1. Acceptance of Terms of Service
1. By accessing or using this Web site or any other web sites of SHUTTERTASTIC, Inc., its affiliates and agents (“SHUTTERTASTIC”) with links to these Terms of Service (the “General Terms”) (the “Site”) in any way, including using the services and resources available or enabled via the Site by SHUTTERTASTIC or users of the Site (“Users”) (“SHUTTERTASTIC”), downloading any information, data, documents, communications, files, text, images, photographs, graphics, videos, webcasts, tools, resources, software and products made available or enabled via the Site or by SHUTTERTASTIC or Users (“Materials”), or merely browsing the Site, you agree to and are bound by the General Terms which is incorporated herein by reference. If you do not agree to all of the terms and conditions contained in the General Terms and the Privacy Statement, do not access this SHUTTERTASTIC Blog/Site.
2. You may not use the SHUTTERTASTIC , or accept the General Terms, if (i) you are not of legal age to form a binding contract with SHUTTERTASTIC, or (ii) you are a person barred from accessing the SHUTTERTASTIC under the laws of the United States or other countries, including the country in which you reside or from which you access the SHUTTERTASTIC .
3. You agree to be bound by any subscription or other agreement, posted guidelines, rules, or terms of service that may apply to any particular services on the SHUTTERTASTIC that you use (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The General Terms and any applicable Additional Terms are referred to herein as the “Terms.”
4. SHUTTERTASTIC may change the Terms from time to time at its sole discretion. When these changes are made, SHUTTERTASTIC will make a new copy of the General Terms available at the Site and any new Additional Terms will be made available to you from within, or through, the affected service on the SHUTTERTASTIC . SHUTTERTASTIC may, in its sole discretion, require you to provide consent to the updated Terms before further use of the SHUTTERTASTIC is permitted. Otherwise, your continued use of the Site or any affected service within the SHUTTERTASTIC constitutes your acceptance of the changes. Your access and use of the Site a SHUTTERTASTIC will be subject to the most current version of the Terms posted on the Site, or within or through the affected service on the SHUTTERTASTIC , at the time of such use. Please regularly check the Site to view the then-current Terms.
2. Registration Information
1. When you register for the SHUTTERTASTIC , you will be required to provide SHUTTERTASTIC with the following information: a user name (which may be pseudonymous), an e-mail address, and a password. In addition, you may choose to provide the SHUTTERTASTIC with additional information, including your zip code, first name, last name and other information to be determined by you.
2. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify SHUTTERTASTIC of any unauthorized use of your registration or password.
3. Term and Termination
1. The Terms will continue to apply until terminated by either you or SHUTTERTASTIC as set forth below.
2. If you want to terminate your agreement with SHUTTERTASTIC, you may do so by (i) notifying SHUTTERTASTIC at any time and (ii) closing your accounts for all of the services or Materials that you use within the SHUTTERTASTIC , where SHUTTERTASTIC has made this option available to you. Your notice should be sent, in writing, to SHUTTERTASTIC’s address set forth below.
3. SHUTTERTASTIC reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate, upon any breach by you of these Terms or otherwise, your registration(s) with or ability to access the SHUTTERTASTIC and/or any other service, specific content, digital products, products, courses or events, provided to you by SHUTTERTASTIC.
4. Upon expiration or termination of these Terms, you shall promptly discontinue use of the SHUTTERTASTIC . In addition, the sections titled Term and Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General will survive any termination of this Agreement.
4. Community Guidelines and Unacceptable Content
1. You agree to comply with the SHUTTERTASTIC Community Guidelines.
2. You alone are responsible for the content of your contributions to the SHUTTERTASTIC , and any consequences of such content. SHUTTERTASTIC reserves the right to terminate your registration or ability to access the SHUTTERTASTIC if it becomes aware and determines, in its sole discretion, that you are violating any of the Community Guidelines.
3. If you are concerned about any Content on the SHUTTERTASTIC , we urge you to click on the appropriate link that appears at the bottom of every post and to email us at email@example.com whenever you see Unacceptable Content that violates these Community Guidelines.
5. Rights and Usage
1. When you as a user submit Content, as defined above, to SHUTTERTASTIC, you represent that you have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content.
2. By submitting Content, which shall include your username, to any “public area” of the SHUTTERTASTIC , you grant SHUTTERTASTIC a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
3. Anything contained herein to the contrary notwithstanding, by submitting Content to any forums, comments or any other area on the SHUTTERTASTIC , you hereby expressly permit SHUTTERTASTIC to identify you by your username (which may be a pseudonym) as the contributor of such Content in any publication in any form, media or technology now known or later developed in connection with the Content, unless you otherwise notify SHUTTERTASTIC’s legal department at the address set forth below in writing at the time you submit the Content that you do not wish to be identified.
4. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the SHUTTERTASTIC , including but not limited to all Content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
6. Third Party Services
1. You may order services or merchandise through the SHUTTERTASTIC Stor from other persons not affiliated with SHUTTERTASTIC (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. SHUTTERTASTIC makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider SHUTTERTASTIC, nor will SHUTTERTASTIC be construed as a party to such transactions, whether or not SHUTTERTASTIC may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
2. SHUTTERTASTIC may include special routing icons which may be located within the SHUTTERTASTIC site , the activation of which will allow you to access and learn more about SHUTTERTASTIC and other services provided by SHUTTERTASTIC whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
3. Third party services, websites and links thereto may be included within the SHUTTERTASTIC . By using this Site or the SHUTTERTASTIC , you recognize that these services, websites and links may use non-personally-identifiable information about you. When you access any of these services or websites, your rights and obligations will be governed by the agreements and policies relating to the use of those services or websites.
7. Notification of Any Possible Copyright Infringement
1. In the event you believe that any material or Content published on the SHUTTERTASTIC may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to SHUTTERTASTIC’s legal department. Your notice should include the following information and should be sent to the Designated Agent for this Site (identified below):
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. A description of where the content that you claim is infringing is located on the Site;
4. Information sufficient to permit SHUTTERTASTIC to contact you, such as your physical address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2. SHUTTERTASTIC’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
3. 1.By email: emailme@SHUTTERTASTIC.com
8. Disclaimer of Warranties
1. YOU EXPRESSLY AGREE THAT USE OF SHUTTERTASTIC , INCLUDING BUT NOT LIMITED TO ALL MATERIALS MADE AVAILABLE THROUGH THE SHUTTERTASTIC Site, IS AT YOUR SOLE RISK. THE SHUTTERTASTIC Site IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHUTTERTASTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHUTTERTASTIC MAKES NO WARRANTY THAT THE SHUTTERTASTIC Site WILL MEET YOUR REQUIREMENTS, OR THAT THE SHUTTERTASTIC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SHUTTERTASTIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SHUTTERTASTIC .
2. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHUTTERTASTIC IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
3. YOU UNDERSTAND AND AGREE THAT SHUTTERTASTIC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SHUTTERTASTIC . SHUTTERTASTIC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SHUTTERTASTIC NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SHUTTERTASTIC , ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SHUTTERTASTIC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE, SERVICES, OR INFORMATION CONTAINED IN ANY PRODUCT PACKAGING OR LABEL BECAUSE OF ANY INFORMATION ON THE SHUTTERTASTIC AND YOU SHOULD NOT USE THE CONTENT ON THE SHUTTERTASTIC IN PLACE OF THE ADVICE OF A PROFESSIONAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHUTTERTASTIC OR THROUGH THE SHUTTERTASTIC , ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SHUTTERTASTIC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE SHUTTERTASTIC , ITS DIGITAL PRODUCTS OR SERVICES.
4. SHUTTERTASTIC MAKES NO WARRANTY REGARDING ANY MATERIALS PURCHASED OR OBTAINED THROUGH SHUTTERTASTIC OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SHUTTERTASTIC . SHUTTERTASTIC IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SHUTTERTASTIC . WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH SHUTTERTASTIC MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST SHUTTERTASTIC WITH RESPECT TO SUCH SITES.
5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
1. SHUTTERTASTIC SHALL NOT BE LIABLE TO YOU FOR ITS BREACH OF THESE TERMS; FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SHUTTERTASTIC ; FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SHUTTERTASTIC ; RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLES; EVEN IF SHUTTERTASTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
2. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
10. Content Storage and Security
SHUTTERTASTIC assumes no responsibility for the deletion of or failure to store User-created Content. We use a variety of industry-standard security technologies and procedures to help protect your content from unauthorized access, use, or disclosure. Despite these measures, you should know that SHUTTERTASTIC cannot fully eliminate security risks associated with your content and mistakes may happen.
11. Newsletters that include Promotional Messages
At your request, SHUTTERTASTIC may send e-mail messages to you containing labeled advertisements, promotions, etc. SHUTTERTASTIC makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither SHUTTERTASTIC nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of SHUTTERTASTIC, its parents, subsidiaries, affiliates, officers, directors, employees, sponsors, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the SHUTTERTASTIC , the violation of these Terms by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
1. If SHUTTERTASTIC becomes aware of any possible violations by you of the Terms, SHUTTERTASTIC reserves the right to investigate such violations. If, as a result of the investigation, SHUTTERTASTIC believes that criminal activity has occurred, SHUTTERTASTIC reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. SHUTTERTASTIC is entitled, except to the extent prohibited by applicable law, to disclose any information or Materials on the SHUTTERTASTIC , including your Content, in SHUTTERTASTIC’s possession in connection with your use of the SHUTTERTASTIC to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SHUTTERTASTIC, its Users or the public, and law enforcement or other government officials, as SHUTTERTASTIC in its sole discretion believes to be necessary or appropriate.
2. In the event that SHUTTERTASTIC determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the SHUTTERTASTIC , SHUTTERTASTIC reserves the right to:
1. Warn you via email (to any email address you have provided to SHUTTERTASTIC) that you have violated these Terms;
2. Delete any or all Content provided by you or your agent(s) to the SHUTTERTASTIC ;
3. Discontinue your registration(s) with the SHUTTERTASTIC and/or any other SHUTTERTASTIC community;
4. Discontinue your subscription to any Materials or services made available through the SHUTTERTASTIC ;
5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
6. Pursue any other action which SHUTTERTASTIC deems to be appropriate.
3. If your registration(s) with or ability to access the SHUTTERTASTIC , any other SHUTTERTASTIC community and/or any other Material or services provided to you by SHUTTERTASTIC is discontinued by SHUTTERTASTIC due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community of the SHUTTERTASTIC , then you agree that you shall not attempt to re-register with or access the SHUTTERTASTIC , any other SHUTTERTASTIC community and/or any other Materials or services provided by SHUTTERTASTIC, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Materials or services to which your access has been terminated. In the event that you violate the immediately preceding sentence, SHUTTERTASTIC reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
14. International Users
1. This Site can be accessed from countries around the world and may contain references to SHUTTERTASTIC services and Materials that are not available in your country. These references do not imply that SHUTTERTASTIC intends to announce such services or Materials in your country.
2. This Site is controlled, operated and administered by SHUTTERTASTIC, Inc. from its offices in the United States of America. SHUTTERTASTIC makes no representation that the Site, the SHUTTERTASTIC or Materials are appropriate or available for use at other locations outside the United States, and access to the Site, the SHUTTERTASTIC or Materials from jurisdictions where the Site, the SHUTTERTASTIC or Materials are illegal is prohibited. If you access the Site, the SHUTTERTASTIC or Materials from a location outside the United States, you are responsible for compliance with all local laws.
15. Changes in Service
SHUTTERTASTIC reserves the right to terminate free access to the SHUTTERTASTIC , including any or all SHUTTERTASTIC services or Materials, with or without notice to you. SHUTTERTASTIC reserves the right (at SHUTTERTASTIC’s discretion) to provide you with notice of such change by prominently posting a notice on the SHUTTERTASTIC and/or sending written notice to you at any e-mail and/or post office address you have provided to SHUTTERTASTIC. Once free access is terminated, SHUTTERTASTIC may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the SHUTTERTASTIC and/or any for-pay SHUTTERTASTIC services or Materials.
1. Notice. Any notice provided to SHUTTERTASTIC pursuant to the Terms should be sent to SHUTTERTASTIC Inc., 1301 Shoreway Rd., Suite 340, Belmont, CA 94002, Attn: Terms of Service.
2. Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which SHUTTERTASTIC’s principal place of business is located for any lawsuit filed against you by SHUTTERTASTIC arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
3. Choice of Language. It is the express wish of the parties that these Terms, any Additional Terms and all related documents have been drawn up in English. C’est law volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattacent soient rédiges en anglais.
4. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
5. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
6. No Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SHUTTERTASTIC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
7. Independent Contractors. Your relationship to SHUTTERTASTIC is that of an independent contractor, and neither party is an agent or partner of the other. You will not have, and will not represent to any third party that it has, any authority to act on behalf of SHUTTERTASTIC.
8. Export. You agree not to export, directly or indirectly, any U.S. technical data acquired from SHUTTERTASTIC or any products utilizing such data, to countries outside the United States, in violation of the United States export laws or regulations.
9. Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters.
10. Violations. Please report any violations of these Terms to EMAILME@SHUTTERTASTIC.COM