Shutterlife.com User Agreement
This User Agreement (“User Agreement”) is legal contract between you and KEH, Inc. ("us" or "our" or "we" or “KEH Camera”) and governs your use the shutterlife.com website (the “Website”), the services we offer through the Website (“Services”), and all of all the text, data, information, graphics, videos, photographs and other materials (all of which are referred to as “Materials”) that we may make available to you through the Website and Services (the Website and Services are referred to collectively herein as the “Shutterlife Service”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR OTHERWISE USING THE SHUTTERLIFE SERVICE. USING ANY PART OF THE SHUTTERLIFE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SHUTTERLIFE SERVICE IF YOU DO NOT ACCEPT THESE TERMS.
This User Agreement was last updated in March, 2018.
General Use and Membership Eligibility
We invite you to use the Shutterlife Service for individual, non-commercial purposes ("Permitted Purposes"). By using the Shutterlife Service, you promise that you are at least 13 years of age. If you are not yet 18 years old, you must have the permission of an adult to use the Shutterlife Service and agree to this User Agreement, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Shutterlife Service.
You need not register with us to simply visit and view the Website (such visitors are referred to herein as “Users”), however, you must establish a membership account with us (a “Membership Account”) and become a member of the Shutterlife Service (each a “Member”) if you wish to access certain password protected features of the Shutterlife Service. If you are not a Member of the Shutterlife Service, you may not be permitted to access/use certain content, materials, or features available on the Shutterlife Service or the services or products discussed, referenced, provided or offered through or on the Shutterlife Service (such available content, materials features, services or products are the “Available Features”). The Shutterlife Service may offer different levels of membership (“Membership Levels”). Access/use of certain content, materials or features is permitted or restricted based on a Member’s Membership Level. In no event shall any User who is not a Member of the Shutterlife Service access or attempt to access the restricted features of such Shutterlife Service.
The Shutterlife Service is available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Access to and use of the Shutterlife Service and Available Features may be inappropriate, prohibited, or restricted in countries outside the United States. We make no warranty or representations that the Shutterlife Service and/or any Available Features are appropriate or available for use or sale outside of the USA. If you access/use the Shutterlife Service or the Available Features from outside the USA, you do so at your own risk, and are responsible for complying with the laws and regulations of the territory from which you access/use the Shutterlife Service or the Available Features, including, without limitation, all laws and regulations applicable to the sale, purchase or trade of Items.
When you register for a Membership Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member of our Shutterlife Service, you are responsible for keeping your password and Membership Account information confidential. You agree that you will not provide anyone your Membership Account log-in information. You are responsible for all activities that occur under your Membership Account. If you suspect someone is accessing or using your Membership Account or if you need to change your password or Membership Account information, you must notify us as soon as possible using the contact information set forth below in the "Contact Us" Section and log-in to your account to make the necessary changes. We reserve the right to terminate or suspend your Membership Account at any time for any or no reason. Therefore, you should keep copies and records of any content you may wish to access if your Membership Account is terminated.
Registration in Own Name
Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. KEH Camera prosecutes fraud to the fullest extent of the law.
We use many techniques to verify the accuracy of the information our Users provide us when they register for a Membership Account. However, KEH Camera does not and has no obligation to confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing.
Interactions with Other Members and Users
Interaction between users
You are solely responsible for all interactions with other users and expressly acknowledge and agree that KEH Camera does not have any control over any user’s authenticity, integrity, abilities or responsivities. You agree to hold KEH Camera and its officers, directors, agents, investors, and employees harmless for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with your use of the Shutterlife Service.
No agency or partnership
No agency, partnership, joint venture, or employment is created as a result of this User Agreement or your use of any part of the Shutterlife Service. KEH Camera does not serve as an employer of any user of the Shutterlife Service and you do not have any authority whatsoever to bind us in any respect.
Disputes between users
Your interactions with individuals and/or organizations found on or through the use of the Shutterlife Service are solely between you and such individuals or organizations. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline communication or transaction with any third party.
You understand that deciding whether to use information obtained through your use of the Shutterlife Service is your personal decision for which you alone are responsible. You understand that we do not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Shutterlife Service and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
IF THERE IS A DISPUTE BETWEEN OR AMONG USERS/MEMBERS OF THE SHUTTERLIFE SERVICE, OR BETWEEN ANY USER/MEMBER OF THE SHUTTERLIFE SERVICE AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SHUTTERLIFE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Changes to the User Agreement
We reserve the right, in our sole discretion, to revise, change, or modify (cumulatively “Revisions”) this User Agreement at any time upon advance notice to you. We may notify you of such Revisions to this User Agreement in any manner we chose that complies with law, including, but not limited to by posting a notice of such changes on the Website. Your continued use of the Shutterlife Service following our notice to you of Revisions to this User Agreement signifies your agreement to be bound by the revised User Agreement.
Content/Information You Provide
You are entirely responsible for any content that you provide to or otherwise make available on or through the Shutterlife Service and Available Features (such content the “Submitted Content”). By posting providing Submitted Content to the WebsiteShutterlife Service, you thereby grant us KEH Camera a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute, and otherwise use such Submitted Content (with appropriate attribution to you when applicable) for purposes of providing the Shutterlife Service (“Submitted Content License”). You acknowledge and agree that your Submitted Content shall not be considered confidential information. Therefore, do not send to us or post on our Website the Shutterlife Service any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect compensation.
When uploading Submitted Content to the Shutterlife Service, you retain your ownership rights in such Submitted Content. The Submitted Content License granted to KEH Camera upon upload of your Submitted Content will exist for the period during which you make the Submitted Content available on the Shutterlife Service and will automatically terminate upon your removal of the Submitted Content from the Shutterlife Service. The license granted to KEH Camera includes the right to use your uploaded Submitted Content fully or partially for promotional reasons and to distribute Submitted Content to other parties, website, authorized agents, applications, and other entities, provided such Content is attributed in accordance with the credits (i.e. username, profile picture, photo title, descriptions, and other accompanying information), if any, and as appropriate.
By posting Submitted Content to the Shutterlife Service, you represent and warrant (i) you own all right, title, and interest in and to the Submitted Content, or you have the necessary approvals and permissions to grant us the Submitted Content License described above, (ii) the Submitted Content, and the exercise by us of our rights under the Submitted Content License in relation to such Submitted Content, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy, and contract rights of others and (ii) Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under this User Agreement.
KEH Camera may make message boards, catalogs, opinion forums, blogs, or other interactive communication facilities available to Users and Members of the Shutterlife Service. KEH Camera cannot, and has no obligation to, review all communications made on or through the Shutterlife Service. However, KEH Camera reserves the right to monitor the forums and edit, modify or delete any materials which KEH Camera in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any KEH Camera policy, either written or unwritten. You agree not to use the Shutterlife Service for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.
In addition, Submitted Content shall not, nor shall Submitted Content provide a link or reference to content that:
- misrepresent(s) you or any third party’s identity, affiliation, or connection with a person or entity;
- imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
- contain(s) any false, misleading, deceptive, sexually suggestive, abusive, or harassing content;
- promote(s) hatred, racism, bigotry, physical violence, or emotional abuse against any individual or group;
- is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
- contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content;
- contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots, and other unauthorized computer programming routines; or contain(s) advertising or solicitation of any kind
We do not guarantee that Submitted Content will not be lost or damaged or that you will be able to retrieve Submitted Content. We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, at our sole discretion. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any Submitted Content you post or store on the Shutterlife Service or otherwise provide to KEH Camera.
Ownership and Permitted Use of Content
We, our licensors, or other third parties, own all content appearing or available on or otherwise making up the Shutterlife Service (“Content”), including, but not limited to, all text, Available Features, trademarks, service marks, trade names, logos, icons, domain names, written material, downloadable material, artwork, computer code, look and feel, trade dress, technical information and advertisements. Such Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by its owner.
Unless otherwise set forth in relation to particular Content, you may view the Content solely as presented on the Shutterlife Service and solely for your own personal . You may not otherwise publish, resend, disclose, post on any website or otherwise disseminate the Content (other than your own Submitted Content) to any third party. Under no circumstances shall you use any Content except as provided in the previous sentence unless you obtain KEH Camera’s or the applicable Content owner’s express prior written permission.
You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark, and other intellectual property notices.
All rights in and to the Content not expressly granted in this User Agreement are retained by KEH Camera and its licensors. We reserve the right, at any time and in our sole discretion, to remove any Content from the Shutterlife Service without notice.
Third Party Content
We do not independently review or verify all Content appearing on or accessed through the Shutterlife Service that has been provided by third parties (“Content Providers”) and we do not guarantee or warrant that any or all such Content is accurate, complete, truthful, or non-objectionable. You should independently verify all Content and not rely on the accuracy or completeness of any Content.
We do not endorse any Content provided by Content Providers.
You should exercise extreme discretion and skepticism when evaluating Content and interacting with individuals on the Shutterlife Service as Users and Members (i) remain largely anonymous when using the Shutterlife Service, (ii) may be other than who or what they claim to be, and (iii) may have dishonest, deceitful, or harmful intentions. You should not, except as specifically requested by us when you register for a Membership Account or when you purchase products or services through the Shutterlife Service, provide your or any other individual’s name, street address, telephone numbers, financial information, email addresses, or other sensitive or personal information.
Intellectual Property Infringement
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Content that violates the intellectual property rights of others, suspending access to the Shutterlife Service (or any portion thereof) to any user who uses any part of it in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Shutterlife Service in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by an the Shutterlife Service user, please provide written notice to our agent for notice of claims of infringement:
Attn: ____ DMCA Agent
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Shutterlife Service who is the subject of repeated DMCA or other infringement notifications.
Participating in the Shutterlife Community
At all times while visiting the Website and participating in, accessing, and using the Shutterlife Service, you must conduct yourself in a polite, courteous, and respectful manner, comply in all respects with this User Agreement and with all applicable laws, rules and regulations and supply truthful and non-misleading information.
For example, you may not, while using the Shutterlife Service:
- contact users about transacting in any way (buying or selling photos and / or photography equipment) or respond to another user's request to do so;
- request, or otherwise attempt to harvest, obtain or store, personal information, passwords, Membership Account information or any other type of information relating to other Users;
- access or use another person’s Membership Account;
- disguise the origin of Submitted Content;
- alter, modify, frame, or “mirror” any Content;
- use any data mining, robots, scraper, or similar data-gathering and extraction tools;
- inhibit, disrupt, or otherwise prevent anyone from using or accessing the Shutterlife Service or interrupt any User’s or Member’s experience on the Shutterlife Service, including, but not limited to, acting in any manner that disrupts Users’ or Members’ real-time exchanges or hacking or defacing any portion of the Website;
- interfere with or disrupt the Shutterlife Service, or servers or network connections to the Shutterlife Service,
- disobey any requirements, procedures, policies or regulations of networks connected to the Shutterlife Service;
- modify, adapt, sublicense, translate, sell, reverse engineer, de-compile or disassemble any portion of the Shutterlife Service;
- attempt to gain unauthorized access to the Shutterlife Service (or any portion thereof), any Available Feature, any other systems or networks connected to the Shutterlife Service or any server related thereto;
- use the Shutterlife Service to intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- use the Shutterlife Service to violate any third party rights, including, without limitation, intellectual property rights;
- and provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to applicable law.
Without limiting other remedies, we may limit, suspend, or terminate our service and Membership Accounts, prohibit access to the Shutterlife Service, delay or remove hosted content, and take other technical and legal steps to block access to the Shutterlife Service if we think that a User or Member is creating problems or possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for over 6 months, or to modify or discontinue the Shutterlife Service or any of its features.
In order to use certain Available Features you may be required to download/obtain certain software and particular compatible devices. Furthermore, you are responsible for maintaining your Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. You acknowledge and agree that (i) your ability to use Available Features will depend on (among other things) the speed of your Internet access and the hardware and software you are using to access the Available Features (including whether you have obtained the upgrades and updates that are available for such hardware and software) (ii) we may, at any time, and in our sole discretion, discontinue/change the Available Features and the requirements (type of Internet access, hardware, software, etc.) relating to the Available Features. We do not guarantee or warrant that you will have access, at any time, to the Shutterlife Service or any Available Features.
General Practices Regarding Use and Storage
KEH Camera reserves the right to establish general practices and limits concerning use of, and storage space on, our servers.
The Shutterlife Service may provide links to third party websites or other resources sponsored by third parties (such third party sites and resources are known as “Linked Websites”). Your access to and use of Linked Websites is at your own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. We do not endorse or provide warranties of any kind as to any Linked Websites (and any Websites to which they link). You must review and follow the policies and terms and conditions associated with Linked Websites. YOU AGREE THAT KEH CAMERA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY LINKED WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Disclaimer of Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SHUTTERLIFE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE SHUTTERLIFE SERVICE. ALL ITEMS SOLD OR PURCHASED AS A RESULT OF YOUR USE OF THE SHUTTERLIFE SERVICE AND ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE SHUTTERLIFE SERVICE, SHALL BE SO SOLD, PURCHASED AND OBTAINED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM ANY USE OF THE SHUTTERLIFE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SHUTTERLIFE SERVICE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
WITHOUT LIMITATION TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SHUTTERLIFE SERVICE; (B) THE SHUTTERLIFE SERVICE OR CONTENT WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE SHUTTERLIFE SERVICE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE SHUTTERLIFE SERVICE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; OR (F) ANY PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE SHUTTERLIFE SERVICE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION.
YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFACTION WITH THE SHUTTERLIFE SERVICE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE SHUTTERLIFE SERVICE OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED.
Limitation of Liability
NEITHER KEH CAMERA NOR ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, OR EMPLOYEES SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SHUTERLIFE SERVICE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SHUTTERLIFE SERVICE. IN NO EVENT SHALL KEH CAMERA BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE OR OTHER SIMILAR FEES PAID BY YOU TO US IN THE PRECEDING THREE MONTH PERIOD FOR ACCESS TO THE SHUTTERLIFE SERVICE, BUT IN NO EVENT SHALL KEH CAMERA’S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. 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. If you are a New Jersey resident, this limitation of liability section is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.
ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE SHUTTERLIFE SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS AND MEMBERS OF THE SHUTTERLIFE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND MEMBERS OF THE SHUTTERLIFE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS OF THE SHUTTERLIFE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SHUTTERLIFE SERVICE, INCLUDING, BUT NOT LIMITED TO, BUSINESSES AND PROFESSIONALS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OF THE SHUTTERLIFE SERVICE AND ALL OTHER THIRD PARTIES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KEH CAMERA AND KEH CAMERA’S AFFILIATES, OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE SHUTTERLIFE SERVICE OR YOUR VIOLATION OF THIS USER AGREEMENT. IF YOU ARE A NEW JERSEY RESIDENT, THIS INDEMNIFICATION SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY
You and KEH Camera are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Reporting Violations of this User Agreement
If you became aware of activities or Content that violates this User Agreement you should notify us immediately as set forth in the “Contact Us” Section. Although we do not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner.
We may, in our sole discretion, at any time and without prior notice, terminate your use of the Shutterlife Service or terminate your rights under this User Agreement for any or no reason. In our sole discretion, and at any time, we may also cease providing the Shutterlife Service or any part thereof, with or without notice. We shall not be liable to you or any third party for any of the foregoing. The following Sections shall survive the expiration or termination of this User Agreement: “Interactions with Other Members and Users,” “Content/Information You Provide,” “Ownership and Permitted Use of Content,” “Disclaimer of Warranty,” “Limitation of Liability,” “Indemnity,” “Termination,” ”Notices,” and “Other.”
Except as explicitly stated otherwise, any notices shall be given by postal mail to KEH Camera Attn: Legal Department (in the case of KEH Camera) or to the email address you provide to KEH Camera during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to KEH Camera during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
By using Shutterlife Service, you consent to receiving electronic communications from us, including via e-mail. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Shutterlife Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should be aware that your carrier may charge you standard text messaging rates for each message sent or received.
In the event a dispute arises between you and KEH Camera, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and KEH Camera agree that any claim or controversy at law or equity that arises out of this User Agreement or the Shutterlife Service, or Content ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
To the fullest extent permitted by law, this User Agreement and any Claim or dispute arising out of or relating to this User Agreement, including, but not limited to, the Shutterlife Service, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to this User Agreement, including but not limited to the Shutterlife Service, shall be subject to the exclusive jurisdiction of state or federal courts located in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Shutterlife Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
You may not use the Shutterlife Service or any Content in violation of any applicable laws or regulations including without limitation United States export laws and regulations.
You shall not, directly or indirectly, in whole or in part, whether by operation of law or otherwise, assign or transfer this User Agreement, without KEH Camera’s prior written consent. KEH Camera or its successors may assign this User Agreement, in whole or in part, and any of its rights and obligations hereunder, in its or their sole discretion.
If any provision of this User Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, which shall still remain in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. This User Agreement constitutes the entire agreement between you and KEH Camera relating to your use of the Shutterlife Service, superseding any other agreement between you and KEH Camera with respect to the subject matter of this User Agreement. Section headings in this User Agreement are for convenience only and have no legal or contractual effect.
KEH Camera is located at 4900 Highlands Pkwy SE, Smyrna, GA 30082.