Last Updated: April 2010
1. This is an agreement ("Agreement") between you and picturesofplaces.com. This Agreement governs your use of picturesofplaces.com.
THE PICTURESOFPLACES.COM WEBSITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF PICTURESOFPLACES.COM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. picturesofplaces.com reserves the right to change the terms, conditions, and notices under which it offers picturesofplaces.com. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on picturesofplaces.com. Your continued use of picturesofplaces.com after the effective date of such changes constitutes your acceptance of and agreement to such changes.
2. picturesofplaces.com may itself contain additional terms that further govern use of picturesofplaces.com, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within picturesofplaces.com (other than the picturesofplaces.com Member Agreement) then the terms in this Agreement shall control.
3. You will not use picturesofplaces.com in any way that is unlawful, or in any way that harms its members, advertisers, or sponsors or the customers, clients or associates of picturesofplaces.com as determined by the sole discretion of picturesofplaces.com. picturesofplaces.com may tell you about certain specific harmful uses in a code of conduct or other notices available through picturesofplaces.com, but has no obligation to do so. You may not use picturesofplaces.com in any way that breaches any code of conduct, policy or other notice applicable to picturesofplaces.com. Without limiting the generality of this section, you may not use picturesofplaces.com in any manner that could damage, disable, overburden, or impair picturesofplaces.com or the network(s) connected to any picturesofplaces.com or interfere with any other party's use and enjoyment of picturesofplaces.com.
4. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the picturesofplaces.com website or service any materials that violate another party's intellectual property rights. If you believe that your own copyrighted work is accessible on the picturesofplaces.com website please inform us at firstname.lastname@example.org and we will request further information related to your claim.
5. picturesofplaces.com does not warrant or guarantee the accuracy or timeliness of any information available from picturesofplaces.com or from third party sites linked to from picturesofplaces.com (including, but not limited to, sites of advertisers or sponsors).
6. PICTURESOFPLACES.COM IS PROVICED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MINDTRAVELLERS INC. MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PICTURESOFPLACES.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF PICTURESOFPLACES.COM WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
7. IN NO EVENT WILL PICTURESOFPLACES.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF PICTURESOFPLACES.COM, EVEN IF PICTURESOFPLACES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 6 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH PICTURESOFPLACES.COM, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST PICTURESOFPLACES.COM WITH RESPECT TO THIS AGREEMENT OR PICTURESOFPLACES.COM, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PICTURESOFPLACES.COM.
8. PICTURESOFPLACES.COM MAY CHANGE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use picturesofplaces.com, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by picturesofplaces.com and persons other than picturesofplaces.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 5 AND 6, YOU ACKNOWLEDGE AND AGREE THAT PICTURESOFPLACES.COM OR THIRD PARTIES PROVIDING CONTENT ON PICTURESOFPLACES.COM ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 5 AND 6, YOU ACKNOWLEDGE AND AGREE THAT PICTURESOFPLACES.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF PICTURESOFPLACES.COM, (2) ANY INCOMPATIBILITY BETWEEN PICTURESOFPLACES.COM AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH PICTURESOFPLACES.COM IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON PICTURESOFPLACES.COM. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 5, 6 AND 7 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
9. picturesofplaces.com may terminate this Agreement, or terminate or suspend your access to picturesofplaces.com at any time, with or without cause, with or without notice.
10. This agreement is governed according to the laws of the province of Manitoba, Canada.
11. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Picturesofplaces.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in picturesofplaces.com. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and picturesofplaces.com with respect to picturesofplaces.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and picturesofplaces.com with respect to picturesofplaces.com.
12. picturesofplaces.com is Copyright © 1999-2008. All text and graphics (not pictures) on picturesofplaces.com are subject to the copyrights of picturesofplaces.com, except where explicitly otherwise stated. picturesofplaces.com owns the copyrights in the selection and arrangement of the materials on this site. These materials may not be copied, distributed, modified, reposted to other sites or reproduced in any other medium without the written consent of picturesofplaces.com. picturesofplaces.com generally does not own copyright on any picture or photo on picturesofplaces.com or on any site in its directory of third-party sites. The use of any picture or photo on picturesofplaces.com or on any third-party site in its directory is subject to the copyright stipulations of the individual copyright owner.