Effective January 1, 2012
This Agreement sets out the legally binding terms for your use of the Website. BarnettPhotos.com may modify this Agreement from time to time and such modification shall be effective upon posting to the Website by BarnettPhotos.com. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes BarnettPhotos.com’s policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of the Website and the Service.
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of BarnettPhotos.com shall not violate any applicable law or regulation. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with the website.
Term & Fees
Proprietary Rights in Content on BarnettPhotos.com
BarnettPhotos.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of BarnettPhotos.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
BarnettPhotos.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Service. BarnettPhotos.com is not responsible for the conduct, whether online or offline, of any user of the Website. BarnettPhotos.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. BarnettPhotos.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall BarnettPhotos.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and BarnettPhotos.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BarnettPhotos.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability
IN NO EVENT SHALL BARNETTPHOTOS.COM OR SEEME MEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF BARNETTPHOTOS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARNETTPHOTO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO BARNETTPHOTO.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Colorado without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Coloraod, City of Steamboat Springs.
You agree to indemnify and hold BarnettPhotos.com and SeeMe Media, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.