1. ACCEPTANCE OF TERMS
The American Photographers List web site provides a listing of Photographers, a collection of works by them, their contact and
biographical information, a listing of events in the Photography Scene,
classified announcements, educational and other opportunities (referred to
hereafter as "the List") subject to the following Terms of Use
("Terms").
By using the List in any way, you are agreeing to comply with these
Terms. In addition, when using the List, you agree to abide by any
applicable posted guidelines for the List, which may change from time to
time.
Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become
dissatisfied with the List in any way, your only recourse is to
immediately discontinue use of the List.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself informed of any changes.
3. CONTENT
All photographs, images, artworks, files, text, postings, messages, or
other materials ("Content") posted on, or linked from the List, are the
sole responsibility of the person from whom such Content originated.
You are entirely responsible for all Content that you post, email or
otherwise make available via the List. The List does not control, and is
not responsible for Content made available through the List.
By using the List, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the web site and Content available through the List may
contain links to other websites, which are completely independent of
the List.
The
List makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site.
Your linking to any other websites is at your own risk. You agree that
you must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no
circumstances will the List be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the List. You
acknowledge that the List does not pre-screen or approve Content, but that
the List shall have the right (but not the obligation) in its sole
discretion to refuse, delete or move any Content that is available via
the List, for violating the letter or spirit of the Terms or for any
other reason.
4. THIRD PARTY CONTENT, WEB SITES, AND SERVICES
The List web site and Content available through the List may contain
features and functionalities that may link you or provide you with
access to third party content which is completely independent of the List,
including web sites, directories, servers, networks, information and
databases, applications, software, programs, products or other listings,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or
through the List, including payment and delivery of goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third parties.
You agree that the List shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there
is a dispute between participants on this site, or between users and any
third party, you understand and agree that the List is under no obligation
to become involved. In the event that you have a dispute with one or
more other users, you hereby release the List, its officers, employees,
agents and successors in rights from claims, demands and damages (actual
and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our services.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify the List's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
support@telegnosis.com
Please provide our Agent with the following Notice:
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Identify the material on the List site that you claim is infringing,
with enough detail so that we may locate it on the website;
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A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
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A statement by you declaring under penalty of perjury that (1) the
above information in your Notice is accurate, and (2) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
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Your address, telephone number, and email address; and
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Your physical or electronic signature.
The List will remove the infringing posting (s), subject to the procedures
outlined in the Digital Millennium Copyright Act H. R. 2281
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the List website or any services signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree
that the List may, in its sole discretion, preserve or disclose your
Content, as well as your information, such as email addresses, IP
addresses, timestamps, and other user information, if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to:
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comply with legal process;
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enforce these Terms;
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respond to claims that any Content violates the rights of
third-parties;
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respond to claims that contact information (e.g. phone number, street
address) of a third-party has been posted or transmitted without their
consent or as a form of harassment;
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protect the rights, property, or personal safety of
the List, its users
or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
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that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to
minors in any way;
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that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii) bestiality,
or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic area of any person;
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that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
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that impersonates any person or entity, including, but not limited
to, an agent or employee of the List, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to
images and messages that are lawful non-deceptive parodies of public figures.);
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that includes personal or identifying information about another
person without that person's explicit consent;
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that is false, deceptive, misleading, or deceitful;
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that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships;
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that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
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that constitutes or contains any form of advertising or solicitation
if: posted in areas of the List sites which are not designated for such
purposes; or emailed to the List members or users who have not indicated in writing
that it is acceptable to contact them about other services, products or commercial
interests.
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that includes links to commercial
listings or web sites, except as
allowed in "the List";
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that advertises any illegal service or the sale of any items the sale
of which is prohibited or restricted by any applicable law, including
without limitation items the sale of which is prohibited or regulated by
state law.
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that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
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that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the List, or that otherwise negatively
affects other users' ability to use the List; or
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that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the List.
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that is under your own
name but on behalf of your clients, or artists you represent or are
in a business relationship with.
Additionally, you agree not to:
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contact anyone who has asked not to be contacted;
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"stalk" or otherwise harass anyone;
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collect personal data about other users for commercial or unlawful
purposes;
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use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the List - unless expressly
permitted by the List;
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post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content;
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attempt to gain unauthorized access to
the List's computer systems or
engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of the
List or the List website; or
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use any form of automated device or computer program that enables the
submission of postings on the List without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to
submit postings in bulk, or for automatic submission of postings at
regular intervals.
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post any work or images that you have printed or displayed but
you have not created yourself.
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post any work or images that you are not the originator of, or that
you do not hold the copyright for.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to the List email addresses or through the List computer systems, which is expressly prohibited by these Terms, will use or cause to be used
servers located in the United States. Any unauthorized use of the List computer
systems is a violation of these Terms and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents
to civil and criminal penalties.
9. LIMITATIONS
You acknowledge that the List may establish limits concerning use of the
List, including the maximum number of days that Content will be retained
by the List, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the List, and the
frequency with which you may access the List. You agree that List
has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the List. You acknowledge that
the List reserves the right at any time to modify or discontinue the
List (or any part thereof) with or without notice, and that the List
shall not be liable to you or to any third party for any modification, suspension or discontinuance of the List.
10. ACCESS TO THE LIST
The List grants you a limited, revocable, nonexclusive license to access
the List for your own personal use. This license does not include any
collection, aggregation, copying, duplication, display or derivative use
of the List nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by
the List. A limited exception is provided to general purpose
internet search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying
hyperlinks to the List, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and
comply with our robots. txt file. "General purpose internet search
engine" does not include a website or search engine or other
listing entity that
specializes in classified listings or in any subset of classifieds
listings such as, for sale, or which
is in the business of providing classified advertisement listings.
The List permits you to display on your website, or create a hyperlink
on your website to, individual postings on the List. If the total
number of such postings displayed or linked to on your website exceeds
twelve (12)
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by the List to do so.
You may also create a hyperlink to the home page of List sites so long
as the link does not portray the List, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
Use of the List beyond
the scope of authorized access granted to you by the List immediately
terminates said permission or license.
11. TERMINATION OF
SERVICES
You agree that the List, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email
or IP address, or otherwise terminate your access to or use of the List
(or any part thereof), immediately and without notice, and remove and
discard any Content within the List, for any reason, including, without
limitation, if the List believes that you have acted inconsistently with the
letter or spirit of the Terms. Further, you agree that the List shall not be
liable to you or any third-party for any termination of your access to
the List. Further, you agree not to attempt to use the List after said
termination. Sections 2, 4, 6 and 10-16 shall survive termination of
these Terms.
12. PROPRIETARY RIGHTS
The List is protected to the maximum extent permitted by copyright laws
State laws and international treaties. Content displayed on or through
the List is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or
location for further reproduction or redistribution is prohibited
without the express written consent of the List.
You further agree not to reproduce, duplicate or copy Content from the
List without the express written consent of the List, or of the users
who have posted Content, and agree to abide by
any and all copyright notices displayed on the List. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the List. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the List.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LIST SITE AND THE LIST IS ENTIRELY AT
YOUR OWN RISK. THE LIST SITE AND THE LIST ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
THE LIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LIST SITE AND THE
LIST. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIST DISCLAIMS ANY
WARRANTIES FOR OTHER LISTINGS OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE LIST SITE OR THE SITES OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON
THE LIST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIST
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE LIST SITE OR THE LIST.
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