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Terasnaps.com is owned and operated by Indicium Management and Deliveries inc. Doing Business as terasnaps.
Effective November 10 2007
Terms of Use Table Of Contents
· Introduction
· Becoming a Member
· Scope of Use of Services
· Improper Material
· Security
· Availability
· Privacy
· Communicating with terasnaps.com
· Copyright
· Termination of service
· Subscriptions Plans section of this agreement
· Disclaimer of warranties and limitation of liability
· Indemnity
· Applicable law
· Dispute resolution by Arbitration
· Site policies, modifications and severability
· Copyright complaints
Introduction
Welcome to terasnaps.com where collecting, organizing, sharing, and preserving digital images has never been made this easy. We are obsessed in exploiting all the benefits that digital photography presents. This site is all about making digital images more accessible and more permanent. The Terms of Use of terasnaps.com are very important. For your protection and ours, please read and understand the terms and conditions of use (“Terms”) articulated here. Specifically, terasnaps services are solely for personal, non-commercial use. By using our Service you agree to be bound by these Terms.
Becoming a Member
You agree that the information that you provide to us during registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. In Particular you agree to keep your email address current as this is the primary way in which we communicate.
Scope of Use of Services
Terasnaps services are solely for personal, non-commercial use. You may upload and we will process and store as many pictures as you wish, so long as they are your personal pictures and not a collection of pictures from other. You may not automate the retrieval or request of images, data or any information from terasnaps’ servers by any method including automatic downloading of pages through programs.
All uploaded images are preserved so long as we are capable to do so. Access to all images is available so long as the images are on our servers. Accounts terminated more that 24 months may have the entire image collection permanently removed from our servers and data storage facilities.
Improper Material
Terasnaps is a family oriented site that must be safe for families and children. Terasnaps reserves the right to remove without notice any pictures that it deems in its sole discretion as unsafe for children.
We specifically prohibit any images that portray explicit nudity or that are pornographic. In such occurrences, accounts may be suspended or closed.
In situations where the offending conduct amounts to a violation of the law, terasnaps will vigorously prosecute any such illegal conduct and would fully cooperate with any law enforcement agency in prosecuting illegal conduct.
Security
During registration, you will be asked to provide a password. You will be responsible for all activities that occur under your password. You should keep your password confidential and secure. You must notify terasnaps immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password has been compromised.
Availability
Terasnaps makes every effort for the service to be available 24 hours a day 7 days a week. However, there will be interruption as a result of maintenance, upgrades or emergency repairs due to failure of equipment. In such situations, every reasonable step will be taken to minimize the disruption where it is within our control.
Privacy
Terasnaps has an established privacy policy at www.terasnaps.com/privacy.php that explains in detail how information is collected and used. These privacy policies are incorporated into the terms and agreements herein and your agreement to the terms and agreement here, signifies acknowledgement of and agreement to our Privacy Policy.
European Union residents who register to terasnaps services, by agreeing to these terms you hereby understand and agree that terasnaps stores and processes your personal information on computers located in the United States, and by providing any data to terasnaps, you consent to the transfer of such information to the United States.
Communicating with terasnaps.com
You hereby consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices that may be accessed upon your login to your account. We will always communicate electronically. You agree that all communication including notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
Terasnaps is, unless otherwise stated, the owner of all copyright and database rights in the Service. Images uploaded are the property of that member and terasnaps has no copyright claims to said images.
Termination of service
Accounts may be terminated by you by logging in using your username and password and processing a termination request at www.terasnaps.com/login.php. Accounts may be terminated by terasnaps with or without cause at any time and effective immediately without notice, at terasnaps sole discretion, for any reason, including but not limited to your failure to conform with these Terms or placing undue burden on services provided by terasnaps servers. Terasnaps reserves the right to require you to remedy any violation of these Terms of this agreement and may pursue any legal action appropriate to enforce its rights and pursue all available remedies.
Disclaimer of warranties and limitation of liability
The services provided by Terasnaps is being provided on an "AS IS" and "AS AVAILABLE" BASIS. Terasnaps makes no representation or warranties of any kind, express or implied, as to the operation of the site, the quality or accuracy of the services or the content and description of services provided on this site.
By agreeing to use this site, you EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, terasnaps DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, terasnaps DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Terasnaps ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL terasnaps BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE terasnaps WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE terasnaps WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE terasnaps WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE terasnaps WEBSITE OR THE SERVICES, OR VIEWING THE IMAGES IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Terasnaps CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $1.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to indemnify and hold terasnaps, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold terasnaps harmless from any claims and expenses, including reasonable attorneys fees and court costs, related to any media or other material you provide to or post on terasnaps.
Applicable law
By visiting terasnaps.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and terasnaps. And agree to be bound by the jurisdiction of California courts.
Dispute resolution by Arbitration
Any dispute relating in any way to your visit to terasnaps.com or to products or services you purchase through terasnaps.com shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate terasnaps’ intellectual property rights, terasnaps may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
Site policies, modifications and severability
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with terasnaps in any way, your only recourse is to immediately: (1) discontinue use of terasnaps and (2) terminate your terasnaps subscription. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Copyright complaints
Terasnaps respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact http://www.terasnaps.com/contact or Terasnaps, 33 East Huntington Drive, Arcadia , CA 91006. Please provide us with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the terasnaps.com site that you claim is infringing, with enough detail so that we may locate it on the website;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We will forward this information to the alleged infringer.
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