Construction Site Photos.Com's Terms of Use and Copyright Notice
THANK YOU FOR
VISITING OUR SITE.
BEFORE USING THIS WEB SITE, YOU ("YOU" OR
"USER") SHOULD CAREFULLY READ THE TERMS BELOW, SINCE BY USING THIS WEB SITE,
THESE TERMS WILL APPLY TO YOU.
THEY CONTAIN
IMPORTANT INFORMATION REGARDING (1) OUR OBLIGATIONS AND LIMITS ON THOSE
OBLIGATIONS, (2) YOUR RESPONSIBILITIES AS A USER OF THIS SITE, AND (3) THE
PROCEDURES BY WHICH THESE OBLIGATIONS AND RESPONSIBILITIES WILL BE DETERMINED. THESE
PROCEDURES INCLUDE THE USE OF ARBITRATION TO RESOLVE ANY DIFFERENCES THAT MAY
ARISE.
IF YOU DO NOT
AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY HALT YOUR USE OF THIS SITE.
EACH TIME YOU
ACCESS OUR WEB SITE OR USE ANY OF ITS SERVICES; YOU AGREE TO ACCEPT THESE TERMS
AND CONDITIONS IN THEIR MOST CURRENT FORM. THESE TERMS AND CONDITIONS INCLUDE
ANY ADDITIONAL TERMS AND CONDITIONS THAT ARE REFERENCED HERE. THE TERMS FOR
THIS WEB SITE MAY BE MODIFIED FROM TIME TO TIME, SO YOU SHOULD CHECK THIS SITE
PERIODICALLY FOR CHANGES.
General:
Construction
Site Photos.Com (also known as CSPC in this document) maintains this Web Site to make available its
information, products and services for you, the User. This Web Site is
controlled by CSPC in Auburn, Washington, the United States. This Web Site
is intended for use by persons located within the United States only; it is not
offered for use outside the United States at this time. As such, CSPC makes
no representation that materials on this site are appropriate for or available
for use in other countries or locations.
By accessing
this Web Site in any way, You agree that You will comply with all applicable
laws and regulations, including but not limited to the laws of the United
States, the State of Washington and the state in which You are located,
including but not limited to copyright, trade mark, obscenity, privacy,
defamation and export laws.
You agree to
provide true, accurate, current and complete information in your entries and
data provided to this Web Site and CSPC. If You are receiving services from
CSPC on an on-going basis, You agree to keep this data up-to-date with any
appropriate revisions.
This Web Site is
intended for use by persons of age 18 or older and is not directed at children.
Children under the age of 18 may use this site only with the supervision and
consent of parent or guardian.
Modifications:
CSPC may at
any time revise these terms and conditions, as well as its service offerings
and pricing of such services, by updating this Web Site posting. BY USING THIS
WEB SITE, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD PERIODICALLY
VISIT THIS WEB SITE TO DETERMINE THE THEN-CURRENT TERMS AND CONDITIONS OF USE.
Limitations on Use; Prohibited Uses:
IF CSPC
DETERMINES IN ITS SOLE DISCRETION THAT YOU ARE VIOLATING THESE USE LIMITATIONS,
CSPC MAY IMMEDIATELY SUSPEND AND TERMINATE YOUR ACCESS TO THIS WEB SITE,
WITHOUT LIABILITY TO CSPC AND WITHOUT ADVANCE NOTICE TO YOU.
Use of this Web
Site or its services by any User or entity obtaining access to this Web Site is
governed by these limitations on your use. These limitations have been created
to promote the integrity, security, reliability and privacy of our Web Site.
Any violation of these limitations may result in immediate suspension or termination
of Your access to our Web Site, as well as the pursuit of all other legal
remedies available to CSPC.
This Web Site
and the services provided by it may be used only for lawful purposes and may
not be used to violate any operating rule, policy, or guideline of CSPC, any
of its affiliates, partners or any other internet service provider.
You may not use
this Web Site or related services to transmit, distribute, store or destroy any
data, material, software or hardware (as determined by the sole judgment of
CSPC): (i) in violation of any applicable law or regulation, (ii) in any
manner that might infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or
other personal rights of others, (iii) in a manner that is defamatory, obscene,
hateful, threatening, abusive, or otherwise objectionable, or (iv) in violation
of the specific guidelines outlined below.
You are
prohibited from violating or attempting to violate the security of this Web
Site, including without limitation, (1) accessing data not intended for You or
logging into a server or account which you are not authorized to access, (2)
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization, (3)
attempting to interfere with use by or service to any user, visitor, host, or
network, including without limitation, by submitting a virus or other harmful
code or software to this Site, by overloading, "flooding",
"spamming", "mail bombing" or "crashing", (4)
sending unsolicited e-mail including promotions and/or advertising of products
or services, or (5) creating any forged, false or misleading information,
including header, origin, or routing information, in any e-mail, upload or
posting.
ADDITIONAL SPECIFIC
PROHIBITED USES
ARE LISTED BELOW AND APPLY TO YOU:
Violations of
system or network security may result in your or others' civil or criminal
liability. CSPC may involve and cooperate with law enforcement authorities
in prosecuting users who are involved in such violations. CSPC's sole
judgment applies to determinations of these limitations and prohibited uses.
If You become
aware of any prohibited use by other Users, You agree that you will report this
information immediately to CSPC at sales@constructionsitephotos.com.
CONSTRUCTION
SITE PHOTOS.COM’S PROPRIETARY RIGHTS:
You acknowledge
and agree that this Web Site, its content and the services provided by it and
any software used in connection with this Web Site or other web sites and
provided by or through CSPC, contain proprietary and confidential
information protected by intellectual property (copyright, trademark, service
mark, patents, etc) laws, international treaty provisions and other laws,
including those concerning privacy and publicity, and which are and continue to
be the property of CSPC and/or its service providers and other entities.
You agree not to
copy, reproduce, republish, modify, distribute, sell, rent, lease, loan,
transmit, display, perform or create derivative works of the content of this
Web Site or otherwise based on this Web Site, the software used, all other
materials, text, graphics, logos, images, audio clips, music, data and other
materials used in connection with this Web Site or other web sites made
accessible by CSPC, or the arrangement of these materials or content,
without the express written permission of CSPC or as otherwise permitted by
applicable law. You agree to keep intact all such software and that you will
not alter any copyright or other proprietary notices contained in the software
or content provided in connection with this Web Site. The reproduction,
redistribution or transmission of such software or other Web Site materials is
expressly prohibited and may result in severe civil and criminal penalties. YOU
MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO
DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE OR WEB SITE MATERIALS
PROVIDED.
You acknowledge
that the Software and other Web Site materials, and any accompanying
documentation or technical information, are subject to the export control laws
and regulations of the United States. You agree not to export the Software or
other Web Site materials, directly or indirectly, to any countries that are
subject to export restrictions.
You agree not to
modify the software in any manner or form or to use modified versions of the
software, including (without limitation) for the purpose of obtaining
unauthorized access to this Web Site or services provided by or through it. You
agree not to copy or adapt the code that is used to generate this Web Site. You
agree not to access this Web Site or its services by any means other than
through the interface that is provided by CSPC. You may not create a browser
for, border environment, frame or replicate our content.
CSPC grants you
a personal, non-transferable, revocable and non-exclusive license to use the
object code of its software on a single computer for your personal,
non-commercial use only, provided that you do not (and do not allow any known
or unknown third party to) in any media, copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the software.
This license
expires immediately upon termination of services under this Web Site by either
CSPC or You, whichever first occurs. Upon such termination, You must
immediately halt all use of and access to CSPC intellectual property and
return or destroy to CSPC's express satisfaction any CSPC intellectual
property of which You have possession.
Copyright and
Trademark Notices:
The information
on this web site is protected by U.S. and International copyright.
Copyright (c)
2003 Construction Site Photos.Com
The trademarks,
service marks and logos used and displayed on this Web Site are registered and
unregistered trademarks of CSPC, unless otherwise
noted. Nothing on this Web Site grants, by implication, estoppels or otherwise,
any license or right to use any trademark, without CSPC's authorization and
written permission. The name and trademarks of CSPC, including logos, may
not be used in any way, including in advertising or publicity pertaining to
this Web Site, without CSPC's prior written permission. You are not
authorized to use any CSPC logos as a hyperlink to this Web Site unless You
obtain CSPC's written permission in advance.
All rights not
expressly granted herein are reserved.
Service Marks
The following are
some of the service marks of CSPC [or other website names]. The names of 3rd
party companies, products and services mentioned on this Web Site may be the
trademarks of their respective owners.
Copyright
Complaints:
It is CSPC's
policy to comply with all intellectual property laws and, in appropriate
circumstances, to terminate the use or accounts of Users who infringe the
intellectual property rights of others.
If You believe
that your work has been infringed, send a notice of copyright infringement to
CSPC's Designated Agent for Copyright Infringement:
Manager, Legal
Department
Designated Agent
for Copyright Infringement
Construction
Site Photos.Com
33915 53rd
Avenue South
Auburn, WA 98001
Your notice must
include:
a. Physical or electronic
signature of the copyright owner or the person authorized to act on behalf of
the copyright owner
b. Identification of
the copyrighted work claimed to be infringed
c. Description of
where the alleged infringements are located in the Services
d. Your name,
address, telephone number and email address
e. A statement of
good faith belief that the material is infringing
f. A statement
that, under penalty of perjury, the information in the notification is represented
to be accurate and that the complaint is authorized by the copyright holder.
Once proper
notice has been received, CSPC may take the following action:
a.
CSPC will
remove or block access to infringing material; and
b.
CSPC will notify
the subscriber of the copyright infringement notification;
The subscriber
must provide a counter notice that contains the following information:
a. Physical or
electronic signature of the subscriber
b. Identification of
the material that has been removed or to which access has been disabled
c. Statement that
the subscriber has a good faith belief that the material did not constitute
copyright infringement
d. Subscriber's
name, address, telephone number, and email address and
e. Statement that
the subscriber consents to jurisdiction in federal court and provides the
counter notice information under penalty of perjury
If CSPC
receives a counter notification, it will forward this notification to the
original complaining party. If the complaining party does not respond to the
counter notice by filing a lawsuit, CSPC will restore the material or access
to the material within ten to fourteen days of the receipt of a counter
notification.
Disclaimer Regarding Links to Other Sites and Information Provided by Others:
CSPC may
provide hyperlinks or pointers to other Web Sites maintained by third parties,
service providers, advertising entities or affiliates, or CSPC may provide
third party content on this Web Site by framing or other methods. Other users
may provide or post information and content. These links and information are
provided for your convenience or information only.
THE CONTENT IN
ANY THIRD PARTY POSTING OR IN ANY OTHER LINKED WEB SITES IS NOT UNDER CSPC'S
CONTROL AND CSPC IS NOT RESPONSIBLE FOR, DOES NOT ENDORSE AND IS NOT LIABLE,
DIRECTLY OR INDIRECTLY, FOR THE CONTENT, ACTIONS OF OR DAMAGES CAUSED BY SUCH
CONTENT, INFORMATION OR THIRD PARTY SITE, INCLUDING ANY FURTHER LINKS WITHIN
THE THIRD PARTY SITE.
THE PRIVACY
POLICIES AND TERMS AND CONDITIONS OF THESE THIRD PARTY SITES WILL BE DIFFERENT
THAN CSPC'S. IF YOU CHOOSE TO ACCESS ANY OF THE THIRD PARTY INFORMATION OR
SITES LINKED TO THIS WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
It is up to you to
take precautions to ensure that the third party you link to for your use has
terms and conditions, privacy and other use policies acceptable to you, that it
is free of computer viruses, worms, Trojan horses, and other items or software
of a harmful nature, and that the party you are dealing with has appropriate
background, insurance, licensing, reputation or quality of service that You
require.
In the event
that You have a dispute with any such third party, You release CSPC (and its
affiliates, service providers, suppliers, agents and employees) from any and
all claims, demands and damages pursuant to the provisions contained herein.
CSPC is under no obligation, but does reserve the right to, screen third
party content and links.
"AS IS" DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS
WEB SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED BY THIS WEB SITE ARE ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CSPC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS AND TIMELINESS.
CSPC MAKES NO
WARRANTY THAT (1) THE SERVICE PROVIDED BY OR THROUGH THIS WEB SITE OR ITS
SERVICE PROVIDERS OR LINKED WEB SITES WILL MEET YOUR REQUIREMENTS, (2) THE
SERVICE PROVIDED BY OR THROUGH THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THIS WEB SITE WILL MEET YOUR EXPECTATIONS, (5) ANY ERRORS IN THE SOFTWARE
RELATING TO THIS WEB SITE WILL BE CORRECTED OR (6) THAT THIS WEB SITE OR ANY
SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE
OR OTHER DEFECTS.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS OBTAINED
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CSPC OR THROUGH
OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS AND CONDITIONS.
IN THE UNITED
STATES, SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. Your legal rights
may vary from state to state. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE
TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEB SITE AND ITS SERVICES.
LIMITATION OF LIABILITY:
IN NO EVENT
SHALL CSPC OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT,
FORESEEN OR UNFORESEEN, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF TIME OR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CSPC OR ITS
SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM OR IN CONNECTION WITH
(1) THE USE OR INABILITY TO USE CSPC'S SERVICES THROUGH THIS WEB SITE, (2)
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES THROUGH THIS WEB SITE, (3) ANY
CLAIMS, INCLUDING THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES,
RESULTING FROM ANY GOODS, DATA, INFORMATION, SOFTWARE, GRAPHICS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM
THE SERVICE; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR OTHER ENTITY ON THE
INTERNET ENCOUNTERED THROUGH THIS WEB SITE OR ITS SERVICES; OR (6) ANY OTHER
MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE LIABILITY OF CSPC BE IN
EXCESS OF THE AMOUNT YOU HAVE PAID TO CSPC DURING THE PREVIOUS SIX MONTHS OR
$500.00 IN U.S. DOLLARS, WHICHEVER IS LESS.
BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,
CSPC'S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW. However, if you are not satisfied with these
limitations, you must discontinue using this Web Site and its services.
Indemnification:
You agree to
defend, indemnify and hold harmless CSPC, its officers, directors,
employees, affiliates, partners, subsidiaries and agents, third parties and
service providers acting on CSPC's behalf ("Indemnified Parties")
from and against any and all claims, actions, losses, demands and liability
costs and expenses (including without limitation reasonable legal and
accounting fees), arising from: (1) your use of this Web Site or its services
or content, (2) your breach of this Web Site's Terms and Conditions of Use and
Copyright Notice or Privacy Policy as posted on this site and as modified from
time to time, (3) any information submitted, posted, or otherwise provided by
You through this Web Site, (4) any dispute or litigation between an Indemnified
Party and a third party caused by your actions, and (5) your negligence or
violation or alleged violations of any rights of another, based on your use of
this Web Site, its services or content. CSPC, at your expense and CSPC's
discretion, may provide notice to you of CSPC's election to assist you in
defending any such claim, suit or proceeding, but doing so will not excuse You
from your indemnity obligations. You agree to pay reasonable attorney and
expert witness fees and costs incurred by CSPC or its agents or service
providers in enforcing this provision.
DISPUTE
RESOLUTION, ARBITRATION OF DISPUTES AND CHOICE OF LAW AND VENUE:
Any dispute arising
between You and CSPC must first be presented to the other party for
resolution, in accordance with the Notice provision below. YOU AGREE THAT YOU
WILL FILE ANY DISPUTE YOU HAVE WITH CSPC WITHIN ONE (1) YEAR OF THE TIME
THAT SUCH CLAIM AROSE AND THAT ANY DISPUTES RAISED BY YOU LATER ARE FOREVER
BARRED. YOU AGREE THAT YOU WAIVE ANY ENTITLEMENT, AT LAW OR EQUITY, TO A LONGER
PERIOD TO RAISE SUCH DISPUTES.
If this dispute
cannot be resolved within sixty days, the complaining party must submit its
claim for settlement by final and binding arbitration. Judgment on the award
rendered by the arbitrator may be entered by a court of competent jurisdiction.
Arbitration will be conducted by a single arbitrator and in King County,
Washington. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO
HAVE ANY DISPUTE REGARDING THIS AGREEMENT HEARD BY A JURY AND DETERMINED BY A
COURT OF LAW.
You and CSPC
agree that the services provided by this Web Site evidences a transaction in
interstate commerce and this provision for arbitration will be interpreted and
enforced in accord with the Federal Arbitration Act and federal arbitration
law. You and CSPC agree that You and CSPC will not seek and that an
arbitrator may not award or order (1) relief in excess of or contrary to what
these Terms and Conditions of Use and Copyright Notice provide or (2) any
relief contrary to applicable law or the provisions herein.. Each party will
bear the costs of arbitration equally but each is responsible for its own
attorney fees in arbitration or legal proceedings, except that for any claims
against CSPC, which must be treated cumulatively, which are less than
$5,000.00, You are only required to assume the first $200.00 of the costs of
arbitration (but You are responsible for your own attorney fees and other
costs).
Under these
Terms and Conditions of Use and Copyright Notice, You and CSPC agree to be
governed by the law of the State of Washington, without reference to Washington
conflict of laws rules and without application of the Convention for the
International Sale of Goods, and where applicable or controlling, Federal law.
You and CSPC agree that such Washington law must be applied, including by
the Arbitrator, to the merits of any dispute or claim.
For any matter
not subject to arbitration, You and CSPC agree to submit to the personal and
exclusive jurisdiction of the U.S. District Court in King County, Washington,
U.S.A.
YOU ACKNOWLEDGE
THAT THE PROVISIONS REGARDING PROTECTIONS OF CSPC'S INTELLECTUAL PROPERTY
AND THE SECURITY AND PROPER USE OF THIS WEB SITE ARE MATERIAL TERMS OF THIS
AGREEMENT. SINCE ACTUAL DAMAGES THAT WOULD RESULT FROM A BREACH OF THESE
PROVISIONS WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX, YOU ACKNOWLEDGE
THAT CSPC MAY SEEK INJUNCTIVE RELIEF TO PREVENT ANY ANTICIPATE OR ON-GOING
BREACH OF THESE PROVISIONS.
Such remedy,
however, is cumulative and non-exclusive and is in addition to any other remedy
that CSPC is entitled to pursue. You further acknowledge that CSPC at its
sole and exclusive option may pursue such injunctive relief by way of the civil
court system or by arbitration. In the event CSPC chooses to seek injunctive
relief by way of the civil court system, CSPC shall be entitled to recover from
You any costs and attorney's fees expended on behalf of CSPC in the
maintenance of such claims.
THIS PROVISION
AND THESE REMEDIES HAVE BEEN AN IMPORTANT CONSIDERATION FOR CSPC IN OFFERING
SERVICES THROUGH ITS WEB SITE. YOU AGREE TO THESE REMEDIES AND WAIVE ANY RIGHTS
CONTRARY TO THESE REMEDIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU
ACCESS OR USE THIS WEB SITE.
IF ANY
PROVISION, INCLUDING THIS DISPUTES PROVISION, OR A PORTION OF ANY PROVISION IS
DETERMINED BY A COURT OR ARBITRATOR TO BE INAPPLICABLE OR INVALID, YOU AGREE
THAT THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT SO AS TO RETAIN
THE MAXIMUM APPLICATION OF THE OBJECTIVE INTENT OF THE PROVISION.
YOUR EXPRESS ACKNOWLEDGEMENT OF WAIVER:
If You are in
Washington, you waive Washington Civil Code Section, which states: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR." If you are the resident of another jurisdiction having a similar
statute or law, you waive such statute or law by using this Web Site.
Procedures Required for Notice Between You and CSPC:
Any notices or
communications under these provisions or relating to your use of this Web Site
must be delivered as follows:
If notice is by
You to CSPC, (1) Customer Service inquiries and technical inquiries about
the routine operations of this Web Site may be directed to sales@constructionsitephotos.com
or by calling 253-653-4442 (2) all legal notices, notice of disputes and
demands for arbitration, and any other notice which purports to change these
provisions or to assert legal entitlements must be sent in writing to
Construction Site Photos.Com, Legal Department, 33915 53rd Avenue South,
Auburn, WA, 98001, by registered mail or certified mail, return receipt
requested. In no event shall You assume for (2) that notice by electronic mail satisfies
this requirement. For notice to be sufficient under (1) and (2), You must
identify your name, address, telephone number and email address. All sufficient
notice shall be deemed to have been received on the date it is delivered.
If notice is by
CSPC
to You, CSPC may be sent at CSPC's reasonable discretion by electronic
mail to the electronic address specified during your use of this Web Site, by
facsimile if You have provided a facsimile number during your use of this Web
Site, or by regular, certified or registered mail to the mailing or street
address provided by You during your access of this Web Site or by nationally
recognized delivery service which maintains receipt confirmation. You will be
deemed to have received this notice either upon receipt or, for mailings,
within seven days after mailing, whichever earlier occurs. You are responsible
for notifying CSPC of any changes to your contact information prior to any
changes. CSPC may use your previous contact information, if you failed to
provide CSPC with updated or current information.
TERMINATION:
Termination
by CSPC
CSPC may, at
its sole discretion and without prior notice, terminate or discontinue any or
all of the services offered by or through this Web Site. In addition, CSPC
may terminate without liability, including for the content you have provided or
posted, your access to this Web Site or use of services by or through this Web
Site, if at any time, in CSPC's sole discretion and without limitation, including
if (1) You breach in any way these Terms and Conditions of Use and Copyright
Notice as posted at this site and as modified from time, (2) CSPC is unable
to verify or authenticate any information You have provided to CSPC, (3) if
CSPC believes that You have violated or acted inconsistently with the spirit
of this Agreement or to the detriment of CSPC's reputation or obligations or
(4) if You dispute or attempt to modify any of these Terms and Conditions of
Use and Copyright Notice or their application by CSPC.
Upon termination
by CSPC, CSPC reserves the right to (1) collect all charges, fees,
commitments and obligations incurred or accrued by You; (2) delete any content,
listings, messages or other information connected with your prior use of this
Web Site, (3) prohibit your future access to this Web Site, including without
limitation by deactivating any passwords, (4) and refuse You future access to
this Web Site or affiliated Web Sites. In no event shall CSPC be required to
refund, redeem or pay amounts to You upon termination of your access or to
return any content to You.
Termination by You:
You may
terminate your access with this Web Site at any time. If You have a continuing
or subscription service, you may cancel your service by calling 253-653-4442 or
by providing notice in accord with the provisions herein. In order to cancel,
You must provide us with the exact name of the service to be cancelled, your
username and password, your email address; your billing information and other
information such as may be needed to accomplish your request. YOUR SOLE REMEDY
IF YOU DISPUTE ANY OF THESE TERMS AND CONDITIONS OF USE IS TO TERMINATE YOUR
ACCESS TO THIS WEB SITE AND ITS SERVICES.
No Resale or Commercial Use:
You may not
agree to resell, sublease or assign your rights or obligations under these
Terms and Conditions of Use and Copyright Notice. You also agree not to make
any unauthorized commercial use of this Web Site.
Billing and Charges:
CSPC reserves
the right to charge the then-current prices and fees posted on this Web Site
and as modified from time to time without advance notice to You. If You submit
an order or request for services for which a payment or fee is required, You
hereby authorize CSPC to charge your credit card for all applicable fees,
taxes, shipping/handling and charges, including fees and charges applied by
third parties or other service providers necessary to complete your request for
services.
If the service
You request is a continuing or subscription service, this service will
automatically renew at the end of the subscription period, unless You terminate
this service not less than thirty (30) days prior to the end of the
subscription period by providing notice under these provisions.
CSPC reserves
the right to modify fees and charges applicable at time of renewal of
subscriptions or services. Any periodic subscription fees will be billed
automatically to your designated credit card at the start of each renewal
period and you authorize such automatic billing for renewals.
If you find any
modification of these fees or charges for subscription or renewed services to
be unacceptable, your sole remedy is to cancel your services. No refunds will
be made.
If you
registered for a service using a promotional code, after the initial
promotional period expires, your renewal will continue at the then-current
price.
You acknowledge
that it is your responsibility to notify CSPC of any changes to your credit
card, including its expiration; otherwise your access to services may be
disconnected or interrupted.
Charges will be
that posted at time of order submission. You agree to pay any taxes, including
sales or use taxes, shipping and handling fees as posted. All fees shall be
paid in U.S. dollars. Charges will be posted at time of order submission to any
credit card you have authorized. You agree to make payment within thirty (30)
days of billing by your credit card service. Acceptance of late or partial
payments (even if marked "Paid in Full") shall not waive any of
CSPC's rights to collect amounts due. Delinquent payments may result in the
imposition of a late fee, at the rate of one percent of the unpaid balance per
month, or the maximum allowable under applicable state law, whichever is
higher. If payment becomes delinquent, CSPC may suspend, disable or
terminate services or access to You at this Web Site and related sites.
You acknowledge
and agree that you will notify CSPC of any billing problems or discrepancies
within sixty (60) days after they first appear on your credit card account
statement. If You do not notify CSPC within sixty (60) days, You waive any
right to dispute such problems or discrepancies.
Security and Passwords:
Depending on the
type of service You access and use, You may receive a password and account
designation upon completing initial access or registration at this Web Site and
linked sites. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password and account. You agree to (1) immediately notify CSPC of
any unauthorized or potential unauthorized use of your password or account or
any other breach of security, (2) to ensure that you exit from your account at
the end of each access session and (3) not to attempt to obtain or use the
password, data or content of other users. You may not disclose or share your
password with any third parties or use your password for any unauthorized
purpose. CSPC cannot and will not be liable for any loss of damage arising
from your failure to comply with this paragraph.
The security
mechanisms incorporated into CSPC's software, however carefully designed,
have inherent limitations and You must determine that this software adequately
meets your requirements. Given the nature of the internet, CSPC can not and
does not warrant that files available for downloading will be free of
infection, viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You agree that You are solely
responsible for implementing sufficient procedures to provide protection for
Your computer system from such events.
Proprietary Rights to Your Content:
CSPC does not
claim ownership of the content that You provide to this Web Site. However, by
using or accessing our Web Site You grant CSPC a world-wide, royalty-free,
irrevocable and non-exclusive license to (1) host, use, reproduce, modify,
distribute, transmit, combine with information provided by third parties and
publicly display Your content on and through CSPC's Web Site services and in
CSPC's promotional or advertising materials (only for the limited purpose of
promotion the Web Site services), and (2) sublicense to third parties Your
content to the extent necessary for the provision of services and for the
creation and maintenance of, in part or in whole, our Web Site, that of our
affiliates or service providers, or any location where your posting, upload or
content is maintained. No compensation will be paid or due to You with respect
to CSPC's or its sublicense’s use of the materials as licensed above.
By posting
messages or participating in chat rooms or bulletin boards, uploading files,
inputting data, submitting any feedback or suggestions, or engaging in any
other form of communication with or through any CSPC web site, You warrant
and represent that You own or otherwise control the rights necessary to do so
and to grant CSPC the license set forth above and pursuant to the provisions
herein, You will defend and indemnify CSPC and other Indemnified Parties
from any third party claim related to a breach of any of the foregoing
representations and warranties.
Privacy Policy:
The CSPC
Privacy Policy as posted on this Web Site and as modified from time to time
will apply and is incorporated by reference here.
However, if you
provide any chat room-type postings, product testimonial feedback or
unsolicited transmittals to this Web Site or any other CSPC or linked webs site
locations, in particular where third party of other users are present or may
have access, You acknowledge that You have no expectation of privacy or
confidential treatment of information that You have provided. DO NOT POST SUCH
INFORMATION IN THESE LOCATIONS WHICH ARE OR ARE LIKELY TO BE ACCESSIBLE TO
OTHER PUBLIC, IF YOU WISH THIS INFORMATION TO BE MAINTAINED IN A NON-PUBLIC
MANNER.
Severability:
Each of the
terms and limitations provided by these terms are important to CSPC in
providing its Web Site and services through the internet and the pricing of
those services. In the event any provision contained herein is held by a
tribunal of competent jurisdiction to be contrary to the law, the remaining
provisions herein will remain in full force and effect, to the maximum extent
possible.
Integration:
The Terms and
Conditions of Use and Copyright Policy contained herein and as modified from
time to time, and inclusive of terms and provisions incorporated by reference, constitute
the entire agreement between You and CSPC. These terms replace in their
entirety and supercede, whether verbal or written, any and all previous
proposals, negotiations, writings, and other communications between You and CSPC. These provisions may not be waived, modified or limited by any
statements, implied or direct, by any third party, employee or representative
of CSPC. CSPC expressly disclaims any authority by any other person or
entity to waive, modify, or limit these provisions. CSPC disclaims any
liability for the actions of such individuals, by their representations,
promises and/or statements which in any way modify, conflict with or are in
contravention of these provisions.
Consent to Electronic Form of Contract:
BY YOUR ACCESS
AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND
CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING
THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in
printed or electronic form, shall be admissible in judicial or arbitration
proceedings, to the same extent and subject to the same conditions as other
documents and records generated and maintained in written form. Your consent to
electronic form extends to all written notices sent by CSPC. You acknowledge
that You have the necessary hardware and software to access these provisions as
posted on CSPC's web sites and will maintain such hardware and software
throughout your use of this Web Site and its services. You may remove your
consent to the electronic form of contracting with CSPC, but in that event,
You must provide notice pursuant to these provisions and your authorization to
use and access this Web Site is immediately terminated.
Waiver:
The waiver of
any breach or default of obligations under these provisions will not constitute
a waive of any subsequent breach or default and will not act to amend or negate
the rights of the waiving party.
Survival:
The provisions
herein dealing directly or indirectly with intellectual property, disclaimers
of warranties, limitation of liability, compliance with laws and regulations,
security, dispute resolution and use restrictions and prohibitions continue to
apply and shall survive the termination or expiration of any relationship
between You and CSPC.
Independent Review Acknowledgement:
YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND COPYRIGHT NOTICE AND
ALL RELATED TERMS REFERENCED HEREIN. YOU AGREE TO ALL TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THESE PROVISIONS AND THE
DESIRABILITY OF USING THIS WEB SITE AND ITS SERVICES. YOU ARE NOT RELYING ON
ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET
FORTH IN THESE PROVISIONS.
Report of Violations:
You agree as a
condition of use and access to this Web Site to immediately notify CSPC
using the methods outlined in these Terms and Conditions of Use and Copyright
Notice if you become aware of any unauthorized, improper or unlawful use or
threatened use of this Web Site.
AUTHORIZED USE POLICY - ADDITIONAL SPECIFIC PROHIBITED USES:
You agree and
warrant that You will not use (or plan, encourage or help others to use) this
Web Site for any purpose of in any manner that is prohibited by these terms and
conditions. It is your responsibility to ensure that your use of this Web Site
complies with these terms and conditions. You specifically agree not to do any
of the following:
a. Post any
incomplete, false, or inaccurate information about yourself, your organization
or any content you provide.
b. Upload, post,
transmit, retransmit, distribute or store any material or content is abusive,
adult content, obscene, indecent, profane, pornographic, threatening or harassing,
libelous, defamatory, invasive of another's privacy, tortuous, racially,
ethnically or otherwise objectionable, including material that restricts a
civil liberty
c. Undertake an
action, directly or indirectly, which restricts or inhibits any person or
entity, whether a User of this Web Site or otherwise, in its use or enjoyment
of the services or products of this Web Site
d. Utilize this Web
Site or its services to harm minors in any way
e. Violate any
rights of any person or entity, including rights protected by copyright, trade
secret, patent, or other intellectual property or similar laws or regulations,
including but not limited to, the installation or distribution of
"pirated" or other software products that are not appropriately
licensed for use
f. Violate
export control laws
g. Upload, post,
transmit, retransmit, distribute or store any false data, including but not
limited to data on enrollment, on-line applications, contracts and including
fraudulent use of credit card numbers, social security numbers or other
personally identifiable data
h. Impersonate any
person or entity or falsely state or otherwise misrepresent an identity or
affiliation
i. Falsify
headers or any other data directly or indirectly, in order to disguise or misrepresent
the origin or identity of any content or transmission
j. Upload,
post, transmit, retransmit, distribute or store any material or content, that
You do not have a right to transmit under any law or under any contractual or
fiduciary relationship (such as inside information or proprietary and
confidential information)
k. Upload, post,
transmit, retransmit, distribute or store any material or content, that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party
l. Upload,
post, transmit, retransmit, distribute or store any material or content that
contains any unsolicited, unregistered or unauthorized advertising, chain
letters, illegal contests, junk mail, promotional materials, pyramid schemes,
business opportunities, club memberships, spam or any other form of
solicitation
m. Upload, post, transmit,
retransmit, distribute or store any material or content that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy, modify or limit the functionality of another entity's computer
software, hardware or telecommunications equipment or support services
n. Disrupt the
normal flow of dialogue, cause a screen to scroll faster to disrupt other
users, or otherwise act in a manner that negatively affects other User's
ability to use the services of this Web Site
o. Interfere with or
disrupt the operations of this Web Site, including the support provided by any
of this Web Site's service providers or linked sites, or fail to follow any of
the requirements, procedures, policies or regulations of networks connected to
this Web Site
p. Attempt to use or
use multiple log-ins, methods for circumventing time charges accounting or
log-in protections; attempt to consume excessive resources, including CPU time,
memory, storage space resources; or to fail to safeguard or to share passwords
or accounts with others in any way which disrupts or negatively affects the
services of this Web Site
q. Intentionally or unintentionally
violate any law, including but not limited to, regulations promulgated by the
United States Securities and Exchange Commission, the Federal Trade Commission,
any rules of any other securities exchange or regulatory body, and any
regulations having the force of law
r. Post
content, transmit e-mail or link to other sites for the marketing, sales, or
distribution of: ammunition, counterfeit, pirated or stolen goods, explosives,
firearms, food that is not packaged or does not comply with all applicable laws
for sale to consumers by commercial merchants, fraudulent goods, liquor,
pharmaceuticals or controlled substances, tobacco products, gaming products or
services, any goods or services that infringe or otherwise violate a third
party's rights, registered or unregistered securities, or any goods or services
that can not be legally sold, are misrepresented, or if displayed or sold on a
web site, would cause this Web Site to violate any law, statute or regulation
s. Harvest, store or
otherwise collect information about third parties, or other users of this Web
Site, including e-mail addresses, without their express and verified consent
t. Use this
Web Site or its Services for any illegal activities, including but not limited
to, disobeying trade restrictions, vandalizing, altering or destroying online
data or files, tampering with information data bases and software, trafficking
in illegal products or substances, attempting unauthorized entry or access to
this Web Site or to other networks or computers, or violating civil rights laws
u. Attempting to
breach the security of this Web Site or other services used in conjunction with
this Web Site, including but not limited to, attempting to circumvent user
authentication or security of any host, network, or account (hacking, cracking,
port scans or flood pings); unauthorized monitoring of data or traffic;
installing, without authorization, continuously running programs; reselling CGI
scripts; conducting denial of service attacks; attempting to disrupt service by
distributing or introducing viruses, worms or other harmful software;
attempting to create unauthorized full time connections
v. Misusing
email or posting capabilities, including but not limited to sending unsolicited
bulk mailing of commercial advertising and informational announcements; sending
solicited email that otherwise violates these policies; sending email that
falsifies an address or other information for the purpose of concealing the
sender's or recipient's identity; harassing recipients through language,
frequency, or size of messages; sending email chain letters or pyramid schemes;
relaying email without the express permission of a web site, service, system or
network; sending email with false or misleading statements, claims or
representations; forging header information including but not limited to
attempting to circumvent the approval process for posting to a moderated group;
and canceling or superseding posts, data or content other than the User's own.
w. Using or attempting
to use any engine, software tool, agent, or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or other
intelligent agents) to navigate or search this Site, other than the search
engine and search agents available from
CSPC on this Web Site and other than
generally available third party Web browsers (e.g., Netscape Navigator,
Microsoft Explorer, etc) or attempting to link directly to locations embedded
within this Web Site ("deep linking")
x. Attempting to decipher,
decompile, disassemble or reverse engineer any of the software comprising or in
any way making up a part of this Web Site or other service providers or links
to this Web Site
y. Create a border
environment, frame or replicate the content of this Web Site through another
web site
z. Imply or represent, directly or indirectly, by linking or otherwise, that CSPC or this Web Site is affiliated with, endorses, or has any relationship with any other entity or web site, without the prior written permission of CSPC.
UPDATED OCTOBER 7, 2003