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Terms and Conditions

 

Welcome to Targetphoto.tracerpix.com, the exciting new way to create motion prints and other products that use your own images in unique ways. You will find the Website to be fun and easy to use but before you start we need to let you know the terms and conditions under which you will be using the site, so please read and acknowledge the following agreement.

 

THIS AGREEMENT COVERS YOUR USE OF THIS WEBSITE, WWW.TARGETPHOTO.TRACERPIX.COM (THE “WEBSITE") AND ANY PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT (THE "PRODUCTS"). IT EITHER EXEMPTS OR LIMITS FROM LIABILITY BOTH TRACER IMAGING LLC (“TRACER”) AND OTHERS, AND IT CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EVERY TIME YOU USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, OUR PRIVACY POLICY, AND APPLICABLE LAWS. YOUR USE OF THE WEBSITE AND ITS SERVICES IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM DO NOT ACCESS OR USE THE WEBSITE.

 

PRIVACY

Please review our Privacy Policy, which also governs your visit to our Website, to understand our practices. Tracer and its service providers do not collect, use, or disclose your personal information without your prior consent and knowledge except in accordance with our Privacy Policy. The Privacy Policy is available by clicking the link found at the bottom of every page of the Website. Tracer, in its sole discretion, may amend the Privacy Policy from time to time. By accepting this Agreement, and each time that you use the Website, you consent to Tracer's collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or to any other party.


ELECTRONIC COMMUNICATIONS

When you visit the Website 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 or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Website or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Website, with copyright authorship for this collection by the Website, and protected by international copyright laws.

 

TRADE MARKS

The Website’s trademarks and trade dress may not be used in connection with any product or service that is not the Website’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. All other trademarks not owned by the Website or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Website or its subsidiaries.

 

COPYRIGHT INFRINGEMENT (DMCA)

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials hosted by the Website infringe your copyright you may send us a notice requesting that the material be removed, or access to it be blocked. We will require the following information:

a. a physical or electronic signature of a person authorized to act on behalf of the owner of an Intellectual Property right that is allegedly infringed;

b. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);

c. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tracer to locate the material on the Website;

d. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

e. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

f. the complaining part’s contact information including name, address, telephone number, and e-mail address (if available).

 

LICENSE AND SITE ACCESS

The Website grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Website. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. 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 express written consent of the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Website logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including bearing full and complete responsibility for any purchases made through your account. If you are under 18, you may use our Website only with involvement of a parent or guardian. the Website and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

IMAGES, VIDEO CLIPS, OTHER CONTENT AND EMAILS

You may upload images, video clips, other content and emails in order to purchase the PRODUCTS and services offered on the Website, so long as the content is not illegal, obscene, pornographic, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses (including worms, Trojan horses or other disruptive bugs), political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. The Website reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you post images, video clips and other content or submit material, and unless we indicate otherwise, you grant the Website and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Website and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify the Website or its associates for all claims resulting from content you supply. The Website has the right but not the obligation to monitor and edit or remove any activity or content. The Website takes no responsibility and assumes no liability for any content posted by you or any third party.

 

MEDIA STORAGE:

The Website is not designed to be used as a disaster recovery or emergency data storage facility and should never be used as such. It is your sole responsibility to keep copies of your photos and/or videos as backups prior to posting or uploading any images or other content or materials to the Website.


PRODUCT DESCRIPTIONS

The Website and its associates attempt to be as accurate as possible. However, the Website does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Website itself is not as described, your sole remedy is to return it in undamaged condition for a credit or refund at our discretion.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, 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, THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS 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.
THE WEBSITE, TRACER AND ITS SERVICE PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY.

 

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE WEBSITE, TRACER AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.

 

APPLICABLE LAW

By visiting the Website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you, Tracer and the Website or its associates.

 

DISPUTES

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website or to any other matters connected to the Website or its services must be resolved before the Courts of the State of New York. The Website may seek injunctive or other appropriate relief in any state or federal court in the state of New York, United States of America and you irrevocably consent to exclusive jurisdiction and venue in such courts.

Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Website, this Agreement, any transaction through the Website or any related matters must be commenced in a court of competent jurisdiction in the state of New York within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy policy, posted on the Website. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.

 

QUESTIONS:

Questions regarding our Terms and Conditions of Usage, Privacy Policy, or other policy related material can be directed to our Customer Care department by clicking on the "Contact Us" link on the Website.

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