Indian River Photo Club Inc.
WEB SITE TERMS AND CONDITIONS OF USE
THE OWNERSHIP OF THIS WEB SITE, CONTENT, AND USE OF THIS WEB SITE
This Web site is owned and operated by The Photo Club. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other United States and international laws or treaties relating to intellectual property. All images, including photographic images and related text, captions or informational materials (collectively the “Images”) are provided for viewing purposes only. The Photo Club’s Web site permits visitors to view and search for Images. You may not use the Images in any manner other than to browse and search the Images. You may not download or make any other use of any Image on this Web site.
The Photo Club monthly Newsletter and other Photo Club material and images (collectively the “Newsletter”) may be downloaded from this Web site for personal use only. Any use of Images or The Photo Club Newsletter not expressly authorized by this Agreement may violate copyright, trademark, rights of publicity or privacy or other laws.
GENERAL WEB SITE RESTRICTIONS
NO META SEARCHING OR FRAMING: You may not take the results from a Photo Club Web site search and reformat and display them, mirror or “frame” the Photo Club home page or results or other pages on your Web site. You may not link to any page of the Web site other than the home page located at [www.indianriverphotoclub.org] You may not send automated queries of any sort to the Photo Club’s Web site.
PASSWORD PROTECTION AND SECURITY
Portions of this Web site are password protected and available only to registered users (“Members”). Only Members who have received an authorized password from The Photo Club and who are using their own unique password are permitted to access these portions of the Web site (“Members Only Portions”). A condition of accessing the Members Only Portions of the Web site is that You shall not divulge, upload, rent, sell, loan or exchange your password with any other person regardless of whether such person is another Photo Club member, an employee or subcontractor engaged by You or your employer or otherwise.
If You become aware of any loss, theft or misuse of your password, You must inform The Photo Club Secretary in writing immediately, otherwise You may be liable for any loss or damage arising from such misuse. The Photo Club reserves the right to terminate your access in the event of any misuse of your password.
CONTESTS, COMPETITIONS, AND PROMOTIONS
From time to time, The Photo Club may conduct contests, competitions, or promotions on or through this Web site. Each contest, competition, or promotion may have additional terms and/or rules which will be posted or otherwise made available to You and, for purposes of each contest, competition, or promotion, will be deemed incorporated into and form a part of this Agreement.
LINKS TO THIRD PARTY SITES
The linked sites are not under The Photo Club’s control and The Photo Club is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Photo Club is not responsible for Webcasting or any other form of transmission received from any linked site. You acknowledge that The Photo Club provides the links to You only as a convenience and it does not endorse the linked sites or their use or contents.
THIS WEB SITE IS PROVIDED "AS IS." THE PHOTO CLUB” MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, ACCURACY OF CAPTIONS OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. THE PHOTO CLUB MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE PHOTO CLUB OR THE OWNER OF ANY CONTENT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS WEB SITE OR FROM YOUR ACCESS OR USE OF THE CONTENT ON THIS SITE.
COLLECTION OF YOUR PERSONAL INFORMATION: The Photo Club understands and respects your concern about the privacy of any information You supply while using The Photo Club’s Web site. When You visit this Web site, some information may be collected automatically as part of the site's operation such as your IP address and navigational information. The Photo Club shall not use your personal information in any way other than in connection with the operation of the Web site, and shall keep this information confidential unless required to do otherwise by operation of applicable law. When You request to leave a message to The Photo Club, You may be prompted to enter your name and email address. The Photo Club does not sell or rent information about its members to third parties.
SECURITY OF YOUR PERSONAL INFORMATION: The security of your personal information is important to The Photo Club. The Photo Club follows generally accepted industry standards to help protect your personal information. For instance, when You enter sensitive information on The Photo Club’s online membership form (such as a credit card number), No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while The Photo Club strives to protect your personal information, The Photo Club cannot guarantee its absolute security.
If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.
Most browsers allow You to modify your browser settings to decline cookies. If You elect to decline cookies, You may not be able to use certain features of this Web site that depend on cookies. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.
JURISDICTION AND ATTORNEY’S FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of Florida, and You agree to submit to the personal jurisdiction of such court and waive any right You might otherwise have to claim lack of personal jurisdiction or inconvenience of forum. If The Photo Club is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by You.
NO WAIVER: No action of The Photo Club, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of The Photo Club in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE PHOTO CLUB , THE PHOTO CLUB BOARD OF DIRECTORS, ANY PHOTO CLUB OFFICERS, THE WEBMASTER, THE SITE MANAGER AND STAFF, OR THE OWNER OF ANY CONTENT ON THIS SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS WEB SITE OR FROM YOUR ACCESS OR USE OF THE CONTENT ON THIS SITE.
You can contact The Photo Club by emailing firstname.lastname@example.org, or by mail to The Secretary, The Indian River Photo Club Inc., Post Office Box 1491, Vero Beach Florida 32961-1491