TERMS OF USE AGREEMENT

Your use of this website means that you (“You”) are entering in a Terms of Use Agreement (“Agreement”) with MyPhotoPassion.com. If you do not agree with these terms you should leave this website (“Website”) immediately, not use the files on this Website, and/or not subscribe to this service.

These Terms of Use are subject to change at any time and without notice, in the sole discretion of MyPhotoPassion.com. We urge You to review these Terms of Use periodically. Your continued access and/or use of this Website after any such changes are posted will constitute Your acceptance of these changes.

This Website contains copyrighted photographs, images, text (collectively “Content”) which is owned by MyPhotoPassion.com or its licensors. It is illegal to duplicate, download or distribute any Content from this Website except for Your use, and You may not redistribute or sell the content. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to You. You may not redistribute or sell the content.

If You believe that Content appearing on this Website constitutes copyright infringement of another party’s rights, please bring this information to MyPhotoPassion.com attention.

The design or layout of this Website owned, operated, licensed and controlled by MyPhotoPassion.com, is protected by Canadian and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, MYPHOTPASSION.com MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED “AS IS.” THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MyPhotoPassion.com WITH RESPECT TO THE WEBSITE, CONTENT, AND SOFTWARE.

MYPHOTOPASSION.COM DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE WEBSITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT MYPHOTOPASSION.COM WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

IN NO EVENT WILL MYPHOTOPASSION.COM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF MYPHOTOPASSION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF MYPHOTOPASSION.COM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Passwords
You acknowledge and agree that the user identification (“Member’s Name”) provided by MyPhotoPassion.com to You, as well as the password selected and used by You are to be kept confidential. You agree that You will be responsible for each and every access or use of the Website, and that MYPHOTOPASSION.COM is authorized to accept your Member’s Name and password as convincing evidence that you wish to upload and/or download Content pursuant to this Agreement.

Product Availability
Products, services, and programs in this Website may not be available in your country. References to any product, service, or program do not imply that MYPHOTOPASSION.COM intends to make available such products, services, or programs in your country.

Links to Third Party Sites
MYPHOTOPASSION.COM PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. MYPHOTOPASSION.COM  DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. MYPHOTOPASSION.COM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY MYPHOTOPASSION.COM OF SUCH SITES.

Use of the Forum
The opinions expressed in the forum article section are views and opinions of the authors of the messages and are not opinions of MYPHOTOPASSION.COM, its administrator, moderator or webmaster. You acknowledge and agree that MYPHOTOPASSION.COM, its administrator, moderator or webmaster cannot be liable under any circumstances for the content of the messages posted in this forum. You acknowledge and agree that although MYPHOTOPASSION.COM is monitoring the forum and article section, MYPHOTOPASSION.COM cannot review every message.

You acknowledge and agree that MYPHOTOPASSION.COM has the right to edit, remove, move or close any topic at any time at MYPHOTOPASSION.COM sole discretion. MYPHOTOPASSION.COM will make every reasonable effort to remove or edit any message with offensive material as soon as MYPHOTOPASSION.COM receives information that a message with such content has been posted. You acknowledge and agree not to post any messages and/or materials that are vulgar, slanderous, abusive, obscene, threatening, hateful, sexually-oriented or may violate any law of any country. You acknowledge and agree that in the event of the breach of these rules, You will be immediately and permanently banned from accessing the site and Your internet service provider will be notified.

You acknowledge and agree that MYPHOTOPASSION.COM has right to record every IP address associated with the computer used to post messages in this forum to ensure that the offenders will be reported to local authorities for prosecution. You acknowledge and agree to indemnify MYPHOTOPASSION.COM for any loss, damage, liability, claim, action, legal fees and expenses incurred as a result of the claims filed against MYPHOTOPASSION.COM by a third party in connection with the use of the forum.

You acknowledge and agree that Your personal information will be kept in MYPHOTOPASSION.COM secure database. This personal information will not be disclosed to third parties without a court order. You acknowledge and agree not to hold liable MYPHOTOPASSION.COM and its employee, directors, administrators and webmaster in the event that this personal information is lost or stolen as a result of a hackers’ attack.

Other Legal Information
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. This Agreement contains the entire understanding of the parties hereto relating to the use of this Website and supersedes any prior written or oral agreement or understandings between the parties with respect to this Website, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. MYPHOTOPASSION.COM reserves the right to terminate this Agreement without notice if, in MYPHOTOPASSION.COM sole discretion, You fail to comply with any terms of this Agreement. Upon termination, You must destroy all materials obtained from this Website, copies, and related documentation thereof. In addition, MYPHOTOPASSION.COM reserves the right to terminate this Website without notice.

Age and Responsibility
You represent and warrant that you are of sufficient legal age to use the Website and face binding legal obligations for any liability you may incur as a result of the use of the Website. You agree to be responsible for all of Your use of the Website (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Website under your name or account. Minors in the country, province or state in which they live, can only use this Website with the approval of a parent or guardian.

Website Update
MYPHOTOPASSION.COM will make any necessary effort to update the information on this Website regularly. Nonetheless, MYPHOTOPASSION.COM cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. MYPHOTOPASSION.COM may revise, supplement or delete information, services and/or resources contained in this Website and reserves the right to make such changes without prior notification.

Privacy
MYPHOTOPASSION.COM is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. To know about the manner we use such information, read our Privacy Policy.

Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MYPHOTOPASSION.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MYPHOTOPASSION.COM RELATING TO THE SUBJECT OF THIS AGREEMENT.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.