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The following are the terms and conditions establishing how site visitors, members and customers use the Photo Damsel website. PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE PHOTO DAMSEL WEBSITE MEANS YOU AGREE TO BE BOUND BY THESE TERMS HEREOF.
 
1. ORGANIZATION STRUCTURE
This website is owned and operated by Photo Damsel.

2. COPYRIGHT OWNERSHIP
(a)
 all tangible or digital content (hereinafter referred to as “MEDIA”), as provided by Photo Damsel, shall remain at all times the sole and exclusive property of Photo Damsel;
(b) all website content, including but not limited to site design, site code and logos is the exclusive property or licensed for use to Photo Damsel;
(c) all MEDIA that is downloaded or purchased, is licensed to you by Photo Damsel. Downloading or purchasing MEDIA does not transfer any title from the MEDIA to you, or any intellectual property rights therein to you;
(d) you may under no circumstances redistribute or sell any MEDIA at any time, and it is illegal to duplicate, download, or distribute any MEDIA, except as described within our END USER LICENSE AGREEMENT (EULA); and
(e)
 the design and layout, as well as any and all MEDIA, as provided by Photo Damsel, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

3. GRANT OF WEBSITE ACCESS AND RESTRICTIONS
(a) you agree that when visiting or accessing the Photo Damsel website, your activities will be limited to searching or browsing MEDIA, logging into or registering for an account, downloading or purchasing MEDIA, exchanging emails with Photo Damsel, inquiring and engaging in Photo Damsel photography services, reading latest news feeds and learning more about Photo Damsel and the services we provide;
(b) you may register with Photo Damsel to become a member. You MAY NOT use domain names or web URLs in your username without prior written consent from Photo Damsel. We reserve the right to force forfeiture of any username for any reason. You are responsible for keeping your password secret and secure;
(c) you agree that you will not share your username and password combination. Your Photo Damsel username and password are to be used only by you. Each person that desires to access, download and purchase MEDIA from Photo Damsel must have his/her own username and password.
(d) as a member of Photo Damsel, we reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information;
(e) as a member of Photo Damsel, you may not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Photo Damsel prohibits the creation of and you agree that you will not create an account for anyone other than yourself;
(f) as a member of Photo Damsel, you are responsible for any activity that occurs through your account and you agree that Photo Damsel is not responsible or liable for the conduct of you or any other user. You also represent that all information you provide to Photo Damsel upon registration and at all other times will be true, accurate and complete and you agree to update your information as necessary to maintain its truth and accuracy;
(g) you agree that you will not solicit, collect or use the login credentials of other Photo Damsel users;
(h) you may not use the Photo Damsel website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Photo Damsel, including but not limited to, copyright laws;
(i) you agree not to change, modify, adapt or alter the Photo Damsel website or change, modify or alter another website so as to falsely imply that it is associated with Photo Damsel;
(j) you agree not to create or submit unwanted emails or harassing communications to Photo Damsel or any Photo Damsel user;
(k) you agree not to interfere or disrupt the Photo Damsel website, servers or networks, including but not limited to, the transmitting of any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Photo Damsel page is rendered or displayed in a user's browser or device;
(l) you agree not to create accounts with Photo Damsel through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
(m) you agree not to attempt to restrict another user from using or enjoying the Photo Damsel website and you must not encourage or facilitate violations of these terms and conditions or any other Photo Damsel terms and conditions;
(n) there may be links from the Photo Damsel website, or from communications you receive from Photo Damsel, to third-party websites. The Photo Damsel website may also include third-party content or links to third-party content that we do not control, maintain or endorse. Photo Damsel does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Photo Damsel is not responsible or liable for any such third-party services. Your correspondence and business dealings with third parties found throughout the Photo Damsel website are solely between you and the third party;
(o) you agree that you are responsible for all data charges you incur through the use the Photo Damsel website; and
(p) we prohibit crawling, scraping, caching or otherwise accessing any content provided on the Photo Damsel website via automated means, except as the result of standard search engine protocols or technologies used by a search engine with Photo Damsel’s express consent.

4. LIMITATION OF LIABILITY
THE PHOTO DAMSEL SERVICES, WEBSITE AND MEDIA ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, PHOTO DAMSEL MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE PHOTO DAMSEL SERVICES, WEBSITE OR MEDIA. PHOTO DAMSEL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOTO DAMSEL SHALL IN NO EVENT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF PHOTO DAMSEL SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY PHOTO DAMSEL HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE OR WERE FORESEEABLE.

5. TERMINATION
Photo Damsel reserves the right to modify, terminate or refuse access to Photo Damsel services and the Photo Damsel website to anyone for any reason, without notice, and at any time. Upon termination, all rights granted to you in these terms and conditions or any other Photo Damsel terms and conditions will immediately cease.

6. ENTIRE AGREEMENT
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of these terms and conditions are hereby superseded by these Terms of Use. These terms and conditions may not be modified or altered except in writing.

7. GOVERNING LAW & VENUE
These terms and conditions, its construction, performance, scope, validity and effects shall be interpreted under and governed by the internal laws (excluding the law of conflicts) of the State of Illinois, United States of America. The parties agree, for any claim or judicial proceedings for whatever reason relating to these terms and conditions, to designate and hereby designate the courts of the judicial jurisdiction of location of Photo Damsel, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.

8. LANGUAGE
The parties hereby confirm that they each require that these terms and conditions and all documents and notices in connection therewith be drawn up in English.

9. CHANGES TO OUR TERMS OF USE
Photo Damsel will occasionally update these terms and conditions. When we do, we will also revise the "last updated" date at the bottom of this statement. We welcome your comments regarding these Terms of Use; please contact us by e-mail, or postal mail.

You acknowledge having read these Terms of Use and agree to be bound thereby.

Last Updated: December 26, 2014
 

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