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TERMS & CONDITIONS |
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- The terms 'worldphotoguide' and 'worldphotoguide.com'
are used in this document (or Agreement) to refer to the Web site
itself and to CAPTURES, Inc., the company which owns and operates
the worldphotoguide website.
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- worldphotoguide.com, or worldphotoguide, is an online
networking photography community that connects its members through
networks of friends and through a variety of services that it provides
to its members. This document covers the terms and conditions under
which these services are provided and the privacy policy of the site.
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- Your registration as a member of worldphotoguide
or the use of any of the features and services on worldphotoguide
either as a registered member or as an unregistered visitor constitutes
acceptance of these terms and conditions and the privacy policy defined
herein. These terms and conditions apply automatically to any new
services or features introduced on worldphotoguide.
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- If you do not agree with any of the terms and conditions
or with the privacy policy of Worldphotoguide, you are NOT granted
rights to use Worldphotoguide services and must not register as a
member of Worldphotoguide or use any of its services
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- Worldphotoguide.com reserves the right to update
the terms, conditions and notices of this agreement without notice
to you. It is your responsibility to periodically review the most
current version of this Agreement as your continued use of worldphotoguide
signifies your acceptance of any changed terms.
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- This Agreement constitutes the entire agreement between
you and Worldphotoguide and governs your use of the Worldphotoguide
Service, superseding any prior agreements between you and Worldphotoguide.
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- Worldphotoguide is entitled to assign this agreement,
and all rights and obligations hereunder, to a successor to all or
any of its assets, whether by sale, merger or otherwise. These terms
shall be binding upon and shall inure to the benefit of the parties
hereto and their respective representatives, heirs, administrators,
successors and permitted assigns except as otherwise provided herein.
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Terms of Service |
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Worldphotoguide is a service provider
as defined in the Digital Millennium Copyright Act of 1998. Worldphotoguide
is an interactive computer service as defined by 47 U.S.C. § 230.
We do not control the truth or accuracy of content posted or the safety,
or legality of the items advertised or sold. You may find other users'
information or advertisements posted to be offensive, harmful, inaccurate
or deceptive. The views expressed on the website are not those of Worldphotoguide.com,
and any errors or omissions in them belong to the respective contributors
/ copyright holders. Through the use of this site, you agree to hold harmless
worldphotoguide and its sponsors, owners, or employees against any and
all claims related to the opinions expressed by others. |
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The reminder of this document covers
the specific terms and conditions under which each major service category
of worldphotoguide are provided for your use. It is your responsibility
to make sure you read and understand this document before using any Worldphotoguide
service. Please do not contribute to worldphotoguide in any manner unless
you have carefully read and agree with all of these terms. |
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Accessing
and Transmitting Worldphotoguide Content |
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All the content available for public
access on Worldphotoguide is protected by copyright. Your use of this
material must adhere to the following terms, unless you are the original
contributor of the content to Worldphotoguide, in which case your use
is governed by the terms governing Worldphotoguide's relationship with
its contributors as covered below. |
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- You may download and print a single copy of any content
item for your personal, non-commercial use. Content items include,
but are not restricted to, articles, columns, complete and reader
comments on articles.
- You may not modify any content you download or print
from worldphotoguide. You must retain all copyright notices and logos
on any content item you download or print.
- You may not make any content item originating from
Worldphotoguide available for public access by any means whatsoever
without obtaining prior written permission from worldphotoguide.
- You may forward Internet URLs (Uniform Resource
Locators) to third parties for private, non-commercial use, along
with brief extracts that do not violate Fair Use guidelines.
- You may post, or otherwise make publicly available,
excerpts from Worldphotoguide content items, in any publicly accessible
forum, so long as they follow standard Fair Use guidelines and worldphotoguide
is cited alongside the excerpt as the original source with a link
back to Worldphotoguide.
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Top Contributing Content to Worldphotoguide |
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In addition to being a social and professional networking
site that connects people, worldphotoguide also provides a variety of forums
for its members to express themselves in the form of articles, columns,
opinions, comments, reviews, art and photographs. Worldphotoguide provides
value to its contributors by making available to them its vast global audience
reach. |
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The terms in this section apply to all the content contributed
to Worldphotoguide in any of its various services and forums. |
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- You truthfully assert that the content being contributed
is your creation and that you own the copyright to the content. Unless
you have deliberately assigned the copyright to someone else, you automatically
own the copyright to all of your original creations.
- You truthfully assert you have not infringed on anybody
else's copyright in the creation of this article.
- We are not responsible or liable for loss if visitors
to the site violate your copyright and distribute your copyrighted content
without your permission.
- You grant us exclusive unlimited Internet distribution
rights and electronic distribution rights, and non-exclusive, unlimited
print publication and distribution rights either through Worldphotoguide's
own or through other media. This includes Web publishing, syndication
on other web sites, syndication with print publishers, publishing as
part of a collection of articles, publishing as a book, email, ftp,
telnet and other Internet-based information transfer protocols.
- You may, however, publish the content you contribute
to Worldphotoguide, on your personal, non-commercial Web site if you
possess one.
- In case the contributions are digital images of artwork
in traditional media such as canvas, that is available for sale, you
may also publish digital images of your artwork on commercial Web sites
that sell art online, only for the purpose of sale.
- Once granted and your content is published, the distribution
rights cannot be revoked. In other words, once your contribution is
published on Worldphotoguide it automatically becomes a permanent part
of the publicly-accessible Worldphotoguide archives. You may, however,
subject to our approval, update or revise your contributions on worldphotoguide.
- You will not receive any monetary compensation for
your submissions. The only in-kind compensation we promise is exposure
on the World Wide Web and a home for your expression on the web.
- You grant us the right to organize, categorize, collate
your contributed content and present it on the website in any manner
we see fit. We may remove or edit your contribution at our discretion
without having to secure your permission. We will however make reasonable
efforts to inform you of the changes.
- We generally do not object to our contributors posting
their Worldphotoguide contributions on other, freely accessible non-commercial
Internet locations, so long as worldphotoguide is clearly cited as the
original publisher, and a link to www.sulekha.com is provided. You,
however, agree to secure our permission first before such re-publication
on other Internet sites happens.
- You agree to state worldphotoguide.com as the previous
publisher prominently in case you print your article in an offline magazine.
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While you are on the site and engaged
in any form of communication on any of the forums, you agree NOT to:
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- Upload or post or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, libelous, promotes violence, is invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a worldphotoguide
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted;
- Upload or post otherwise make available any Content
that you do not have a right to make available, under any law or under
contractual or fiduciary relationships (such as inside, proprietary
or confidential information, learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Upload or post or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party. You may, however, post excerpts of
copyrighted material so long as they adhere to Fair Use guidelines.
- Upload or post or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of business solicitation. Repeated postings of a promotional
nature is considered abuse of the forums. Businesses or individuals
wishing to advertise on the worldphotoguide website should contact us
at this address.
- Upload or post or otherwise make available any material
that contains softwares viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue by repeatedly posting
the same or similar material, or otherwise acting in a manner that negatively
affects other users' ability to engage in exchanges;
- Violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "Stalk" or otherwise harass another user;
Collect or store personal data about other users either manually or
by means of automated software tools; Promote illegal activities; Inhibit
other users from using and enjoying the unedited forums.
- Post classifieds advertisements that contain untruthful
representations, deceptive practices, inducements to commit any illegal
activity.
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Using worldphotoguide Services |
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This Section covers the terms under which various worldphotoguide
services, including, but not limited to, link forwarding services, event
information, and any information available on worldphotoguide, are made
available to you. |
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You agree that: |
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- Worldphotoguide may electronically block or otherwise
deny access to the worldphotoguide Web site, to any user deemed to be
in violation of any of the terms in this document.
- Worldphotoguide is not obliged to ensure that the
Web site is available to all users at all times. While we make all attempts
to deny access only to those individuals who violate worldphotoguide
regulations, we are occasionally forced to use access denial methods
that cause a disruption in access for other users.
- worldphotoguide is not responsible for a loss of access
to worldphotoguide services due to failure of networks connected to
the Internet, or any other temporary hardware or software failure.
- Worldphotoguide reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
- A possibility exists that the Site could include inaccuracies
or errors. Additionally, a possibility exists that unauthorized additions,
deletions and alterations could be made by third parties to the Site.
Although worldphotoguide attempts to ensure the integrity and the accuracy
of the Site, it makes no guarantees whatsoever as to the correctness
or accuracy of the Site. In the event that such an inaccuracy arises,
please inform worldphotoguide by emailing feedback@worldphotoguide.com.com
so that it can be corrected.
- This Site may contain links to other Web sites operated
by third parties ("Linked Sites"). You acknowledge that, when
you click on a link to visit a Linked Site, a frame may appear that
contains the worldphotoguide logo, advertisements and/or other content
selected by worldphotoguide. You acknowledge that worldphotoguide and
its sponsors neither endorse nor are affiliated with the Linked Site
and are not responsible for any content that appears on the Linked Site.
You also acknowledge that the owner of the Linked Site neither endorses
nor is affiliated with worldphotoguide and its sponsors.
- If you use worldphotoguide.com free email services,
provided by our affiliate, Everyone.net, you agree that your use of
this service, and rights with regard to the service, are governed by
the terms and conditions of Everyone.net.
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Event Manager and Event Ticketing |
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The following are the terms and conditions under which
Worldphotoguide.com is providing the ticketing service and under which this
website is to be used. |
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- Introduction and Definitions: worldphotoguide.com Event
Manager is the on-line service operated by CAPTURES, Inc., (the "Company"),
on the World Wide Web of the Internet, consisting of ticketing services,
ticketing resources, and related content provided by the Company, and
by third parties. "Subscriber" means every person who establishes
a connection for access to and use of worldphotoguide.com
- Agreement with Terms and Conditions: This Agreement
sets forth the terms and conditions that apply to use of worldphotoguide.com
by Subscriber. By using worldphotoguide.com, Subscriber agrees to comply
with all of the terms and conditions hereof.
- Changes in Terms and Conditions: The Company has the
right to change or discontinue any aspect or feature of worldphotoguide.com,
including, but not limited to, content, hours of availability, and equipment
needed for access or use, at any time. The Company has the right to
change or modify the terms and conditions applicable to Subscriber's
use of worldphotoguide.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use at any
time. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on worldphotoguide.com, or by electronic
or conventional mail, or by any other means. Any use of worldphotoguide.com
by Subscriber subsequent to such notice shall be deemed to constitute
acceptance by Subscriber of such changes, modifications or additions.
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Using worldphotoguide directory
listing or Marketplace Services |
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worldphotouide provides directory listing as a service
to enable its users to connect with one another. worldphotoguide provides
the platform but does not directly participate in, nor is it involved in
any transactions.Users of this service are responsible for all aspects of
the transactions in which they choose to participate. worldphotoguide requires
a user to register before his information but does not screen or control
users who may sell or buy on Classifieds, nor does worldphotoguide review
or authenticate all listings, items, or services offered for sale. worldphotoguide
have no control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell items
or the ability of buyers to buy items. Therefore, users of this service
should be aware of that |
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- Sellers and buyers are completely responsible for
working out the sale and exchange of goods or services. They must resolve
any disputes that may arise in their dealings.
- Sellers and buyers are responsible for researching
and complying with any applicable laws, regulations or restrictions
on items, services, or manner of sale or exchange that may pertain to
transactions in which they participate.
- Sellers and buyers are responsible for all applicable
taxes and for all costs incurred by participating in worldphotoguide
directory.
- worldphotoguide will not be liable for any damages
of any kind incurred as a result of the information contained in the
worldphotoguide.com directory.
- Users may not use or manipulate this service for any
fraudulent activity or purpose. Items or services offered for sale must
comply with applicable laws
- Members service users may not post the personalized
in multiple places. worldphotoguide may take action to delete the pages
and/or memberservice user accounts that we believe are misusing this
service. Prohibited spam or otherwise impermissible marketing activities
in worldphotoguide directory may include, but are not limited to, the
following:
- Because worldphotoguide is a platform, in the event
that users have disputes worldphotoguide and its employees, officers,
agents and directors are released from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. We do not control the information
provided by other users that is made available through our system. Users
may find other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution and common sense for your own safety.
Please note that there are also risks of dealing with underage persons
or people acting under false pretense. Additionally, there may also
be risks dealing with international trade and foreign nationals.
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Member Registration |
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Sworldphotoguide requires registration for those who participate
in a variety of its services. worldphotoguide also offers social networking
services to its members through which they can get to know each other and
establish shared contexts and relationships. When you register as a worldphotoguide
member, you accept the following terms and conditions: |
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- You agree to provide true, accurate, current and complete
information as required in the registration form.
- You agree maintain and promptly update the Registration
Data as necessary to keep it true, accurate, current and complete.
- If, after investigation, worldphotoguide has reasonable
grounds to suspect that any user's information is untrue, inaccurate,
not current or incomplete, worldphotoguide may suspend or terminate
that user's account and prohibit any and all current or future use of
the worldphotoguide Sites (or any portion thereof) by that user other
than as expressly provided herein.
- Each user is wholly responsible for maintaining the
confidentiality of account login and password information and for all
activities occurring there under. worldphotoguide cannot and will not
be liable for any loss or damage arising from a user's failure to comply
with this Section 4, including any loss or damage arising from any user's
failure to: (1) immediately notify worldphotoguide of any unauthorized
use of his or her password or account or any other breach of security;
and (2) ensure that he or she exits from his or her account at the end
of each session.
- You agree that worldphotoguide reserves the right to
publish any and all information provided as part of worldphotoguide
registration, except email address and password to authenticate the
user, to facilitate social networking among its members.
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Disclaimer of Warranties
and Indemnity |
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YOUR USE OF WORLDPHOTOGUIDE IS AT YOUR OWN RISK. THIS WEBSITE
IS PROVIDED BY CAPTURES, INC. ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITES DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION
WITH ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH SULEKHA
IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT
AND/OR SERVICE AND NOT BY CAPTURES, INC. |
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SMART INFORMATION WORLDWIDE, INC. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE,
INCLUDING THAT |
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- WORLDPHOTOGUIDE AND ITS SERVICES WILL MEET YOUR REQUIREMENTS,
- WORLDPHOTOGUIDE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOUGH SULEKHA WILL MEET
YOUR EXPECTATIONS, BE RELIABLE OR ACCURATE, AND
- ERRORS IN THE SOFTWARE WILL BE CORRECTED
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YOUR SOLE REMEDY FOR DISSATISFACTION WITH WORLDPHOTOGUIDE,
SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE
SITE IS TO STOP USING THE SITE AND/OR ITS SERVICES.ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF WORLDPHOTOGUIDE IS DONE 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 DO. |
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You agree to indemnify, defend and hold CAPTURES Inc. harmless
from all claims, damages and expenses (including attorney's fees) made by
any third party arising out of your content, your use of worldphotoguide,
your connection to worldphotoguide, your violation of this Agreement, our
Terms of Use or our Privacy Policy, and the development, operation, maintenance,
use and contents of your website. |
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Limitation of Liability |
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IN NO EVENT SHALL SMART INFORMATION WORLDWIDE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING
FROM [A] THE USE OR THE INABILITY TO USE OUR SERVICES OR ACCESS CONTENT,
[B] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
TRANSACTIONS ENTERED INTO THROUGH OR FROM WORLDPHOTOGUIDE, [C] THE UNAUTHORIZED
ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA, [D] STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR [E] ANY OTHER MATTER RELATING
TO THE SERVICE, EVEN IF SMART INFORMATION WORLDWIDE, INC.. HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. |
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Void Where Prohibited |
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Although worldphotoguide is accessible worldwide, not all
products or services discussed or referenced on worldphotoguide are available
to all persons or in all geographic locations or jurisdictions. worldphotoguide
reserves the right to limit the provision of any product or service to any
person, geographic area or jurisdiction it so desires, in its sole discretion
and to limit the quantities of any such product or service that it provides.
Any offer for any product or service made on worldphotoguide is void where
prohibited. |
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In addition, CAPTURES Inc. makes no representation that
materials on worldphotoguide are appropriate or available for use in locations
outside the India therefore, accessing those materials from territories
where they are illegal is prohibited. Those who choose to access worldphotoguide
from locations outside the India do so on their own initiative and are responsible
for compliance with local laws. |
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Financial Transactions and Taxes |
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If you make any financial transactions on worldphotoguide,
including paying for network services fees, advertising banners, product
placements, products or services, you may be asked for credit card or other
payment information. You agree that all information you provide is accurate,
complete and current and that you will pay all charges owed, including any
applicable taxes. You agree that you are solely responsible for any personal
income reporting and tax payments required of you by applicable government
authorities. |
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Termination |
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CAPTURES reserves the right to discontinue
in whole or in part any portion of worldphotoguide services or programs
with or without notice. |
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Additional Notices |
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- All pages within this Internet site are the property
of CAPTURES, Inc. Permission (which may be revoked at any time) is granted
to download the material in this Site without alterations and for private
and non-commercial use only so long as the following copyright notice
is included: © 1998-2004, CAPTURES, Inc.
- Any offer for any product or service made in the Site
is void where prohibited.
- Third party trademarks, service marks, logos, trade
names and copyrights found on worldphotoguide belong to their respective
owners.
- All rights to the worldphotoguide Material not expressly
granted herein are reserved.
- Third Party Merchants and Advertisers: You acknowledge
that CAPTURES Inc. does not control the performance of merchants or
advertisers that appear on worldphotoguide. Therefore, if you choose
to purchase a product or service, you release us from any and all claims
you may have regarding the third party's failure to deliver or perform.
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Independent Investigation |
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT MEMBER REFERRALS ON TERMS THAT MAY DIFFER
FROM THOSE CONTAINED IN THIS USER AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN WORLDPHOTOGUIDE OR ITS PROGRAMS AND
ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN
AS SET FORTH IN THIS AGREEMENT. |
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