These terms of use ("Terms of Use") apply to your access to, and use, of the web site of 37th-Frame located at www.37th-frame.com (the "Site").
Terms of Use last updated on May 18, 2009
By accessing, browsing, using, and/or downloading information, data, text, software or images, or other materials from this Site, or by sending messages, information, data, text, software or images, or other materials to the Site, you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms of Use for each use of and each visit to this Site. If you do not agree to all of these Terms of Use, we ask that you please do not use the Site.
1. Changes to Terms of Use
37th-Frame has the right, in its sole discretion, to add, remove, modify or otherwise change any part of this Terms of Use Agreement, in whole or in part, at any time. Changes will be effective upon notification. If any said change is not acceptable to you, we ask that you discontinue your use of this Site immediately. Your continued use of this Site after any such changes will mean that you have accepted our Terms of Use.
2. Changes to this Site
37th-Frame may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) removing, adding, modifying or otherwise changing any Materials on or from this Site. 37th-Frame has the right, in its sole discretion, to correct any errors or omissions found in any portion of this Site at any time without notice.
3. Licensed Use and Restrictions
The Site may be used only for lawful purposes by individuals and companies seeking photographic images, photographic information, reviews, photographic discussions, and any other topics posted on said 37th-Frame.com. You agree to use this Site for only reasons stated above. Subject to these Terms of Use, 37th-Frame allows limited right to access, use and view this Site and Materials solely for your own personal use, provided, however, that you do not directly or indirectly:
- sell, reproduce, modify or attempt to modify the content protected by Copyright, or distribute or otherwise use them for any public or commercial purpose;
- transfer Site content to any other person without the written consent of 37th-Frame;
- use this Site in any harmful manner;
- attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access
4. Enforcement
37th-Frame has the right, but not the obligation, to monitor and investigate occurrences which may involve violations of these Terms of Use and 37th-Frame may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. 37th-Frame reserves the right at all times to remove, screen or edit any Content that violates these Terms of Use or is otherwise objectionable and to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request. In the event of violations of these Terms of Use, 37th-Frame may take any action that it deems appropriate.
5. Termination
37th-Frame has the right terminate membership automatically if you breach any of the terms or conditions of these Terms of Use or under for any other reason deemed necessary by 37th-Frame. You, as the user, have the right to terminate your membership with this Site upon written notification to admin@37th-frame.com. Upon notification of said termination request, 37th-Frame will remove all requested membership information.
6. Proprietary Rights
The Site, including all photographs and content, is the property of 37th-Frame. All copyrighted and copyrightable material on this Site, including, without limitation, the Site design, content, graphics, pictures, and other files, that appear are ALL RIGHTS RESERVED © 2003-2004 37th-Frame. None of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of 37th-Frame or the respective copyright owner.
Trademarks
All trademarks, service marks, logos and trade names used and displayed on this Site are owned by 37th-Frame. You may not copy, imitated or use, in whole or in part, these trademarks without the prior written permission of 37th-Frame.
7. Links and Third Party Content
The Site contains links to third party Web sites. These linked Web sites are not under the control of 37th-Frame, and 37th-Frame may not be held responsible for any content in such said websites.
8. Limitation of Liability
YOU AGREE THAT 37TH-FRAME AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE SERVICES, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF 37TH-FRAME, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that 37th-Frame’s maximum aggregate liability for damages arising out of or related to this Agreement shall be limited to $100.
9. Additional Terms of Use.
Certain areas of this Site may be subject to additional Terms of Use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.