Photographes sans Frontières

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The image(s) are copyrighted and protected under the various laws of the European Union, the United States, International treaties and other applicable laws. Use of the images is licensed, not sold, pursuant to the terms of this License Agreement. Use of the images without agreeing to this License Agreement, or a breach of these License Agreement terms, is copyright infringement.

The image(s), storage media and accompanying materials (if applicable) are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Photographes sans Frontières grants no rights or Warranties with respect to the use of names, trademarks, logo types, copyrighted designs or works of art or architecture depicted in any image, and the user must satisfy itself that all necessary rights, consents, or permissions as may be required are obtained. Photographes sans Frontières does not warrant that the image(s), web sites or other materials, will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the image(s) is solely with you. You understand that you should seek competent counsel before using images on or in connection with any goods or services or for any other commercial purposes.

General Terms of Use

Photographes sans Frontières may post a notice on the web site or broadcast messages to inform you of changes to the Terms of Use or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Terms of Use shall be effective immediately upon posting of the notice or broadcast of the message. Your continued use of the site or services after such notice or broadcast will reaffirm your agreement to be bound and to abide by the Terms of Use as amended.

This Agreement ("Agreement") is by and between Photographes sans Frontières.com ("Photographes sans Frontières") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of the Photographes sans Frontières website and domain name services ("Services") and explains Photographes sans Frontières' obligations to You and Your obligations to Photographes sans Frontières.

This Agreement along with any other or additional Photographes sans Frontières policies, together with any modifications that may be made hereto, constitute the complete and exclusive agreement between You and Photographes sans Frontières. This Agreements supersedes all prior proposals, agreements, or other communications. All Photographes sans Frontières policies and agreements specific to use of the Photographes sans Frontières web site are incorporated herein and are made part of this Agreement by reference.

You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Photographes sans Frontières may establish from time to time, and any agreements that Photographes sans Frontières is currently bound by or will be bound by in the future.

You understand and agree that Photographes sans Frontières operates this website on a not for profit pro bono basis and that in consideration of your use of the site, you agree that you are bound to the terms and conditions herein with regard to your use of this website.

Term of Agreement and Modification

You agree that Photographes sans Frontières may modify this Agreement at any time and you agree to be bound by all changes that Photographes sans Frontières may reasonably make hereto. If You conclude any purchase or other transaction with Photographes sans Frontières the term of this Agreement shall continue in full force and effect as long as you (or your successors or assigns in interest to the subject of any transaction including any domain name(s) purchased) use and/or take advantage of the subject of that purchase or transaction.

Termination of Account

Photographes sans Frontières reserves the right to terminate your account or your access to and use of Photographes sans Frontières's services at any time, at Photographes sans Frontières's sole discretion for any reason, with or without cause. If you violate these Terms, Photographes sans Frontières, in its sole discretion, may also require you to remedy any violation of these Terms, and/or take any other actions that Photographes sans Frontières deems appropriate to enforce its rights and pursue all available remedies.

Forum Guidelines

Users shall use Photographes sans Frontières for lawful purposes only. Users shall not submit to Photographes sans Frontières any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Photographes sans Frontières is for personal, non-commercial use only. Users shall not submit any content containing advertising or solicitation without express prior written approval from Photographes sans Frontières.

Users shall not submit any content to Photographes sans Frontières that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any content is not protected by copyright rests with the user. The user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

Photographes sans Frontières reserves the right at any time to delete content without notice, and to ban users from the Web site.

Content Guidelines

You understand that all information, data, text, 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 Photographes sans Frontières, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the site. Photographes sans Frontières does not control the Content posted or disseminated via the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Photographes sans Frontières's services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Photographes sans Frontières 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 Photographes sans Frontières's services.

You agree to not use Photographes sans Frontières's services to:

1) upload, post, e-mail, transmit, or otherwise make available any Content that is threatening, defamatory, pornographic, obscene, harassing, abusive, tortious, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

2) impersonate any person or entity, including, but not limited to, a Photographes sans Frontières official, another member on the site, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Photographes sans Frontières website or services;

4) upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or for which you have not obtained all necessary licenses and/or approvals;

5) 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;

6) interfere with or disrupt Photographes sans Frontières's service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;

7) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through f above. Photographes sans Frontières does not regularly review posted Content but retains the right to remove any and all Content it considers objectionable or that it believes was posted in violation of these Terms of Use.

Occasionally, users will post their e-mail addresses in public posting areas. Users shall not gather these e-mail addresses for purposes of spamming or for any non-personal or commercial purposes.

If you are under the age of 18 you should seek your parents' permission before accessing our Web site. Because Photographes sans Frontières includes content that is uploaded directly from users, there may be some content on Photographes sans Frontières that is not appropriate for people under 18.

If you live outside the United States, you understand and agree that Photographes sans Frontières stores and processes your information on computers located in the United States, and by providing any data to Photographes sans Frontières, you consent to the transfer of such information to the United States.

You acknowledge and agree that Photographes sans Frontières may disclose your personal information to any legal authority if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal processes, to carry out these Terms, or to protect the rights, property, or personal safety of Photographes sans Frontières, its employees, users and third parties, and the public.

You are responsible for maintaining the confidentiality of your Photographes sans Frontières password and account, and are fully responsible for all activities that occur under your password or account. You agree to manage your account in a safe and reasonable manner (by ensuring, for example, that you log out of your account at the end of each session) and to notify Photographes sans Frontières immediately of any unauthorized use of your password of account or any other breach of security. Photographes sans Frontières cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Photographes sans Frontières uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the Photographes sans Frontières website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.

Electronic Communication

When you visit Photographes sans Frontières.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or via this website satisfy any legal requirement that such communications be in writing.

All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of the Photographes sans Frontières member subscribers, or its content and software suppliers and that this content is protected by U.S. and international copyright laws. Photographes sans Frontières's selection, coordination and arrangement of all content on this site is the exclusive property of Photographes sans Frontières, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the services provided by Photographes sans Frontières is the property of Photographes sans Frontières or its software suppliers and is protected by U.S. and international copyright laws.

As between Photographes sans Frontières and you, you will own your member content (images, textual content, videos, sound or photographical dervative works), and Photographes sans Frontières owns all right, title and interest (including all intellectual property rights) in and to the Site, the Services, the technology, information, documents, files, webpages and other products developed in connection with the Site or available on the Site.

License and Site Access

Photographes sans Frontières grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify this site in any way, except with the express written consent of Photographes sans Frontières. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Photographes sans Frontières. Any unauthorized use terminates the permission or license granted by Photographes sans Frontières.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Photographes sans Frontières pages so long as the links do not portray Photographes sans Frontières or its suppliers or their products or services in a false or misleading manner.

You agree not to translate, reverse engineer, reverse compile, disassemble, or create derivative works from software programming contained in the Site or the Services.

License Granted by User

Photographes sans Frontières does not claim ownership of the photographs, videos or other media ("Media") created or uploaded by subscribers. Photographes sans Frontières will not resell Media to third parties unless authorized in writing to do so. Unless we indicate otherwise, if you upload content, including any media, to the Photographes sans Frontières site, you grant Photographes sans Frontières a worldwide, non-exclusive and royalty-free license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the content as we deem appropriate in providing the services authorized or requested by you, including the right to use the name that is submitted in connection with such content. This license exists only for as long as you elect to continue to include such content on Photographes sans Frontières and will terminate at the time you remove or Photographes sans Frontières removes such content from the site. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Media indefinitely.

You represent and warrant that you own or otherwise control all of the rights to the content (including without limitation) media that you post; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Photographes sans Frontières for all claims resulting from content you supply. Photographes sans Frontières has the right but not the obligation to monitor and edit or remove any activity or content. You understand and agree that Photographes sans Frontières takes no responsibility and assumes no liability for any content posted by you or any third party.

Entire Agreement

The Terms of Use agreement constitutes the entire agreement between you and Photographes sans Frontières and governs your use of the Service, superseding any prior agreements between you and Photographes sans Frontières with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Photographes sans Frontières services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between these Terms and any information included in off-line materials, these Terms shall control.

Disclaimer of Warranties and Limitation of Liability

This site is provided by Photographes sans Frontières on an "as is" and "as available" basis. Photographes sans frontières makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, product descriptions or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Photographes sans Frontières disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permitted by law, photographes sans frontières and Photographes sans Frontières disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of the its website and the services, and do not warrant that the product descriptions or other content on its webstie are accurate, complete, reliable, current or error-free or that this site, its servers, or e-mail sent from Photographes sans Frontières are free of viruses or other harmful components.

Under no circumstances shall Photographes sans Frontières be liable on account of your use or misuse of the Photographes sans Frontières website or the services, whether the damages arise from use or misuse of the Photographes sans Frontières website or the services, from inability to use the Photographes sans Frontières website or the services, or the interruption, suspension, modification, alteration, or termination of the Photographes sans Frontières website or the services, or viewing the photos it hosts, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Photographes sans Frontières cannot be held liable for the accidental loss of photos on its site, or the copying of photos by its users.

No advice or information, whether oral or written, obtained by you from Photographes sans Frontières or through or from the Photographes sans Frontières website or the services shall create any warranty not expressly stated in the terms of service. The laws of certain countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnity

You agree to indemnify and hold Photographes sans Frontières, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold Photographes sans Frontières harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide through or post on Photographes sans Frontières's site.

Modifications of site, policies or terms of use, User account termination

We reserve the right to make changes to our site, policies, and these Terms of Use at any time.

Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto, or should you become dissatisfied with Photographes sans Frontières in any way, your only recourse is to immediately:

1) discontinue your use of Photographes sans Frontières; and
2) terminate your Photographes sans Frontières subscription by contacting us by e-mail.

Term of Agreement and Modification

Termination of Account

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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