TERMS & CONDITIONS FOR USE OF THUMBPRINTPICTURES.COM WEB SITE
Acceptance Of Terms
The following are the terms and conditions for use of the thumbprintpictures.com Web site (the "Site"), which is owned and operated by Thumbprint Pictures, inc. ("Thumbprint Pictures"). Please read them carefully. The Site is only provided to individuals, who are at least 18 years old, and it is offered to you subject to your acceptance without modification of all of the terms, conditions, and notices contained herein (the "Terms of Use"). If you are not at least 18 years of age or if you do not agree to all of these Terms of Use, then do not access or use this Site.
BY USING ALL OR ANY PART OF THE SITE YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
User Rules and Conduct
Any unauthorized commercial use of Site content is expressly prohibited. As a condition of your use, you promise to Thumbprint Pictures that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur as a result of your use of the Site, including the content of any postings and/or transmissions to or via the Site. By way of example, and not as a limitation, you agree that you will not upload, post, submit, or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data, or other information) using any communications service, discussion group, message board, directory, survey, contest, or other interactive service that may be available to you on or through the Site, that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, profane, or which otherwise violates the Terms of Use; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information of any third party; or impersonates any person or entity, including any employee or representative of Thumbprint Pictures. You agree that you will not harvest or collect information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications, nor will you attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means.
Third-party Sites
The Site may link you to other Web sites on the Internet. These Web sites may contain information or material that some people may find inappropriate or offensive. These other Web sites are not under Thumbprint Pictures' control, and you acknowledge that Thumbprint Pictures is not responsible for the accuracy, copyright compliance, legality, appropriateness, or any other aspect of the content of such Web sites. The inclusion of any such link does not imply endorsement of the Web site by Thumbprint Pictures or any association with its operators.
Participation In Promotions Of Affiliates
Any dealings with advertisers and other vendors (collectively, "Site Affiliates") on the Site or participation in promotions, including the delivery of and the payment for goods and Sites, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the Site Affiliate or other third party. Thumbprint Pictures is not responsible or liable for any part of any such dealings or promotions.
Proprietary Rights
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Thumbprint Pictures, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. However, you may print or download one copy of the materials or content on this Site to any single computer for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Thumbprint Pictures is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Site Web site for any commercial purpose is strictly prohibited without the express prior written permission of Thumbprint Pictures. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
User's License To Thumbprint Pictures
By uploading, posting, submitting, or otherwise distributing content of any kind to the Site Web site, you grant Thumbprint Pictures and its affiliated companies and licensees the irrevocable, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, promote, and make derivative works of the content in any form, anywhere and for any purpose; represent and warrant to Thumbprint Pictures that you own or otherwise control all of the rights to such content and that public posting and use of your content by Thumbprint Pictures will not infringe or violate the rights of any third party; and acknowledge that the content will become publicly available to users of the Site.
Disclaimer Of All Warranties
The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Thumbprint Pictures and/or its respective suppliers may make improvements and/or changes in the Site at any time. Thumbprint Pictures does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Thumbprint Pictures does not represent or warrant that the use or the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely, or otherwise reliable. You specifically agree that Thumbprint Pictures will not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that Thumbprint Pictures is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any third party or any infringement of another's rights, including intellectual property rights. You specifically agree that Thumbprint Pictures is not responsible for any content sent using and/or included in the Site by any third party. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THUMBPRINT PICTURES, IT'S AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE WEB SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THUMBPRINT PICTURES, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THUMBPRINT PICTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUMBPRINT PICTURES'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Thumbprint Pictures and its affiliates, and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site. Thumbprint Pictures reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Thumbprint Pictures in asserting any available defenses.
International Use
Thumbprint Pictures makes no representation that the information, materials, or other content on this Web site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where such content is illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with local laws.
Disputes; Choice Of Law and Forum
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Thumbprint Pictures agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Web site shall be filed only in the state or federal courts located in New York, New York, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.
Severability and Integration
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Thumbprint Pictures with respect to the use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Thumbprint Pictures with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
Thumbprint Pictures may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.
Copyright and Trademark Notices
All contents of the Site are: Copyright © 2009 Thumbprint Pictures, Inc., and/or its suppliers, c/o Thumbprint Pictures, Inc., 660 Fort Washington Avenue, Suite 2E, New York, NY 10040. All rights reserved. Thumbprint Pictures and all products and services referenced herein are either trademarks or registered trademarks of Thumbprint Pictures. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
