HDR Spotting provides the HDRSpotting.com Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the HDRSpotting.com Services, you accept and agree to be bound by the terms and provision of the TOS.
HDRSpotting.com primarily provides a service for sharing HDR photos with the public. You also understand and agree that the HDRSpotting.com Services may include advertisements and that these advertisements are necessary for HDRSpotting.com to provide the HDRSpotting.com Services. You also understand and agree that the HDRSpotting.com Services may include certain communications from HDRSpotting.com, such as service announcements, administrative messages and the HDRSpotting.com Newsletter, and that these communications are considered part of HDRSpotting.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current HDRSpotting.com Services, including the release of new HDRSpotting.com properties, shall be subject to the TOS. You understand and agree that the HDRSpotting.com Services is provided "AS-IS" and that HDRSpotting.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the HDRSpotting.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the HDRSpotting.com Services.
You understand that the technical processing and transmission of the HDRSpotting.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In consideration of your use of the HDRSpotting.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the HDRSpotting.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the HDRSpotting.com Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HDRSpotting.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HDRSpotting.com has the right to suspend or terminate your account and refuse any and all current or future use of the HDRSpotting.com Services (or any portion thereof). HDRSpotting.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the HDRSpotting.com Services must create a HDRSpotting.com Family Account. When you create a HDRSpotting.com Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the HDRSpotting.com Family Account. By adding a child to your HDRSpotting.com Family Account, you also give your child permission to access many areas of the HDRSpotting.com Services, including, email, message boards and instant messaging (among others). Please remember that the HDRSpotting.com Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the HDRSpotting.com Services areas and/or Content are appropriate for your child.
HDRSpotting.com does not claim ownership of Content you submit or make available for inclusion on the HDRSpotting.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the HDRSpotting.com Services, you grant HDRSpotting.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the HDRSpotting.com Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the HDRSpotting.com Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the HDRSpotting.com Services and will terminate at the time you remove or HDRSpotting.com removes such Content from the HDRSpotting.com Services.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the HDRSpotting.com Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
For the content that you submit, you represent that you have the rights to submit said content for use within HDRSpotting.com Services.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to HDRSpotting.com through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) HDRSpotting.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) HDRSpotting.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) HDRSpotting.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of HDRSpotting.com without any obligation of HDRSpotting.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from HDRSpotting.com under any circumstances.
You agree to indemnify and hold HDRSpotting.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the HDRSpotting.com Services, your use of the HDRSpotting.com Services, your connection to the HDRSpotting.com Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the HDRSpotting Services.
You may terminate your HDRSpotting.com account, any associated email address and access to the HDRSpotting.com Services by submitting such termination request to HDRSpotting.com. You agree that HDRSpotting.com may, without prior notice, immediately terminate, limit your access to or suspend your HDRSpotting.com account, any associated email address, and access to the HDRSpotting.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the HDRSpotting.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the HDRSpotting.com Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in HDRSpotting.com's sole discretion and that HDRSpotting.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the HDRSpotting.com Services.
YOUR USE OF THE HDRSPOTTING.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE HDRSPOTTING.COM SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HDR SPOTTING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HDRSPOTTING.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HDRSPOTTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE HDRSPOTTING.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HDRSPOTTING.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE HDRSPOTTING.COM SERVICE.