TERMS OF SERVICE
These Terms of Service ("Terms") constitute a legally binding agreement between you, the user, and Compact Photo ("Compact Photo," "we," "us," or "our") concerning your access to and use of the compactphoto.com website (the "Site"). By accessing, browsing, or utilizing the Site, you signify your unreserved acceptance of, and agreement to be bound by, these Terms. Should you dissent from any provision contained herein, you are expressly prohibited from using the Site and must discontinue use immediately.
1. Intellectual Property Rights 1.1. Unless otherwise explicitly stated, Compact Photo is the proprietor or the lawful licensee of all intellectual property rights subsisting in the Site and all materials, content, features, and functionality published thereon, including, but not limited to, all photographs, designs, text, graphics, logos, trademarks, service marks, and software (collectively, "Content"). These works are protected by copyright, trademark, patent, and other intellectual property laws and treaties around the world. All such rights are reserved. 1.2. No portion of the Site or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 1.3. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly for your personal, non-commercial informational purposes, subject to these Terms.
2. Acceptable Use Policy 2.1. By utilizing the Site, you covenant and warrant that you shall not: a. Engage in any activity that is unlawful, harmful, or fraudulent, or has any unlawful or fraudulent purpose or effect. b. Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). c. Intentionally transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. d. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. e. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site. f. Impersonate Compact Photo personnel or any other individual or entity, or misrepresent your affiliation with any person or entity.
3. Disclaimer of Warranties 3.1. The Site is provided on an "as-is" and "as-available" basis. Compact Photo disclaims all warranties, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 3.2. Compact Photo makes no warranty or representation regarding the accuracy, reliability, completeness, or timeliness of any content or information on the Site. Your reliance upon any information obtained via the Site is solely at your own risk.
4. Limitation of Liability 4.1. To the maximum extent permitted by applicable law, in no event shall Compact Photo, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
5. Indemnification 5.1. You agree to indemnify, defend, and hold harmless Compact Photo, its subsidiaries, affiliates, officers, agents, partners, and employees, from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with (i) your use of the Site; (ii) your breach of these Terms; or (iii) your violation of any applicable law or the rights of a third party.
6. Termination 6.1. Compact Photo reserves the right to suspend or terminate your access to the Site, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. 6.2. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Governing Law and Jurisdiction 7.1. These Terms shall be governed by and construed in accordance with the laws applicable where Compact Photo is established, without regard to its conflict of law provisions. 7.2. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts having jurisdiction where Compact Photo is established, and you hereby consent to the personal jurisdiction and venue therein.
8. Modifications to These Terms 8.1. Compact Photo reserves the right, at its sole discretion, to revise or update these Terms at any time. We will indicate the "Last Updated" date at the top of these Terms. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. It is your responsibility to periodically review these Terms for any modifications.
9. Contact Information 9.1. For any questions or concerns pertaining to these Terms, please contact us at: [email protected].
Last Updated: October 26, 2023