photographerandmuse.com are the property of their respective owners.
This Agreement and any operating rules of photographerandmuse.com established by Slick Media 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 Province of Ontario, without regard to its conflict of laws rules. No waiver by either party or 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.