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ACCEPTANCE OF TERMS Welcome to ShutterPort! , Inc. provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. In addition, when using particular , Inc.
services, you and , Inc. shall be subject to any posted
guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. 2. DESCRIPTION OF SERVICE
, Inc. currently
provides users with access to a rich collection of on-line resources,
including, various image related services, online forums, personalized
content and branded programming through its network of properties
(the "Service"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release
of new , Inc. properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and
that , Inc. assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings. In order to use the
Service, you must obtain access to the World Wide Web, either directly
or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. 3. YOUR REGISTRATION OBLIGATIONS
In consideration
of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or , Inc. has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, , Inc.
has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof).
, Inc. is concerned about the safety and privacy of all
its users, particularly children. Please remember that the Service
is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of
the Services and/or Content (as defined in Section 6 below) are
appropriate for your child. 4. SHUTTERPORT INC. PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy. For more
information, see our full privacy policy: Click Here.
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY You will receive
a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately
notify , Inc. of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. , Inc.
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5. 6. MEMBER CONDUCT You understand that
all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
you, and not , Inc., are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. , Inc. does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will , Inc. be liable in any way
for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. You agree to not use the Service
to: upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable; harm minors in any way; impersonate any person or entity,
including, but not limited to, a , Inc. official, forum
leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; upload, post, email, transmit or
otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements); upload, post, email, transmit or
otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party; upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose; upload, post, email, transmit or
otherwise make available any material 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; disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges; interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service; intentionally or unintentionally
violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law; "stalk" or otherwise harass another;
or collect or store personal data about
other users. You acknowledge that
, Inc. does not pre-screen Content, but that , Inc.
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, , Inc.
and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by , Inc. or submitted
to , Inc., including without limitation information in
, Inc. Message Boards, , Inc. Chat, and in all
other parts of the Service. You acknowledge and
agree that , Inc. may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of , Inc.,
its users and the public. You understand that
the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. 7. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE Recognizing the global
nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside. 8. PUBLIC CONTENT
POSTED TO , Inc. For purposes of the TOS, "publicly
accessible areas of the Service" are those areas of the , Inc.
network of properties accessible by the general public. By way of
example, a publicly accessible area of the Service would include
public , Inc. Chat and , Inc. Message Boards,
but would not include , Inc. Mail, or areas off of the
, Inc. network of properties such as portions of World
Wide Web sites that are accessible through , Inc. links
but are not hosted or served by , Inc..
With respect to all other Content
you elect to post to other publicly accessible areas of the Service,
you grant , Inc. the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed. 9. INDEMNITY You agree to indemnify
and hold , Inc., and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another. 10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING
USE AND STORAGE You acknowledge that
, Inc. may establish general practices and limits concerning
use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk
space that will be allotted on , Inc.'s servers on your
behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time.
You agree that , Inc. has no responsibility or liability
for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that , Inc. reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge
that , Inc. reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice. 12. MODIFICATIONS TO SERVICE
, Inc. reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that , Inc. shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service. 13. TERMINATION You agree that , Inc.,
in its sole discretion, may terminate your password, account (or
any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without
limitation, for lack of use or if , Inc. believes that
you have violated or acted inconsistently with the letter or spirit
of the TOS. , Inc. may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that , Inc. may
immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such
files or the Service. Further, you agree that , Inc. shall
not be liable to you or any third-party for any termination of your
access to the Service. 14. DEALINGS WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. You agree that , Inc. shall not
be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service. 15. LINKS The Service may provide,
or third parties may provide, links to other World Wide Web sites
or resources. Because , Inc. has no control over such sites
and resources, you acknowledge and agree that , Inc. is
not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that , Inc.
shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource. 16. SHUTTERPORT INC. PROPRIETARY
RIGHTS You acknowledge and
agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by , Inc. or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT: YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. , Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. , Inc. MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM , Inc. OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS. 18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT , Inc. SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF , Inc. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU. 20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS If you intend to
create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies,
stock quotes, investments or securities. It is understood and agreed
that the service is provided for informational purposes only, and
no Content included in the Service is intended for trading or investing
purposes. , Inc. shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on
such information. 21. NOTICE Notices to you may be made via either
email or regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices
to you generally on the Service. 22. TRADEMARK INFORMATION , Inc.,
the , Inc. logo, and product and service names are trademarks
of , Inc. Inc. Without , Inc.'s prior permission,
you agree not to display or use in any manner, the , Inc.
Marks. 23. COPYRIGHTS and COPYRIGHT AGENTS
, Inc. respects
the intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide , Inc.'s
Copyright Agent the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material
that you claim is infringing is located on the site; your address, telephone number, and
email address; 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; a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf. 24. GENERAL INFORMATION
The TOS constitute
the entire agreement between you and , Inc. and govern
your use of the Service, superceding any prior agreements between
you and , Inc.. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and , Inc. shall be governed by the laws of the State
of California without regard to its conflict of law provisions.
You and , Inc. agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
California. The failure of , Inc. to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. 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 the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the TOS are
for convenience only and have no legal or contractual effect. 25. VIOLATIONS Please report any violations of the
TOS to information@medianetgroup.com.
26. OTHER SERVICES AND CONTACT
PROVIDERS Shutterport utilizes the services
and functions of strategic alliance partners, asp's, and other service
and content providers. By partaking of those services, directly
or by link, you agree to adhere to all the terms and conditions
of those companies in addition to the terms and conditions of , Inc.
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