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terms of use
Last updated: 26 October 2010

The following Terms and Conditions of Use govern your use of this site and its services. Although extremely boring, for your own sake we recommend that you read through this document in its entirety before using any of the services or products featured on this website.

The sections of the Terms and Conditions of Use are listed below. To go directly to a particular section, please click on the relevant section header:
  1. Introduction
  2. Accepting
  3. Terminology
  4. Nature of service
  5. Registration
  6. Account
  7. Ownership
  8. Disclaimer
  9. Indemnification
  10. Refund
  11. Termination
  12. Force majeure
  13. Links to 3rd party sites
  14. Modifications to agreement

1. Introduction
These terms and conditions of use constitute a legal agreement between you (“User” or “Member”) and shutterchance.com (“We” or “Our”) for use of the services and products provided on the shutterchance.com website. Shutterchance provides this service to you with the following terms and conditions which may be updated as we see necessary. Please read this agreement carefully before signing up as a member or continuing to use this website, as this agreement is intended to protect you, shutterchance.com and all other parties involved, and make shutterchance.com safe for all users. We do not guarantee the information appearing on shutterchance blogs is accurate and complete, as we are not involved in placing this information on our site.

2. Accepting
The use of this website is subject to your unconditional acceptance of the terms, conditions and regulations contained within this document and any other guidelines or rules applicable to this website. By using this website you agree to be bound by the terms and conditions of this agreement. If you do not agree, do not check the box indicating agreement. To use this site tick the box and in so doing accept all terms and conditions. These Terms and Conditions of Use may be updated from time to time with or without notice, as detailed in the section 14. Modifications to Agreement below.

3. Terminology
shutterchance.com does not use any ambiguous or misinterpretable terminology.

4. Nature of service
shutterchance.com provides a service where members can publicly display their photos, and receive comments on their work by fellow photographers or visitors. Unlimited storage space is provided by shutterchance on a subscription basis, under a fair usage policy. We collect fees for storing digital images and allowing the member to display them on his/her webpage. Subscription fees for storage may change without notice, and any such changes will effect new subscriptions and extension of current subscriptions only. Our subscribers retain the ownership and copyright of all their images. You are entirely responsible for what appears on your blog/webpage, we do not prescreen or control comments of viewers. Our webpages allow comments to be added instantly, keeping in practice with similar services. It is your responsibility to contact us to delete a comment if you feel it is in some way derogatory, to you or any other individual. Shutterchance has the right to delete comments on other users webpages if complaints have been filed with shutterchance. You must contact shutterchance immediately if you realize there has been unauthorized activity on your account, or posting of inflamitory or derogatory comments.

5. Registration
In order to register as a member you need to be at least sixteen (16) years old. By registering as a member you verify that you are at least sixteen (16) years old and shall be held to the terms and conditions of this agreement. In registering you are required to provide shutterchance.com with certain data. You are responsible for providing us with true, accurate and complete information in all of the required fields of the registration form. Only one account per user is permitted. Members also agree to maintain and update the registration data to keep it true, accurate and complete at all times.

A member may not:
  • choose a username or nickname with the intention to impersonate another person
  • use a username or nickname subject to the rights of any other person
  • use a username or nickname in violation of the intellectual property rights of any other private or legal entity
  • use a username or nickname that shutterchance.com, in its sole discretion, considers inappropriate or offensive.
All registrations become the exclusive property of shutterchance.com, its affiliates and subsidiaries. shutterchance.com reserves the right to use all information contained herein subject to the shutterchance.com Privacy Policy. Users may edit, alter, update or obscure personally identifiable information at any time in accordance with the instructions contained in the Privacy Policy.

6. Account
During registration each user will be required to select a username and password. The password is used for authentication purposes to access the members section of this website. The rights of any member to use this website, and any other product or service offered by shutterchance.com, is personal to that member and is non transferable by assignment, sublicense or any other method to any other person or entity. Any such attempt will constitute a breach of this agreement and will result in termination of the member’s right to use this website. Members are responsible for choosing/changing a password, and taking the necessary precautions, such as to maintain the privacy of his or her password. In the event that a member suspects that a third party has access to his or her account, the member shall change his or her password immediately by using the facilities provided to modify his or her profile. Should the problem persist shutterchance.com must be notified via the form on our contact us page.

Upon registration a member is allowed to subscribe to storage space for, and specifically limited to, digital images. Members are able to renew their subscription and add more storage space to his or her account at any time.

You agree that shutterchance.com and other users of this website are entitled to rely and solely attribute to you any action that is undertaken using your username, nick-name or password. Hence you are solely liable for any loss or damages, in whatever form, arising from the misuse of your username, nick-name or password, whether or not such misuse is due to your fault or negligence. You agree that the provision set forth above is commercially reasonable.

shutterchance.com is doing its utmost to prevent any loss of data. In the unlikely event of such a data loss (including but not limited to computer systems' failure) causing unrecoverable loss of digital images in member's account, shutterchance.com will not be held responsible for any kind of damages the member could sustain as the result of such data loss. Each member is responsible for keeping copies of all files submitted to shutterchance.com and will be given an opportunity to resubmit any digital images that could have been lost in the event of a loss of data.

7. Ownership

i) User submitted images
In submitting any image (further referred to as “Content”) to this website you warrant that you are the sole copyright holder. Further, by allowing your image to be sold you certify that you control the legal rights and relevant permissions necessary to sell and display this image. Any violation of this rule will result in immediate termination of the account member rights to this website and incur possible legal consequences. Further, by submitting your images, you grant shutterchance.com, its employees and affiliates, a non-exclusive right to store, resize, copy, distribute, transmit, display, reproduce, transfer and access these files on the shutterchance.com website and any computer system owned or rented by shutterchance.com as we, at our sole discretion, find necessary, including but not limited to, normal website operation, image manipulation for thumbnail and medium sized picture, adding of watermark, and using images to promote shutterchance.com.

Submission of images including, but not limited to child pornography or of otherwise pornographic content, offensive or otherwise illegal images is strictly forbidden. We do allow tasteful erotic images and the distinction between what can be considered an erotic and pornographic image shall be ours (at the discretion of shutterchance.com) and is non-negotiable. We reserve the right to remove any image, at our sole discretion, that is found inappropriate or that violate these terms and conditions of use in any way. Should any of your contributions be deemed illegal by any law having jurisdiction over you, then our Privacy Policy will cease to apply, your member account will be terminated and we will supply the relevant authorities with all necessary information.

ii) Other by user submitted content
Any comments, ratings, critiques, testimonials, feedback, ideas, concepts or other by user submitted information, excluding that stated in the section 7.i) User submitted images above, is not deemed confidential and shutterchance.com is free to reproduce, use, disclose and distribute this information (the said materials, hereinafter referred to as “Material”) to others without limitation. You agree that shutterchance.com may use this Material for any purpose without any obligation of payment, or otherwise, to you. Submission of insults, profanity, intolerant remarks, subjective or irrelevant text with the intention of public display is not permitted, and once discovered, will be removed at the discretion of shutterchance.com. In the event of repeated instances of such behaviour shutterchance.com reserves the right to terminate the membership of the relevant member. The Material referred to in this section excludes any personally identifiable information provided by you in connection with your registration with the exception of username, nick-name and any information you choose to disclose as public available information through your profile page. For terms and conditions relating to our use of personally identifiable information please see our Privacy Policy. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms and Conditions of use of such information.

iii) Website
This website is owned and operated by Vizero Ltd. All content featured or displayed on this website including, but not limited to, text, graphics, photographs, sound, illustrations, moving images and software with the exception of photographs belonging to members of our website (“Content”), is owned by shutterchance.com. All elements of shutterchance.com are protected by, but not limited to, trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless explicitly permitted under this or another agreement with Vizero Ltd, no Content from this website may be copied or reproduced via any means other than this website and its Content and all relating rights shall remain the exclusive property of Vizero Ltd, unless otherwise expressly agreed. You shall indemnify Vizero Ltd against any losses, expenses, costs or damages incurred by any breaches of the rights specified in these terms of conditions of use or your unauthorized use of the Content or related rights.

8. Disclaimer
THIS WEBSITE AND ITS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, PRODUCTS OR RESULTS, ARE PROVIDED "AS IS" AND shutterchance.com EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Vizero Ltd. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT shutterchance.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Vizero Ltd. nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages, and that the risk of injury from any such event rests entirely with each user.

shutterchance.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the shutterchance.com website; however, these other websites are not controlled by shutterchance.com and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Vizero Ltd. regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than Vizero Ltd. may provide services from this website. For example, you may obtain promotional offers through advertisement banners regarding certain products, which could be of interest to you. Vizero Ltd. does not evaluate or warrant the offerings or services of these parties, and does not assume any responsibility or liability for the actions, product, services, or content of these parties.

Users agree that the liability of shutterchance.com, its affiliates, agents, licensors, subcontractors and partners, if any, arising out of any kind of legal claim (weather in contract, tort, or otherwise) in any way connected with this website or the information in this website shall not exceed the amount paid to shutterchance.com by same user for use of this website. Because countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, incidental or otherwise, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by national provisions. This disclaimer shall remain in effect after these Terms and Conditions of Use have been terminated.

9. Indemnifications
You agree to indemnify and hold shutterchance.com, Vizero Ltd., its employees, agents, subsidiaries, affiliates, contributors or other partners harmless from and against any and all claims, damages, obligations, demands, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of this Website or from users violation of these Terms and Conditions of use or any third party's rights including but not limited to copyright, property, and privacy rights whether you are a registered user or not. This indemnification and hold harmless obligation will survive these Terms and Conditions of Use and your use of this Website.

10. Refund
shutterchance.com does its outmost to provide our users with the best service; however, should a member be dissatisfied with our service, a refund can be requested as set forth below. We will accept claims from members within 7 calendar days from when the fees were collected. Once the refund has been processed the member's account will return to its state prior to the member’s payment of the refunded fees. To claim a refund of a fee paid within the last seven (7) work days, please send your request via our contact us page quoting your date of birth, username (which was confirmed by us during your registration), and the Payment ID for the fee you would like refunded. We will endeavour to refund the member as soon as possible with a maximum delay of thirty (30) days.

11. Termination
A registered member of shutterchance.com may terminate his or her membership at any time. This is done by submitting a message via the form on our contact us page. No fees or monies paid by the member will be refunded, unless termination is initiated by the member within the time period qualifying for refunds, see 10. Refunds section. Once the account membership has been terminated, all digital photography’s submitted by the member will be removed from public view. To comply with the rights of a potential buyer, any digital photography submitted by the member that has been purchased within a seven (7) day period of the account termination may be retained, up to a maximum period of seven (7) calendar days to allow the buyer access, after which all submitted photography’s by the member will be deleted. Termination of members account will be effective upon receipt by shutterchance.com.

shutterchance.com reserves the right to suspend or terminate a membership, at any time without prior notice, in the event of a violation of terms and conditions of this or other agreements governing the usage of this website. Membership will not be terminated, provided no conditions causing termination exists.

12. Force majeure
If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party's suppliers, the party will have no liability to the other for that failure to perform.

13. Links to 3rd party sites
shutterchance.com contains links to other websites operated by parties other than shutterchance.com. Since these websites are beyond the control of shutterchance.com, you agree not to hold shutterchance.com responsible for the content, advertising, products, availability, or other materials contained on these 3rd party sites. Our links do not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall shutterchance.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. The inclusion of advertisements and hyperlinks, or reference to any product, service or process does not constitute recommendation, sponsorship or endorsement by shutterchance unless so stated. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. shutterchance.com is not responsible for the accuracy, legality, decency or copyright compliance of material contained in any such sites.

14. Modifications to agreement
shutterchance.com reserves the right to modify or change these terms and conditions of use, effective immediately, and may do so with or without notice. Users of this website agree to periodically review these terms and conditions of use and to be aware of any such changes. If any such changes are deemed unacceptable to a member, the member may terminate his or her membership account as provided in the section 11. Termination above. Any use of this website (other than to terminate membership account) shall be deemed to constitute complete acceptance without reservations by the member of, but not limited to, any changes, modifications, additions or alterations.

3rd September 2009 - Corrected typo of "don" and missing heading section 7.i
26th October 2010 - Corrected misidentification of Vizero Ltd as shutterchance Ltd on four occasions

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