Terms of use

1. DEFINITIONS
a.  The Company - Refers to [Corporate or Division Name] located at [Business Address] and any subsidiaries, parents, officers, directors, agents, employees, attorneys, future continuation of interest or assigns.
b.  The Site - Refers to www.photocrew.com and all affiliated sites owned or operated by the Company.
c.  Site Content - Refers to the independent components necessary to create the Site. These include, but are not limited to: HTML files, PHP scripts, JavaScript scripts, images, logos, documents, sound files and video files.
d.  User Submission - Refers to any material submitted to the site through the action of a third party in connection with any attempt to use the services of the Site.
e.  You or Your - Refers to the individual, corporation, partnership or other entity viewing and/or accessing materials or services on the Site.
2. ACCEPTANCE OF TERMS OF SERVICE IMPLIED BY USE

    Through continued use of the Site you agree to the following Terms of Service. If You do not agree to any of the following Terms of Service, You must leave the site immediately. Continued use or any reliance upon any of the services offered on the Site will be interpreted as Your acceptance to being bound by these Terms of Service. The Terms of Service may be changed at any time. Upon a change, continued use or reliance upon any of the services offered on the Site will be interpreted as Your acceptance to being bound by these Terms of Service.

3. MINORS NOT ELIBIGLE TO USE THE SITE

    Minors may not assent to the Terms of Service for the Site. Therefore, minors are not granted a license to use the Site and may not use the Site or any of the services offered on the Site. If You are minor, please leave the Site immediately.

4. LICENSE TO USE THE SITE

    The Company grants You a limited, revocable license to use the site. This license is personal to You and may not be transferred, sublicensed, delegated or assigned. This license includes the right to view and download temporary copies of the materials contained on the Site for personal use in connection with the services offered on the Site. This further authorizes You to utilize the functionality of the site to make use of the services offered on the Site.

    All Site Content, including by not limited to HTML documents, PHP scripts, JavaScript scripts, flash files, images, sound files, video files documents and databases, on the Site are the real and/or intellectual property of the Company, protected by United States and international copyright laws. This Site Content may not be used, copied, mimicked, displayed, deleted used to produce derivative works, published or otherwise taken for any use except the use expressly authorized by this license. Furthermore, You may not authorize or request that others carry out any of these activities. The Site Content may not be used to create sites which attempt to recreate the Site at another web location.

    All copyrighted Site Content, trademarks and service marks are the sole property of the Company and may not be used without the prior written consent of the Company.

5. RIGHTS REGARDING USER SUBMISSION MATERIALS

    The Site provides various means by which You may make User Submissions, including but not limited to, the use of a forum, the use of a web form, the use of email and the use of the website itself. By submitting any User Submission to the Site, You grant the Company a perpetual, non-exclusive, irrevocable, royalty-free worldwide license. This license carries with it no obligations to use, copy, distribute, publish, create derivative works or otherwise reproduce any portion of Your User Submission.

    You acknowledge and accept this license through Your submission of any User Submission to this site. You further acknowledge the absolute right of the Company to review Your submission for accuracy, completeness, validity and compliance with any applicable laws. The Company maintains the absolute right, at its own discretion, to remove any User Submission from the site for any reason. In addition, the Company retains the right to seek any remedy at law for itself or third parties in connection with a removed User Submission.

    You further acknowledge that the Company may maintain a copy of the User Submission and may disclose the User Submission to any third party if the Company believes it is necessary to: (i) comply with any legal proceeding, court order or law, (ii) protect the company from pending litigation, (iii) establish agreement to this license, (iv) assert any claim under these Terms of Use or (v) protect the Company's or any third parties' rights.

6. IMPROPER USE OF THE SITE PROHIBITED

Improper use of the site is not permitted. You are not allowed to use the Site and you agree to not use the Site to:
a. violate any applicable law;
b. breach this agreement;
c. infringe the Company's or anyone's intellectual property rights;
d. utilize the site in any misleading, harassing or defamatory way;
e. collect addresses or email addresses for spam messages or chain letters through any means; or
f. submit any user submission which violates any of these improper uses.

7. RESPONSIBILITIES REGARDING USAGE OF THE SITE

You agree that You will:
a. use the Site for legal and intended purposes such as the seeking of employment or seeking of individuals to employ;
b. maintain complete and up-to-date user submitted materials and user information;
c. bear the risk of any reliance upon user submitted materials or user information;
d. maintain with utmost secrecy any password for access to the Site and that you will occasionally change Your password to maintain security.
8. SERVICES NOT GUARANTEED

    The Site in no way guarantees that it will be available or accessible at any given time. There are periodic downtimes which are necessary or beyond the control of the Site. These may occur without warning. The Site will make good efforts to ensure that it is available for access, but does not guarantee accessibility at any particular time.

    The Site and the Company make absolutely no warranty with regard to the services sought here. The Site and Company in no way guarantee: (a) that the resumes or information provided by any user of the Site is truthful or correct; (b) that services provided resultant from the use of this Site will be of any level of professionalism, quality or craftsmanship; (c) that You will find services through the utilization of this Site; (d) that any individual seeking services through the use of this Site is able or will actually provide payment for those services; or (e) that the actions of any user of this site will be in conformity with any professional standard of care or legal duty.

    You utilize the Site at your own risk. The Site recommends that you take all precautions in requesting and performing services through the use of this Site, including but not limited to: entering into binding legal contracts, requesting references from previous employers or employees, requesting examples of prior work and seeking credit reports.

9. LINKS TO OTHER SITES

    The Site may contain links to other non-affiliated sites. These links may occur at any place in the site, including portions maintained by the Site and in portions of the site dedicated to user submissions. The Company is not responsible for the material present on other non-affiliated sites which may be linked to by the Site. You are responsible for the use of Your own judgment in selecting whether or not to view or utilize any services provided by other sites.

10. PRIVACY POLICY

    The Site and the Company holds your personal information with the utmost care. The Site will do everything possible to keep your personal information private. The Site has no intention and will not sell or otherwise provide your personal information, including email addresses, to third parties. The Site will not conduct "spamming" of the email addresses you enter as a part of access to our site and will not request or allow others to do so.

    Portions of Your personal information (such as Your addresses or phone numbers) are visible to those seeking employment or requesting employee services. We cannot control access to those portions effectively while still maintaining the nature of the site. Therefore, You must exercise Your judgment while entering personal information that is visible to individuals utilizing the site.

    The Company may disclose any portions of your personal information to companies or individuals we hire to perform various business functions including analyzing marketing data, providing web hosting services and providing other professional services. You accept this risk as a condition of Your continued usage of this site.

    The Company may disclose any portions of your personal information necessary to conform to any legitimate governmental request including legal proceedings in any court with proper jurisdiction. You accept this risk as a condition of Your continued usage of this site.

11. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless the Company. The indemnification shall include all necessary expenses, including legal fees, court costs, arbitration fees and costs, attorney's fees, and travel and expenses associated with the defense of any claim related to the use of this Site or User Submissions to this site or violation of any of the terms of this agreement.

12. DISCLAIMER OF WARRANTIES

    YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF THE SITE OR ANY USER SUBMISSIONS.

13. LIMITATIONS OF LIABILITY

    YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR USER SUBMISSOINS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

    YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, THE COMPANY'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $100.

14. TERMINATION OF AGREEMENT AND LICENSE

    The Company retains the right to terminate, at its sole and absolute discretion, the license granted as a part of these terms of service. The Company may also terminate any obligation or limitation set forth in this agreement. At any time the Site may cease to operate or end its services. The Company retains the right to cease operation of the Site at any time, at its sole discretion. Upon cessation of operation of the Site, this agreement will terminate. Furthermore, the Company is not responsible for the return or deletion of your User Submissions upon the termination of this agreement for any reason.

15. THE SITE AND THESE TERMS MAY CHANGE WITHOUT NOTICE

    The content of the Site is under the absolute discretion of the Company. It may change without notice and is subject, only, to the discretion of the Company. Furthermore, the terms of this agreement may change without notice. Your continued use of the site manifests your intent to be bound by the changes to the terms of service. You are encouraged to review these terms of service periodically for changes. If you disagree with the terms as updated, You should discontinue Your use of the Site.

16. NATURE OF THE AGREEMENT

    This agreement in its entirety is a binding agreement between You and the Company. No section of this agreement may be waived without waiver of Your right to use the Site for any purpose. The failure to enforce any provision of this agreement with regard to You or any other individual, company, partnership or other entity does not constitute a waiver of the right to enforce that provision. This agreement and any issue arising out of this agreement or breach of this agreement shall be understood in light of the laws of the state of California in the United States of America.





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