The-Digital-Picture.com Terms of Use
PLEASE READ THIS CAREFULLY BEFORE USING OUR WEBSITE
1. Definitions.
"The-Digital-Picture.com" is the information and content Internet website operated by Bryan Carnathan, consisting of provided by The-Digital-Picture.com, affiliates of The-Digital-Picture.com and other third parties. "Visitor" refers to each person who establishes or accesses a connection and/or Account for access to and use of The-Digital-Picture.com.
2. General.
(A) This Agreement governing the use of certain specific material contained in The-Digital-Picture.com, sets forth the terms and conditions that apply to use of The-Digital-Picture.com by Visitor. By using The-Digital-Picture.com (other than to read this Agreement for the first time), Visitor agrees to comply with all of the terms and conditions hereof. The right to use The-Digital-Picture.com is personal to Visitor and is not transferable to any other person or entity.
(B) The-Digital-Picture.com shall have the right at any time to change or discontinue any aspect or feature of The-Digital-Picture.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
The-Digital-Picture.com shall have the right at any time to change or modify the terms and conditions applicable to Visitor's use of The-Digital-Picture.com, or any part thereof, or to impose new conditions. 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 The-Digital-Picture.com, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of The-Digital-Picture.com by Visitor after such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
4. Equipment.
Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of The-Digital-Picture.com and all charges related thereto.
5. Visitor Conduct.
(A) Visitor shall use The-Digital-Picture.com for lawful purposes only. Visitor shall not post or transmit through The-Digital-Picture.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The-Digital-Picture.com' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Visitor that in The-Digital-Picture.com' discretion restricts or inhibits any other Visitor from using or enjoying The-Digital-Picture.com will not be permitted. Visitor shall not use The-Digital-Picture.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Visitors of other on-line information services competitive with The-Digital-Picture.com.
(B) The-Digital-Picture.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 The-Digital-Picture.com are copyrighted as a collective work under US and International copyright laws. The-Digital-Picture.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor 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. Visitor may download copyrighted material for Visitor's 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 The-Digital-Picture.com and the copyright owner.
(C) While we welcome and encourage links to our site, Hot Linking (causing an image or other portion of this website residing on one of The-Digital-Picture.com’s servers to appear on another web site such as EBay.com) is considered copyright violation and theft of bandwidth and is expressly prohibited without permission.
(D) Visitor shall not upload, post or otherwise make available on The-Digital-Picture.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
(E) The foregoing provisions of Section 5 are for the benefit of The-Digital-Picture.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) VISITOR EXPRESSLY AGREES THAT USE OF The-Digital-Picture.com IS AT VISITOR'S SOLE RISK. NEITHER The-Digital-Picture.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT The-Digital-Picture.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF The-Digital-Picture.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH The-Digital-Picture.com.
(B) The-Digital-Picture.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. VISITOR SPECIFICALLY ACKNOWLEDGES THAT The-Digital-Picture.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
(D) IN NO EVENT WILL The-Digital-Picture.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING The-Digital-Picture.com OR THE The-Digital-Picture.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 The-Digital-Picture.com. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON The-Digital-Picture.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, The-Digital-Picture.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 UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN The-Digital-Picture.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE 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. PRIOR TO THE EXECUTION OF A STOCK TRADE, VISITORS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. The-Digital-Picture.com, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, The-Digital-Picture.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
The-Digital-Picture.com shall have the right, but not the obligation, to monitor the content of The-Digital-Picture.com, including discussion forums, to determine compliance with this Agreement and any operating rules established by The-Digital-Picture.com and to satisfy any law, regulation or authorized government request. The-Digital-Picture.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The-Digital-Picture.com. Without limiting the foregoing, The-Digital-Picture.com shall have the right to remove any material that The-Digital-Picture.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Visitor agrees to defend, indemnify and hold harmless The-Digital-Picture.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of The-Digital-Picture.com by Visitor or Visitor's Account.
9. Termination.
Either The-Digital-Picture.com or Visitor may terminate this Agreement at any time. Without limiting the foregoing, The-Digital-Picture.com shall have the right to immediately terminate Visitor's Account in the event of any conduct by Visitor which The-Digital-Picture.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor of this Agreement. The provisions of Sections 5(B), 5(C), 5(D) ), 5(E), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
The-Digital-Picture.com and its logos are trademarks of Bryan Carnathan, All rights reserved. All other trademarks appearing on The-Digital-Picture.com are the property of their respective owners.
11. Third Party Content.
The-Digital-Picture.com is a distributor (and not a publisher) of content supplied by third parties and Visitors. Accordingly, The-Digital-Picture.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Visitors or any other user of The-Digital-Picture.com, are those of the respective author(s) or distributor(s) and not of The-Digital-Picture.com. Neither The-Digital-Picture.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through The-Digital-Picture.com represents the opinions and judgments of the respective information provider, Visitor, or other user not under contract with The-Digital-Picture.com. The-Digital-Picture.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The-Digital-Picture.com by anyone other than authorized The-Digital-Picture.com employee spokespersons while acting in their official capacities. Under no circumstances will The-Digital-Picture.com be liable for any loss or damage caused by a Visitor's reliance on information obtained through The-Digital-Picture.com. It is the responsibility of Visitor to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The-Digital-Picture.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for The-Digital-Picture.com established by The-Digital-Picture.com 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 State of Pennsylvania, without regard to its conflict of laws rules. No waiver by either party of 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 importance.
