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Terms of Use - Effective Date
12-1-09 |
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Thank you
for visiting ClassActSenior.com®, with information about Class Act
Photograaphy available on the Internet's World Wide Web.
ClassActSenior.com operates under The Guild of Professional
Photographers, LLC.
Your agreement with ClassActSenior.com
You understand and agree that, by visiting ClassActSenior.com and
its affiliated sites, you are accepting, without modification, these
Terms of Service. If you do not agree with any portion of these
Terms of Service, your only option is to discontinue use of
ClassActSenior.com. In agreeing with this Terms of Service, you
represent and warrant that you are at least eighteen (18) years of
age or otherwise capable of entering into and performing legal
agreements. If you are under eighteen (18) then you may only use
ClassActSenior.com with the consent of a parent or legal guardian.
This Terms of Service includes ClassActSenior.com's Privacy Policy,
located here: ClassActSenior.com Privacy Policy, which is
incorporated into this Terms of Service by reference and together
with the Terms of Service governs your visit to ClassActSenior.com.
The Privacy Policy explains ClassActSenior.com's position on
information gathering and how it intends to use and share any
information it collects. Read the Privacy Policy carefully as you
are agreeing to it when you agree to this Terms of Service.
Revisions to Terms of Service
This Terms of Service is subject to revision from time to time by
ClassActSenior.com and your continued use of ClassActSenior.com
means you agree to, without modification, the revised Terms of
Service. You can review revisions to this Terms of Service by
regularly checking this page. Material revisions to this Terms of
Service will be indicated by an updated effective date at the top
left corner of this. You should check for any revisions to these
Terms of Service. Should you object to any such revisions to these
Terms of Service or become dissatisfied with ClassActSenior.com in
any way, your only recourse is to immediately use of
ClassActSenior.com. Otherwise, continuing to visit
ClassActSenior.com after the effective date means that you agree to
be bound by any and all revisions.
Registration
To view some images will require you to enter a password. You are
responsible for maintaining the confidentiality of your password and
for restricting access to your computer so others may not access
ClassActSenior.com using your password.
Your use of ClassActSenior.com
Material published on ClassActSenior.com, including articles,
photos, graphics, postings, audio and video clips, trademarks,
service marks, and other content ("Content"), is copyrighted by The
Guild of Professional Photographers, or by other providers who have
licensed their content for use on ClassActSenior.com. Additionally,
the entire Content of ClassActSenior.com is protected by copyright
as a collective work owned by The Guild of Professional
Photographers. You may not reproduce, republish or redistribute
Content or any portions thereof, including, without limitation,
Content provided by licensors and others, including member-submitted
content, without the written consent of the copyright owner.
Subject to the terms and conditions of this Terms of Service,
ClassActSenior.com grants you permission to access
ClassActSenior.com and view the Content solely for your personal,
non-commercial use. In addition to viewing Content online, you may
electronically store a reasonable portion of ClassActSenior.com
Content for your personal, non-commercial use by making a single
electronic copy on your computer's hard drive, or a single copy on a
disk or other media or a single copy in printed form. You agree,
however, that you will not store or archive a significant portion of
the Content or create a database using the Content.
These rules also apply to your use of ClassActSenior.com:
•
You
will not in any way infringe or misappropriate any of the
intellectual property in and to the Content accessible through
ClassActSenior.com. This means you agree not to copy, modify,
publish, transmit, create derivative works from, transfer, sell or
display the Content, including logos, trademarks or service marks,
or otherwise violate the proprietary rights of ClassActSenior.com or
others except as expressly permitted herein.
•
You
will not reuse, republish or otherwise distribute the Content or any
modified or altered versions of it, whether over the Internet or
otherwise, and whether or not for payment, without the express
written permission of The Guild of Professional Photographers or a
third-party copyright holder.
•
You
will cooperate promptly and completely with any reasonable request
by The Guild of Professional Photographers to investigate an
infringement of copyright.
Digital Millennium Copyright Act ("DMCA")
ClassActSenior.com respects the copyrights of others and expects its
users to do the same. In accordance with the Digital Millennium
Copyright Act ("DMCA"), the text of which may be found on the U.S.
Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf,
ClassActSenior.com will respond expeditiously to notices of alleged
copyright infringement that are duly reported to our Designated
Copyright Agent identified in the notice below.
If you believe that ClassActSenior.com or any user of
ClassActSenior.com has infringed your copyright, please notify our
Copyright Agent and provide the following information.
•
An
identification of the copyrighted work that you claim has been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site.
•
An
identification of the material on ClassActSenior.com that you claim
is infringing or is subject to infringing activity that is to be
removed or access to which is to be disabled, with enough detail
(including without limitation the URL of the material) to allow us
to locate the material on our site.
•
Your name, address, telephone number and e-mail address.
•
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.
•
A
statement by you declaring that the above information in your Notice
is accurate, made under penalty of perjury, and that you are
authorized to act on behalf of the owner of an exclusive copyright
interest involved.
•
A
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
The Copyright Agent for ClassActSenior.com is Attorney, General
Counsel, who can be reached at 2100 Q Street, Sacramento, CA 95816,
or at kmorgan-prager@mcclatchy.com or at 916-321-1828. You
acknowledge that if you fail to comply with all of the requirements
of this Section, your DMCA notice may not be valid.
Disclaimer
While ClassActSenior.com strives for accuracy, it does not warrant
or guarantee the accuracy or completeness of any information or
database on our service. Nor does ClassActSenior.com warrant or
guarantee that any files available for downloading will be free of
defects. The Guild of Professional Photographers will not be liable
in any way to you or to other parties for errors or omissions in
ClassActSenior.com.
The content, services, and features of ClassActSenior.com are
subject to change without notice. The inclusion of any content,
services, and features on ClassActSenior.com at a particular time
does not imply or warrant that these products or services will be
available at any time.
While we take reasonable steps to ensure that no viruses, worms,
Trojan horses or other destructive properties are present, the
entire risk as to the quality and performance of ClassActSenior.com
and the accuracy and completeness of any information is with you.
Indemnification
You agree to indemnify, defend and hold harmless The Guild of
Professional Photographers, it’s employees, officers, and agents
from and against any and all liability, loss, claims, damages, costs
and/or actions (including attorney's fees) based on or arising from
any breach by you of your obligations under these Terms of Service.
We reserve the right to defend any such claim, and you agree to
provide us with such reasonable cooperation and information as we
may request.
Jurisdiction
This agreement between ClassActSenior.com and its users will be
governed and interpreted under the laws of the state of KS. Courts
located in Sedgwick County, KS have jurisdiction in any dispute
arising from these Terms of Service. In the event that any provision
of these Terms of Service is found to be in conflict with the law,
such provision shall be restated to reflect the original intent, and
all other terms and conditions shall remain in full force and
effect.
Arbitration
Any legal controversy or legal claim arising out of or relating to
these Terms of Service or ClassActSenior.com, excluding legal action
taken by The Guild of Professional Photographers to obtain an
injunction relating to its intellectual property, shall be settled
by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in Wichita, and
judgment on the arbitration award may be entered into any court
having jurisdiction thereof.
Termination
Notwithstanding any provision of this Terms of Service,
ClassActSenior.com reserves the right, without notice and in its
sole discretion, to terminate any or all of the ClassActSenior.com
service, or to block or prevent future access to and use of
ClassActSenior.com.
Severability
If any provision of these Terms of Service shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Service and shall not affect
the validity and enforceability of any remaining provisions.
Offices
The Guild of Professional Photographers, 1719 N. Rock Road, Wichita,
KS 67206, 316-689-3402.
Questions and comments about ClassActSenior.com
We hope you enjoy using ClassActSenior.com. Questions and comments
about the content of ClassActSenior.com may be sent by e-mail to
webmaster@ClassActSenior.com. We try to read all comments sent to us
and try to respond to as many as possible. Technical questions
regarding your software, your configuration or your connection
should be directed to your Internet access provider.
ClassActSenior.com cannot address questions except those
specifically about content and services we provide. |
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