OMC Communication LLC respects your rights
Last Updated: April 2, 2008
(replaces and takes precedence over any previous versions)
OMC Communication LLC, a California limited liability company, owns and operates
the thegoodphoto.com website, www.thegoodphoto.com (hereafter, the "Site" or "www.thegoodphoto.com" which
shall also include any electronic communications related to the OMC Communication
LLC). If you are under the age of 18, you may not use the products or services
provided on the Site, unless you are under the direct supervision of your parents
or guardians. All references hereafter to OMC Communication LLC shall where
appropriate include, its employees, officers, directors, investors, agents,
consultants, assignees, affiliates, partners, contractors, attorneys, accountants,
advertisers, and any and all other individuals and organizations providing
services on behalf of OMC Communication LLC.
By
using the Site, you, the user of the Site ("you"), agree
to the terms, conditions, notices and guidelines contained in this
Terms and Conditions of Use Agreement (the "Agreement")
and all modifications hereto. Please email any questions regarding
this Agreement - rolf@thegoodphoto.com or to rolf@omc-llc.com. You
may have this same information sent to you by mail by sending a
letter to OMC Communication LLC, 7561 Center Avenue #32, Huntington
Beach, CA 92647.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
THIS WEBSITE IS A PLATFORM TO SHOW AND OFFER PHOTOGRAPHY.
A SPECIAL NOTE ABOUT CHILDREN: Children are not eligible to use this website.
OMC Communication LLC asks that minors (under the age of 18) use this website
only in conjunction with your parents or guardians.
1. Intellectual Property: The Site and all of its content including, but not
limited to, texts, articles, commentaries, reviews, other text, photographs,
illustrations, graphics, product names, designs, logos (collectively, "the
Intellectual Property") are protected by copyright, trademark, and other
laws of the United States, as well as international conventions and the laws
of other countries. The Intellectual Property is owned or controlled by OMC
Communication LLC or the party credited as the provider or owner of the Intellectual
Property. The compilation (meaning the collection, arrangement, and assembly)
of all content on the Site is the exclusive property of OMC Communication LLC
and protected by U.S. and international copyright laws. All software used on
the Site is the property of OMC Communication LLC or commercial software suppliers
and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or
print material appearing on the Site subject to the following conditions:
* The material may only be used for your personal, non-commercial use;
* The material may not be modified, except as noted in this paragraph;
* All copyright, trademark, and other proprietary notices contained in all
such copies must be kept intact; and
* "The copyright notice and permission notice: "Copyright © 2008
OMC Communication LLC -www.thegoodphoto.com, All rights reserved. Protected
by the copyright laws of the United States and international treaties" must
appear on each copy.
The copying, modification, revision, reproduction, republication, uploading,
posting, transmission, or distribution for commercial or non-personal purposes
of any other material or element from the Site including, but not limited to,
the design or layout of the Site, individual elements of the Site's design,
without the express written permission of OMC Communication LLC, or other owners
of the Intellectual Property is strictly prohibited. For purposes of this Agreement,
the use of any such material on any other website or networked computer environment
is prohibited.
THE TEXTS MAY BE USED OR MODIFIED FOR USE IN CONJUNCTION WITH A DISCRETE PERSONAL
TRANSACTION, BUT THEY MAY NOT BE REPRODUCED, REPUBLISHED, UPLOADED, POSTED,
TRANSMITTED, DISTRIBUTED, OR OTHERWISE DISSEMINATED FOR ANY OTHER PURPOSE WHATSOEVER,
REGARDLESS OF WHETHER FOR PROFIT OR NOT FOR PROFIT.
2. User Submissions: Any messages, suggestions, ideas, or concepts that are
submitted through the Site shall become, and remain, the property of OMC Communication
LLC. You agree that any submissions, in whole or in part, may be used by OMC
Communication LLC or any of its affiliates for any purpose including modification,
reproduction, transmission, publication, broadcast, and posting. You additionally
agree that OMC Communication LLC is free to use any ideas, concepts, techniques,
or know-how contained in any communication you send to the Site for any purpose
whatsoever including, but not limited to, developing, manufacturing, marketing,
and selling products and services based upon such information without any obligation
to compensate you or anyone else for them. By making such submissions, you
are assigning and transferring any and all right, title and interest in those
submissions to OMC Communication LLC, including any moral rights. You represent
and warrant by submitting any materials that such submission does not infringe
any third-party intellectual property rights. Do not transmit any unlawful,
threatening, libelous, defamatory, obscene, pornographic, or profane material,
or any other material that could constitute or encourage conduct that could
be considered a criminal offense or violate any law. Further, you agree not
to use any facilities or resources available on or through OMC Communication
LLC to perpetrate prohibited conduct, whether against OMC Communication LLC
or any other third party. Examples of prohibited conduct include, but are not
limited to chain letters, pornography, or other communication that creates
a nuisance or is otherwise offensive to the recipient.
PHOTOGRAPHERS, ESTATES AND RIGHTS HOLDERS RETAIN FULL COPYRIGHT OVER THEIR
SUBMISSIONS AND CREDIT LINES ARE DISPLAYED.
OMC Communication LLC has the sole discretion over which organizations, photographers,
themes and any other content are to be included and displayed on the Site and
content will change over time. Inclusion on the Site at any time does not imply
any right over future inclusion.
3. Trademarks: The trademarks, logos, and service marks, including but not
limited to OMC Communication LLC (collectively, the "Trademarks")
displayed on the Site are the Trademarks of OMC Communication LLC, and others.
Nothing contained in the Site should be construed as granting by implication,
estoppel or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of OMC Communication LLC or the
third party that owns the Trademarks displayed on the Site. Your use of the
Trademarks displayed on the Site, or any other content on the Site, except
as provided in this Agreement, is strictly prohibited.
4. User Responsibilities: If you choose to become a registered user of any
of part of the Site, you agree that you will provide true, accurate, current
and complete information about yourself as prompted by the registration process.
You also agree to update that information as necessary to maintain its accuracy.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or if OMC Communication LLC has reason to believe such information is untrue,
inaccurate, not current or incomplete, OMC Communication LLC has the right
to suspend or terminate your account and refuse you any or all current and
future use of any of the Site, or the services OMC Communication LLC offers.
5. Privacy: By accepting this Agreement, you expressly consent to our use of
your personal information as explained in the Privacy policy, which is incorporated
herein by reference.
6. Limits on Liability: OMC Communication LLC is not liable for:
* The contents of any communication, message, or other information sent by
you or third parties to OMC Communication LLC, or posted by you or other third
parties on any part of the Site;
*
The contents of any website not controlled, owned, or operated by
OMC Communication LLC that is accessed from or linked to any part
of the Site;
*
Any damages or injury caused by, including but not limited to, any
failure of performance, error, omission, interruption, defect, delay
in operation of transmission, computer virus, or line failure; and
*
Any direct, indirect, incidental, special, or consequential damages
arising out of or relating to use of or inability to use any of
the Site, or download any of the software through any of the Site,
even if OMC Communication LLC has been advised of the possibility
of such damages. If you are dissatisfied with any portion of any
of the Site, or with any of these Terms of Service, your sole and
exclusive remedy is to discontinue using the Site.
The
Site may include links to other Internet sites, both related and
unrelated to the Site, which may be of interest to users. Additionally,
other sites may link to the Site with or without the permission
of OMC Communication LLC. OMC Communication LLC is not responsible
for the content or availability of these sites. Descriptions of
or references to individuals, companies, products, or publications
not owned by OMC Communication LLC on the Site or any linked website
do not imply any endorsement of such individuals, companies, products,
or publications by OMC Communication LLC. OMC Communication LLC
shall not be liable for any damages or costs arising out of or in
any way connected with your use or involvement with any of the individuals,
companies, services, or publications accessed through the Site.
7. Indemnification: You agree to indemnify and hold OMC Communication LLC,
its partner companies, its directors, officers, employees, agents and representatives
harmless from all claims, liabilities, losses, damages, and expenses (including
attorneys' fees and expenses) arising out of or relating to (a) your use of
any parts of the Site; (b) your use of any products or services offered by
third-parties through the Site; (c) your download and/or use of any of the
software available for download through any part of the Site; or (d) your alleged
breach of this Agreement
8. Disclaimer of Warranties: The information, texts, photographs, graphics,
materials, services, and products (including the products and services offered
through the Site and provided by third parties) included on any part of the
Site may include inaccuracies, typographical errors, bugs, and other problems.
OMC Communication LLC may make changes or improvements to the Site at any time.
ALL OF THE CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OMC Communication
LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
OMC Communication LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
WEBSITE OR IT'S CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH
THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMC Communication LLC DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT
OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND
SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA,
ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES
OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY
FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
9. Termination: In addition and without prejudice to any other legal or equitable
remedies available to OMC Communication LLC, OMC Communication LLC may terminate
this Agreement at any time and for any reason whatsoever. You may terminate
this Agreement by closing your account with OMC Communication LLC, and paying
any and all outstanding balances owed by you to OMC Communication LLC under
that account.
10. Arbitration/Jurisdiction: This Agreement will be governed by and construed
in accordance with the internal laws of the State of California, excluding
that body of laws known as choice of law or conflict of laws. Subject to the
provisions of this Section, all disputes, controversies or claims arising out
of or relating to this Agreement will be resolved through mandatory binding
arbitration conducted in Los Angeles, CA before J.A.M.S./ENDISPUTE or its successor
("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C.
Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration
will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined
Arbitration Rules and Procedures in effect at the time of filing of the demand
for arbitration (the "JAMS Rules"), subject to the provisions of
this Section. The terms set forth in this Agreement will control in the event
of any inconsistency between such terms and the JAMS Rules. The parties will
cooperate with JAMS and with each other in promptly selecting a single arbitrator
from JAMS's panel of neutrals. If the parties fail to so select an arbitrator
within thirty (30) days following the date of either party's notice of demand
to conduct arbitration, then JAMS will appoint an arbitrator in accordance
with the JAMS Rules. The award of the arbitrator will be in writing and will
set forth findings of fact and conclusions of law. Judgment on the arbitrator's
award will be final and binding upon the parties and may be entered in any
court having jurisdiction thereof. If for any reason JAMS or its successor
no longer is in business, then the arbitration shall be conducted in accordance
with the commercial arbitration rules of the American Arbitration Association.
The arbitrator's fees will be shared equally by the parties and each party
will bear its own costs and attorneys' fees. All papers, documents, or evidence,
whether written or oral, filed with or presented in connection with the arbitration
proceeding will be deemed by the parties and by the arbitrator to be confidential
information of both parties. The arbitrator chosen in accordance with these
provisions will not have the power to alter, amend or otherwise affect the
terms of these arbitration provisions or the provisions of this Agreement.
Notwithstanding the foregoing, nothing in this Section shall prevent either
party from applying for and obtaining from a court a temporary restraining
order and/or other injunctive relief.
The Site is owned and operated by OMC Communication LLC from the State of California,
United States of America. OMC Communication LLC makes no representation that
content on any part of the Site is appropriate or available for use in other
locations. Those who choose to access any part of the Site from other locations
do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. The Site may contain
references to products or services not available in all countries. OMC Communication
LLC does not market all of its products or services in all countries. Software
from any part of the Site may be subject to U.S. and Canadian export controls.
11. Copyright Complaints: OMC Communication LLC respects the intellectual property
of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making Claims
of Copyright Infringement.
12. Miscellaneous: This Agreement constitutes the entire agreement between
the parties, and supersedes all prior written or oral agreements or communications
with respect to the subject matter herein. Sections 1, 2, 3, 5, 6, 7, 10, 11,
12, 13, 14, and 15 of this Agreement shall survive any termination or cancellation
of this Agreement. If any term of this Agreement is declared unlawful, void
or for any reason unenforceable by any court, then such term will be deemed
severable from the remaining terms and will not affect the validity and enforceability
of such remaining terms. The section headings in this Agreement are for convenience
only and must not be given any legal import. This Agreement may be assigned
by OMC Communication LLC at any time.
A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial proceedings or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
13. Equal Opportunity Employer: OMC Communication LLC reserves the right to
post information about employment opportunities with the company on any part
of the Site. OMC Communication LLC is an equal opportunity employer, employing
people without paying attention to race, sex, religion, nationality, age or
disability.
14. Notification of Changes: OMC Communication LLC will occasionally update
this Agreement. When we do, we will also revise the "Last Updated" date
at the top of this Agreement. If we make any material changes to this Agreement,
we will post a prominent notice on our web site notifying users of the change.
In some cases where we post the notice, we also email users, notifying them
of the changes. Visitors to the Site should periodically check for changes
to this Agreement. Your continued use of the Site following the posting of
changes to this Agreement means you accept those changes.
15. Contact Information: The Site is owned and operated by OMC Communication
LLC 7561 Center Avenue #32, Huntington Beach, CA 92647
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