Revision 20111008
For those of you who bother to visit this “Legal” section, we applaud you! Welcome to photohub.com!
This site, any portion of the site, and any successor website(s) (as applicable) is collectively known as the “Web Site”. Photohub.com is a registered domain. PhotoHub, photohub, photohubtv, and all variations of these compound words are trademarks of PhotoHub LLC (“we”, “us”, “our”).
PhotoHub provides website content and features subject to the following conditions. If you visit the Web Site, these conditions are accepted by you. If you do not agree with these conditions, you waive your right to use this Web Site.
Copyright
All information and content (such as design, text, layout, graphics, photos, images, logos, buttons, audio clips, video clips, digital downloads, data compilations, and software) included on this Web Site are the property of us, and our affiliates, photographers, users and content suppliers. This information is protected by the copyright and trademark laws of the United States, and other countries. The compilation of all content on this Web Site is our exclusive property and is protected by U.S. and international copyright laws.
The Web Site and any of its contents may not be translated, copied, or distributed by any means (electronic, web or printed) without our prior written consent. Contact us if you wish to seek consent. PhotoHub will employ full legal force to deal with any infringement of our rights. An exception to this rule is linking to articles, which is detailed below.
All software used on this Web Site is our property or the property of our licensors and protected by United States and international copyright laws.
Trademarks
PhotoHub, its logo, photohub.com and any other marks indicated on the Web Site are all trademarks of ours in the United States and/or other countries. Other www.photohub.com logos, graphics, page headers, button icons, scripts, and service names are trademarks and/or trade dress of ours. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that disparages or discredits us, or in any manner that is likely to cause confusion among customers. All other trademarks not owned by us that appear on this Web Site are the property of their respective owners, who may or may not be connected to, affiliated with, or sponsored by us.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Third Party Liability
Portions of this Web Site may publish readers’ comments and opinion. We do not assume or have any responsibility or any liability for the readers’ comments or opinions, nor do we claim ownership or copyright that belongs to the original poster.
Web Site Access and License
We grant you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent or as expressly described in these Conditions of Use. This license excludes any resale or commercial use of this Web Site or its contents; any collection and use of any reviews, product descriptions, or images; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the permission or license granted by us.
Linking to PhotoHub Articles
The Web Site and any of its contents may not be translated, copied, or distributed by any means (electronic, web or printed) without our prior written consent. Contact us if you wish to seek consent. PhotoHub will employ full legal force to deal with any infringement of our rights. An exception to this rule is linking to articles. Linking to articles is permissible provided the link is to the source article on photohub.com and it clearly states a reference to photohub.com at the end of the linking text with a discrete link button naming photohub.com.
Examples of allowable links:
Hot new release from Abc company
Abc announced their new camera today, it’s got xxx and yyy, with many more features to make your shots look like the pros – photohub.com
[Read the news article at photohub.com]
Abc pricing and availability
PhotoHub have just posted their review of the pricing and availability of the new xyz SLR from Abc. This new camera will sell like icy cold lemonade on a steaming hot 4th of July – photohub.com
[Read the full review at photohub.com]
Hot linking:
“Hot linking” refers to the practice of inserting a link in a piece of HTML to an image on another server. We do not allow hot linking to our copyrighted images because it takes server time, control, copyright and bandwidth away from the real users of this Web Site. Images will only be seen where they were intended, on pages within this Web Site. If you would like to use an image from the Web Site please contact us for permission.
Comments, Communications, Images and Other Content
The Web Site contains message or communication facilities on the Web Site (collectively the “Services”) designed to enable you to communicate with others. You agree to use those Services only to submit or post messages and material that are proper and, when applicable, related to the particular Service, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise objectionable material of any kind. Content for the Services that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content for the Services. We reserve the right (but not the obligation) to remove or edit such content for the Services, but do not regularly review such posted content. We may terminate your access, or suspend access to all or part of the Web Site and/or Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Conditions of Use or other terms applicable to the Web Site or any services offered thereon, any applicable law, or is harmful to the interests of another user, service provider, or the Web Site.
You represent and warrant that you own or otherwise control all of the rights to the content for the Services that you post or upload; that such content is accurate; that use of such content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from such content you supply. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Web Site. You understand that we do not control, and are not responsible for, third party content made available through the Web Site. We take no responsibility and assume no liability for any content for the Services posted by you or any third party.
We acknowledge that, as between you and us, copyright and ownership of any uploaded image, posting, or other copyrightable content in connection with the Web Site remains yours. With respect to content for the Services you submit or make available for inclusion, and designate as Publicly Accessible for viewing or use on the Web Site, you grant us a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Web Site for the purposes of providing the Services, promotional, and/or display activities. This license exists only for as long as your content for the Services remains on the Web Site.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post content to the Web Site on behalf of others. To moderate demands on our resources, you may not use a Posting Agent to post content to the Web Site without express permission or license from us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Web Site to facilitate posting content on behalf of others, except with express permission or license from us.
Disclaimer of Warranties and Limitation of Liability
THE WEB SITE AND SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, ANY OF THE SERVICES OFFERED ON THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND THE SERVICES OFFERED ON THIS WEB SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS WEB SITE, OR CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THIS WEB SITE OR THE SERVICES OFFERED ON THIS WEB SITE, AT ANY TIME IN OUR SOLE DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEB SITE, SERVICES, ITS SERVERS, OR E-MAILS SENT FROM WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THIS WEB SITE OR ANY OF THE SERVICES OFFERED ON THIS WEB SITE WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR IMAGES OR ANY DATA, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THEWEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE CONDITIONS OF USE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
Applicable Law
By visiting the Web Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us. Disputes relating in any way to your visit to the Web Site or to services offered by or through Web Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the City of Pasadena, California, and you consent to exclusive jurisdiction and venue in such courts.
Modification and Severability
We reserve the right to make changes to the Web Site, policies, and these Conditions of Use at any time. 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.
