IMPORTANT! PLEASE READ THESE TERMS OF USE
(THE "TERMS") CAREFULLY BEFORE USING STORE.VANGOGHPHOTO.COM (THE "WEB SITE"),
AS IT AFFECTS AND GOVERNS YOUR USE OF THIS WEB SITE, ANY PRODUCTS OR SERVICES
ORDERED VIA THIS WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to
these Terms by accessing or using this Web Site, registering for services or
ordering products via the Web Site, or by accepting, uploading, submitting or
downloading any information or content from or to the Web Site. IF YOU DO
NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. You
agree to comply with all rules, laws and regulations that are applicable to
your use of the Web Site, including, without limitation, those governing your
transmission or use of any software or data. The Web Site is owned and
operated by Van Gogh School Photographers, Inc. ("Company," "us" or "we").
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend any portion of the Web Site
at any time, without notice. We reserve the right, in our sole discretion, to
modify, alter, or otherwise change these Terms and will post any new or revised
terms on the Web Site.
USER ACCOUNTS
Certain areas of the Web Site may ask you to create an account or may otherwise
ask you to provide information to participate in certain features, purchase
products or to access certain content. The Web Site's practices governing your
personal information are disclosed in its PRIVACY
POLICY. If you choose to provide information to the Web Site,
you agree to provide only true, accurate, current and complete information. If
you create an account, you agree to accept responsibility for all activities
that occur under your account or password, if any, and agree you will not sell,
transfer or assign your account. You are responsible for maintaining the
confidentiality of your password, if any, and for restricting access to your
computer so that others may not access any password protected portion of the
Web Site using your name, user name or password in whole or in part.
FEES, AUTHORIZATIONS & REFUNDS
For certain products and services offered
via the Web Site, Company may charge a fee and shipping and handling in
exchange for the goods or services ordered by you and you agree to pay the
applicable fees and charges and authorize Company and its authorized agents to
process all charges incurred by you. The fees charged by Company will be
disclosed on the ordering pages for the applicable products and services.
You acknowledge and agree that you are solely responsible for all payments in
connection with your purchase of the products and/or services and that
appropriate state and local sales tax will be applied to all orders.
Any request for refunds must be submitted to
Company within sixty (30) days of product delivery and refunds will or will not
be granted in Company's sole discretion. Company reserves the right to
refuse to accept or fulfill any of your orders, including, without limitation
for your failure to comply with these Terms.
INFORMATION (INCLUDING PHOTOGRAPHS) YOU SUBMIT
Forums, message boards, chat rooms, online
diaries, social networking areas, or other interactive areas on the Web Site ("User
Forums") are provided, if at all, to give users a forum to express their
opinions and share their ideas and information. Through User Forums,
users may be able to upload information, data, software, messages, suggestions,
photographs, audio, video, text, and other materials to the Web Site ("Your
Materials"). Company does not endorse the content, including, without
limitation, any Upload Information posted in User Forums or otherwise on the
Web Site. Company reserves the right, but is not obligated, to delete, move or
edit Your Materials in whole or in part, submitted by you to a User Forum for
any reason in Company's sole discretion Company reserves the right to
suspend or terminate your access to the Web Site and pursue all legal remedies
if we believe Your Materials infringe another's copyright or otherwise violates
any law, rule or regulation.
Your Materials are your sole responsibility.
This means that you, and not Company, are entirely responsible for all Your
Materials that you upload, post, e-mail, transmit or otherwise make available
via the Web Site. If you post personal information in User Forums or on other
publicly available areas of the Web Site then you may receive unsolicited
communications or messages from third parties. Company cannot ensure the
security of any information you post on the Web Site. Under no circumstances
will we be liable in any way for any of Your Materials including, but not
limited to, any errors or omissions in Your Materials, or for any loss or
damage of any kind incurred as a result of Your Materials. You represent that
Your Materials are an original work by you or you have all necessary rights in
it to submit it to Company under the terms of these Terms; that it is not
defamatory; and that it does not infringe upon, misappropriate or violate the
rights of any third parties, including, without limitation, any intellectual
property rights, rights of publicity or privacy or any other proprietary rights
or otherwise violate any law, rule or regulation. You further agree that
you are solely liable for any and call costs, claims, demands, investigations,
liabilities, losses, damages, judgments, settlements, costs and expenses,
including attorneys' fees, connected to or arising from your breach of any
representation or warranty, or other violation of the terms of these
Terms.
Except as otherwise expressly described in
our PRIVACY POLICYor
on the Web Site, Your Materials will be treated as non-confidential and
non-proprietary and we will not be liable for any use or disclosure to anyone,
including but not limited to claimed intellectual property owners. When
you upload Your Materials via the Web Site, you automatically and irrevocably
grant to Company and its partners a non-exclusive, worldwide, royalty-free
license to use and display Your Materials for the purposes of fulfilling your
orders and to offer and fulfill any of the other services available via this
Web Site. You agree and understand that Company is not obligated to use
Your Materials, and may alternatively choose to discard, limit or block access
to Your Materials without any liability whatsoever.
You acknowledge that the Web Site undertakes
no obligation to pre-screen Your Materials, but that it has the right, in its
sole discretion to modify, transmit over various networks, refuse, move, block
access to, or remove any of Your Materials. You agree that you must evaluate,
and bear all risks associated with, the use of any of Your Materials including,
without limitation, any reliance on the accuracy, completeness, or usefulness
of Your Materials. Since Company may not pre-screen user generated content, you
may bear legal responsibility for others' exposure to any offensive, indecent,
or objectionable content in Your Materials.
RESTRICTIONS ON USE
You represent warrant and agree not to do any of the following while using the
Web Site:
use any financial or other information that does not belong to you.
harass, stalk, sexually exploit, violently exploit, act violently
toward or otherwise abuse another user;
upload, post, e-mail, transmit, display, distribute, promote or
otherwise make available (collectively, "Transmit") any material
that is false, harmful, threatening, abusive, tortuous, defamatory,
libelous, disparaging (including disparaging of Company), anything that
adversely affects Company business such as discouraging any person or
entity from advertising with, linking to or supplying Company, vulgar,
obscene, pornographic or that promotes violence, racial hatred, terrorism
or illegal acts, or is otherwise objectionable (as determined by Company
in its sole discretion);
Transmit any content, information, or software that is unlawful,
plagiarizes, or infringes, violates or misappropriates any patent,
trademark, trade identity right, trade secret, publicity right, privacy
right, copyright (including, without limitation, offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial registration
numbers for software programs, or any type of cracker utilities), or any
other intellectual property, proprietary right or any other rights of any
third party;
Transmit material of any kind that contains viruses, Trojan horses,
time bombs, worms, spyware, bots, any automated use of the system, such as
scripts, or other harmful, disruptive or destructive files or post
material that interferes with any third party's uninterrupted use and
enjoyment of the Web Site, interferes with or disrupts the Web Site or
servers or networks connected to the Web Site or disobeys any
requirements, procedures, policies or regulations of networks connected to
the Web Site;
impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity, or otherwise
disguise the origin of any content transmitted through the Web Site
or to Company, including forging or manipulating any TCP/IP packet header
or any part of the header information in any transmission to the Web Site
for any reason;
Transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes,
requests for money, petitions for signature, or any other form of
solicitation or offer for sale of any products or services, except in
areas specifically designated for such purposes;
encourage, promote, solicit or commit conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, federal or international law, rule or regulation
or otherwise make available any material that exploits or harms any
individual, corporation or other entity;
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Web Site are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges; or
solicit or collect personal data including, without limitation,
telephone numbers, addresses, last names or email addresses, about other
users.
You are solely responsible for your
interaction with other users of this Web Site, whether online or offline.
We are not responsible or liable for the conduct of any user. We reserve the
right, but have no obligation, to monitor or become involved in disputes
between you and other users.
OWNERSHIP OF CONTENTS/LICENSE
This Web Site and all of its past, current and future content, such as
articles, opinions, other text, directories, guides, photographs,
illustrations, designs, compilations, images, video and audio clips and
advertising copy, as well as the trademarks, logos, domain names, trade names,
service marks, trade identities, any and all copyrightable material (including
source and object code), and all other materials related to the "look and feel"
of the Web Site, and any other form of intellectual property
(collectively, the "Content") is owned by or licensed to Company or other
authorized third parties and is protected as intellectual property or
otherwise. Except as expressly set forth in these Terms or expressly granted to
you in writing by Company, no rights (either by implication, estoppel or
otherwise) are granted to you. You may only use the Content as expressly set
forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING,
DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF
THE CONTENT IS STRICTLY PROHIBITED.
You may not, nor may you allow or aid or abet any third party (whether or not
for your benefit) to copy or adapt any code that comprises the Web Site's
software, HTML, JavaScript or other script, or otherwise reverse engineer,
decompile, reverse assemble, modify or attempt to discover any source code used
to generate the Web Site or any software or other products or processes
accessible through the Web site, nor insert any code or product to manipulate
the Content in any way that affects any user's experience. Unless otherwise
expressly authorized in these Terms or on the Web Site, you further agree that
you will not, in whole or in part, modify, reproduce, archive, transfer by any
means, create derivative works from, publish in any form, online or offline,
disseminate, or circulate to any third-party, or otherwise use the Content in
any way for any public or commercial purpose.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Company's copyright agent the following
information required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. & 512: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; (c) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit us to locate the
material; (d) information reasonably sufficient to permit us to contact the
complaining party; (e) a statement that the complaining party has a good-faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Company's copyright agent for notice of
claims of copyright infringement on or regarding the Web Sites can be reached
as follows:
By mail:
Attn: Jack Zucco, Copyright Agent
401 Cornell Avenue Barrington, Illinois60010
VAN GOGH SCHOOL PHOTOGRAPHERS, INC.
P. (847) 382-2282
F. (847) 382-0642
By email:
VAN GOGH SCHOOL PHOTOGRAPHERS,
INC.
support@vangoghphoto.com
We have a policy of terminating
the accounts of users who (in our reasonable discretion) are repeat infringers.
DISCLAIMERS/LIMITATIONS ON LIABILITY
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS
PROVIDED "AS IS,""AS AVAILABLE," AND "WITH ALL FAULTS". TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE
WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE;
(C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE
MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR
SERVICES OFFERED VIA THE WEB SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE.
COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR
ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS
WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR
ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND,
IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND
THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK,
AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY
JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER,
COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES.
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE, AND TITLE.
NEITHER COMPANY NOR ITS THE DIRECTORS,
OFFICERS, EMPLOYEES, NOR OTHER REPRESENTATIVES OF COMPANY WILL BE LIABLE FOR
THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY
ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS
ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO
ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE OR OTHER EQUIPMENT OR
TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR
FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY
OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES WILL COMPANY OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR
OTHER REPRESENTATIVES OF COMPANY (COLLECTIVELY, THE "COMPANY ENTITIES"),
BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO : (1) THIS WEB SITE AND ITS CONTENT OR YOUR MATERIALS; (2) ANY
PRODUCTS OR SERVICES ORDERED BY YOU; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE
OF THE WEB SITE (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR
CONTENT; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (6) ANY
ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMATTION,
WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELEVOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO
EVENT WILL COMPANY ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY
OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY
ENTITIES AND INDIVDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF
ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). YOUR
ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE
DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company Entities from and
against any actual or alleged claims, demands, causes of action, judgments,
damages, losses, liabilities, and all costs and expenses of defense (including,
without limitation, reasonable attorneys' and other legal fees and costs)
arising out of or relating to: (1) your use of the Web Site;(2) your violation
of these Terms or any law, rule or regulation; (3) your use of the Content; or
(4) or any Your Materials. You will cooperate as fully and reasonably as
required by Company in the defense of any claim. Company reserves the right to
assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without
the prior written consent of Company.
THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide hyperlinks to third-party web sites ("Third Party
Sites"), and certain areas of the Web Site may allow you to conduct
transactions or purchase goods or services from or through a third-party.
Third-parties and Third-Party Sites may have different privacy policies, terms
and conditions and business practices than we do. Your dealings or
communications through the Web Site with any party other than Company are
solely between you and that third party. We do not endorse, verify, make any
representations, or take responsibility for the content, truthfulness,
accuracy, quality or completeness of the content or activities conducted on any
Third Party Sites. Any complaints, concerns or questions you may have relating
to materials provided by third parties should be forwarded directly to the
third party.
YOU AGREE THAT COMPANY WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS,
SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR
COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE
ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the Web Site to any product, process, publication or service of
any third party by trade name, domain name, trademark, trade identity, service
mark, trade identity, logo, manufacturer or otherwise does not constitute or
imply its endorsement or recommendation by Company. Users are requested to
inform Company of any errors or inappropriate material found on Third Party
Sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page, and the link
must be in plain text, unless otherwise pre-approved in writing by Company. The
link to this Web Site must not damage, dilute or tarnish the goodwill
associated with any Company names or any other Company intellectual property,
nor may the link create the false appearance that your web site or organization
is sponsored, endorsed by, affiliated or associated with Company. You may not "frame"
or create a border around this Web Site or alter its intellectual property or
Content in any way. You may not link to the Web Site from a site that is
unlawful, abusive, indecent or obscene, that promotes violence or illegal acts,
that contains expressions of racism, that is libelous, defamatory, scandalous,
or inflammatory or is other inappropriate (in Company's sole discretion).
Company reserves the right, in its sole discretion, to terminate a link with
any web site that it deems inappropriate or inconsistent with this Web Site or
these Terms.
LOCATION, JURISDICTION & VENUE
Company operates this Web Site in the United
States.
Information contained on this Web Site may not be appropriate or available for
use in other locations, and access to this Web Site where the content of the
Web Site may be illegal is prohibited. If you access this Web Site from other
locations, you do so, on your own initiative and you are solely responsible for
compliance with applicable laws. These Terms will be construed and enforced in
accordance with the laws of the State of Illinois, without regard to its
conflicts of law principles, and specifically will not be governed by the
United Nations Conventions on Contracts for the International Sale of Goods, if
otherwise applicable. Any cause of action filed by you with respect to the
Terms or your use of this Web Site must be filed in CookCounty,
Chicago,
Illinois
within ninety (90) days after the occurrence of the facts giving rise to the
cause of action; otherwise the cause will be forever barred. You hereby consent
and submit to the exclusive jurisdiction and venue of the courts located in
Cook County, Chicago, Illinois for any cause of action arising under these
Terms or related to the Web Site.
TERMINATION
You understand and agree that Company will determine your compliance with these
Terms in its sole discretion. Company reserves the right to deny access to all
or part of the Web Site to any person in its sole discretion. Any violation of
these Terms may be referred to law enforcement authorities. Upon termination of
your user account or access to the Web Site, or upon demand by Company, you
must destroy all materials obtained from this Web Site and all related
documentation.
MISCELLANEOUS
You agree that these Terms will not be construed against Company by virtue of
having drafted these Terms. If any provision of these Terms is found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions of these
Terms, which will remain in full force and effect. No waiver of any of these
Terms will be of any force or effect unless made in writing and signed by a
duly authorized officer of Company. The section titles in these Terms are for
your convenience only and do not have any legal or contractual effect.
CONTACT US / EFFECTIVE DATE
If you have any questions, comments or concerns about our Web Site or these
Terms of Use, you may contact: valerie@vangoghphoto.com. These
Terms were last updated on October 26 2007.
