PHOTAVIA® LEGAL TERMS AND CONDITIONS
Welcome to the PHOTAVIA Internet Site. This Internet Site is made up of various Web pages and is owned and operated by Photavia, LLC. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE. Both use of this Internet Site and sale of products or services presented in or offered under or through this Internet Site are subject to the legal terms and conditions outlined below (the “Terms and Conditions”).
Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. PHOTAVIA reserves the right to modify or amend the Terms and Conditions at any time without prior notice to you. Your continued use of this Internet Site signifies your acceptance of such revised Terms and Conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may copy electronically or print hard copies of any WEB PAGES from the Internet Site provided that such copying or printing is for your personal and lawful use, and provided such copies clearly display the copyright, trademark and any other proprietary notices of PHOTAVIA. Except when the express written authorization of PHOTAVIA is given, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information from this Internet Site. PHOTAVIA reserves its title and intellectual property rights in any material that you may copy electronically or print from this Internet Site.
PROHIBITED OR UNLAWFUL USE
You warrant to PHOTAVIA that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.
All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text data and software (collectively “Content”) and the presentation, arrangement, coordination, enhancement and selection are subject to intellectual property rights held by PHOTAVIA. All such rights are expressly reserved.
BUSINESS OPPORTUNITY AREAS
This Internet Site enables you to submit user-generated content. If you supply content, you grant PHOTAVIA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display what you have written throughout the world in any media. You also grant PHOTAVIA the right to use the name you submit with your feedback. You also allow PHOTAVIA TO GROUP CONTENT SUBMITTED WITHIN THE SAME ACCOUNT IN A USER PROFILE.
DISCLAIMER PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHOTAVIA DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY INTERNET SITE LINKED TO THIS INTERNET SITE. Without limiting the forgoing, you acknowledge that PHOTAVIA represent or warrant that this Internet Site will be accessible without interruption or that thus Internet Site or the server that makes this Internet Site available are free from errors, defects, design flaws, viruses or other harmful components.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOTAVIA , ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR OTHER LEGAL CLAIM TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE THIS INTERNET SITE OR ANY CONTENT ON THIS SITE. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.).
You shall indemnify and save harmless PHOTAVIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES from and against any claim, cause of action or demand, including but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site. In order to participate in this Internet Site you must be the age of majority in your state of residence. PHOTAVIA may, in its sole discretion and without liability, restrict or terminate your access to any part of this Internet Site at any time.
ERRORS, INACCURACIES OR OMISSIONS
PHOTAVIA makes every effort to ensure that the content on this Internet Site is complete and current. However, PHOTAVIA does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. PHOTAVIA reserves the right to correct any error, inaccuracy or omission or to cancel any transaction containing any error, inaccuracy or omission without prior notice to you.
PHOTAVIA is committed to respecting your privacy through the protection of personal information you provide. Before collecting your personal information, or at the time of collection, we will explain the purpose of our collecting the information and obtain your consent. Our collection will be limited to what is reasonable under the circumstances and your information will only be used for the purpose or purposes for which it was collected. Your personal information is kept confidential and secure and is not disclosed to anyone outside of our company and selected affiliates, service providers or business partners without your consent or as required by law. You have the right to access your personal information and to correct any inaccuracies.
If shipping or delivery services are made available by PHOTAVIA, PHOTAVIA will endeavor to deliver any ordered product as quickly as possible. However, you acknowledge and agree that PHOTAVIA will not be held responsible for any delays in shipping or delivery.
LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT
This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by PHOTAVIA of such Sites and you should review the terms and conditions and other policies of such Sites.
Any controversy arising under the Terms and Conditions or the use of this Internet Site shall be governed by the laws of Wisconsin and brought before the Milwaukee County, Wisconsin, courts.