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Terms of UseFOTOMINA LTDFOTOMINA.COM WEBSITE TERMS OF USE Last updated: 16 March, 2009 PLEASE READ THESE TERMS AND CONDITIONS ("SITE TERMS") CAREFULLY BEFORE USING THIS WEB SITE. BY ACKNOWLEDGING AND USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. OWNERSHIP This Site and all the materials available on the Site are the property of Fotomina and/or our partners/contributors, and are protected by copyright, trademark, and other intellectual property laws. Unless explicitly authorized in these Terms of Service, by the owner of the materials, or in additional terms and conditions that may apply to specific sections of the Site, you may not copy, reproduce, sell or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. AUTHORIZED USE Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Fotomina. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the Fotomina End User License Agreement (EULA) and any relevant Licensing Agreements. LINKS TO THIRD PARTY SITES FOTOMINA may contain links to or may frame third party Web sites ("Third Party Sites") and may contain or link to third party advertisements or other third party information, materials, communications or other content (collectively the "Third Party Content"). Such Third Party Content and Third Party Sites are not under FOTOMINAs control, and FOTOMINA does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content or any products or services offered by any third parties on the Site or any Third Party Site. FOTOMINA does not intend links on this Site to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. Your use of Third Party Sites or Third Party Content, or any third party products and services, is at your own risk and subject to the terms and conditions or the provider. YOU REPRESENT, WARRANT AND COVENANT THAT * You are at least 18 years of age and have the right to enter into this Agreement. * You will not use the Content in any way that is not permitted by this Agreement or any other relevant Licensing Agreements. * Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity. * The information you provide to Fotomina is accurate and true. Limitations on Warranty and Liability THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOTOMINA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. FOTOMINA SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE CONTENT. INDEMNIFICATION You agree to indemnify and hold fotomina and its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. SUSPENSION Notwithstanding any of these Site Terms, Fotomina reserves the right, without notice and in its sole discretion, to discontinue the Site or any Services offered through the Site and to terminate your license to use and block your access to the Site at any time without notice. In addition, Fotomina reserves the right to delete, edit or modify any and all User Content contained in the Site and any services offered through the Site at any time without notice. CONTACT If you have concerns relating to this Agreement, please contact Fotomina at support@fotomina.com. These Terms of Use may be revised or updated without notice. You are advised to review them regularly. |
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