Terms Of Use |
Terms of Service Last Updated: 01-01-2009 The services metaaks provides to its subscribers includes, digital Photo uploading & sharing, Photo printing and for professional photographers to upload their talent and share it with their friends etc. Any additions to or enhancements of the Service, including the release of new metaaks features, shall be subject to these Terms of Service. To use the Service, you must have access to the World Wide Web and pay any service fees associated with such access and provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device. 2. CHANGES IN TERMS AND CONDITIONS. metaaks may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. 3. MEMBERS, CONTENT RESTRICTIONS, SIZE LIMITATIONS. You agree that all materials which are transmitted by you are your sole and exclusive responsibility. You agree that you will not use the Service to upload, post or otherwise transmit any content that is: unlawful, harmful, threatening, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, or pornographic (i) , or which may give rise to civil or criminal liability under applicable law; libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or violative of any copyright or other proprietary rights of another. metaaks does not intend to pre-screen content uploaded or stored by its members, and is not responsible for such content, metaaks reserves the right to edit or remove content which violates any of the foregoing provisions. (i). metaaks owns the right to Delete / disable the user account / Photo with or without prior notice to its subscribers if found that the material (Photos) is , vulgar, obscene, or pornographic. metaaks is child-friendly service, and we do not condone adult content in the public areas of the site. While we do not monitor every photo being uploaded, metaaks will remove accounts that promote naked or obscene photos in the public galleries and the metaaks search engine as we discover them. This also applies to the popular “model” search category. Please respect the children who browse metaaks. 5. SECURITY; SITE ACCESS; SHARING OF IMAGES; RE-PRINT PERMISSION. Ay content which you transfer to the Service will be stored on a secure server located within the 6. PRIVACY. When you subscribe to the Service, it is necessary for you to provide us with certain personal information, such as your name, e-mail address and mailing address. We protect and use this information as set forth in our Privacy Policy. As disclosed in metaaks's Privacy Policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our Privacy Policy, as may be amended from time to time. 7. LINKS TO THIRD-PARTY SITES. metaaks may provide links to other sites on the Internet which may be of interest to you. metaaks does not control the content which may be on or available through these sites, and assumes no liability relating to such sites. The presence of such a link does not imply endorsement of those sites or association of those sites with metaaks. It is up to each member to become familiar with these sites and their privacy and security policies. 8. THIRD-PARTY SOFTWARE, GOODS AND SERVICES. Under certain circumstances, metaaks may make available to its members software products and other goods and services that have been developed by others. As a condition to using those products, the metaaks member must agree to be bound by the terms and conditions imposed by the producer of the software, goods and services, including license and warranty terms and conditions. Such agreements will be between the you and the software producer. metaaks DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY SUCH SOFTWARE PRODUCT, GOODS OR SERVICES OBTAINED OR ADVERTISED THROUGH metaaks OR ON THE metaaks SITE, OR THAT ANY SOFTWARE PRODUCT WILL BE FREE FROM CONTAMINATING OR DESTRUCTIVE CODE, SUCH AS VIRUSES, WORMS OR TROJAN HORSES. By upload your photos (Media). metaaks does not claim any ownership in the photos or other media created or uploaded by you or any other user. Consequently, metaaks will not license, resell, or otherwise distribute Media to third parties. Unless otherwise indicated, by uploading Media to any public album within the Service, you grant metaaks a nonexclusive, royalty-free license to publish, distribute and display the Media, without limitation, anywhere within the Service itself and within email communications promoting the Service. This license shall be in effect during all times that relevant Media is stored by you in public metaaks albums. This license shall NOT apply to Media placed in private albums. Furthermore, you represent and warrant that you own or otherwise control all of the rights to the Media that you post; that you have received all proper permissions and/or releases relative to all media that you post; that use of the Media you store in any public album does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify metaaks for all claims resulting from Media you supply. metaaks has the right but not the obligation to monitor and edit or remove any activity or Media. You understand and agree that metaaks takes no responsibility and assumes no liability for any Media posted by you or any third party, you are publishing the media by your own to other users, the users may copy / redistribute the media to others and metaaks takes no responsibility. 10. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless metaaks and its subsidiary and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Service or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). metaaks reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with metaaks and its counsel in the conduct of such defense. THE SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH metaaks ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, metaaks EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. metaaks, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL metaaks, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF metaaks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, metaaks'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. metaaks, in its sole discretion, may terminate your password and use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, expiration of the terms of your metaaks subscription, lack of use of the Service for a specified period, or if metaaks believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected at the sole discretion of metaaks. metaaks may deactivate or delete your account and all related information and files and/or bar any further access to such files or the Service at its sole discretion without notice. You agree that metaaks shall not be liable to you or any third-party for any termination of your access to the Service. 14. DISCONTINUING INACTIVE ACCOUNTS / STORAGE POLICY. metaaks provides free storage for personal and professional photographers who are actively engaged with their images. metaaks reserves the right to cancel the Service or to discontinue free accounts that have been inactive for more than 90 days. (All paid membership plans are deemed active.) Professionals are encouraged to use optional Album Deletion Dates to prompt customers to buy photos and to free up space. Professionals with over 10,000 images are encouraged to clean out periodically their inventories of non-selling images. Professional accounts that disparage metaaks printing services or that use metaaks services for display-only without intent to sell may be deleted. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 16. INTERNATIONAL USE; EXPORTS. metaaks makes no representation that the Service will be available or appropriate for use in locations outside of the United States. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. metaaks members are responsible for compliance with all United States export laws and regulations when the member exports any materials provided through the Service. 17. SEVERABILITY AND INTEGRATION. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and metaaks with respect to the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and metaaks with regard to the Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely |