Terms and Agreements

I. Application

By subscribing to our service, you accept the terms and conditions stated below, which govern the relationship between ... and its subscribers with respect to the Service. The PortfolioService is provided by ....

The following Terms and Conditions ("Terms") are applicable to .... The ... website is referred to generically herein as the "Website". The services provided by ... via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by ... from time to time. The Terms and any applicable policies comprise the entire agreement between you and ... and supersede all prior agreements regarding the subject matter contained herein.

... reserves the right to make changes to the ... service, site, policies, and these Terms and Conditions 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.

The subscriber agrees to have been clearly informed about the ... Service and about the service limitations of the ... Service.

The subscriber has access to his/her account information only via the website.

II. Definitions

Subscriber : A subscriber is an end-user of the ... services. A user becomes a subscriber after fulfilling the conditions of subscription described below. Subscribers have a contractual relationship with ... .

Service : ... makes various services available on the Website including, but not limited to, the capability to create, post and exchange digital files. Fees for the various services are set out in the Service Fees and/or FAQ on the Website. You are solely responsible for providing, at your own expense: (i) all equipment, including a computer and modem; and (ii) your own Internet access.

III. Subscription

... reserves the right to refuse subscriptions or to request more information before approving the subscription. The subscription can always be terminated by ... with immediate effect if the subscriber fails to meet one or more of his/her obligations as described in the presents Terms and Conditions.

After termination of the subscription by ..., as described above, the subscriber shall have 15 days to download his/her photos (except if the termination is due to the subscriber’s fault). After this 15-days period the photos shall no longer be available.

The subscriber agrees to keep user name and password information strictly confidential. The subscriber will be fully responsible for all activities that occur under his or her user name and password.

IV. Subscriber’ Obligations

The subscriber agrees:

Subscribers agree to indemnify and hold ... harmless from any claim, including reasonable attorney's fees, made by any third party due to or arising out of content they submit or make available to or through ..., their use of ..., or their violation of any rights of any third party.

V. Limitation of Liability

V.I. Storage of photos

Any photos downloaded or otherwise obtained through the use of ... is done at the subscriber's discretion and risk and the subscriber will be solely responsible for any damage to its computer system or loss of data that results from the download of such content.

... shall use state-of-the-art technology and procedures and shall make all reasonable efforts to store photos upon request of the subscriber and keep them during the period agreed between ... and the subscriber and until termination of the agreement between ... and the subscriber.

... shall use state-of-the-art technology and procedures and shall do all reasonable efforts to process the submitted photos according to the service specifications, and to provide online access to the stored photos on first request of authorised users.

V.II. Security of ... service

... shall make all reasonable efforts to incorporate state-of-the-art security procedures to help ensure the security, integrity and privacy of photos stored at .... However, ... cannot take liability for fraud or wilful misconduct of any party and therefore disclaims any warranty of security, integrity or privacy regarding the ... services beyond the security measures taken.

Subscribers agree that ... will not be liable for any losses incurred because of someone else using their password or account, either with or without their knowledge, and furthermore, that ...has no obligation to monitor its user's activities or use of its services.

V.III. Photos

... shall not be liable for photos that are submitted to ... .

In particular, subscribers shall be solely liable for the accuracy, legality, authenticity, completeness or fitness of photos they present, store, upload, make available to and via ... , in any jurisdiction in which such content may be used or viewed.

While storing photos, ... does not control or review the photos. ... reserves the right to remove content from its servers at its sole discretion and without incurring any liability or responsibility for any loss or expenses arising out of such removal, if it would obtain actual knowledge of illegal activity or illegal content or if it is aware of facts or circumstances from which the illegal activity or content is apparent.

V.IV. Availability – End of the ... service

... uses advanced monitoring, alerting and data backup in order to achieve a high availability of service. This implies that ... will react on service irregularities and will provide a solution ASAP. However, ... makes no express or implied warranties or representations that the operation of its services shall be uninterrupted, and ... shall not be liable for the consequences of any interruptions as a result of, but not limited to, acts of nature, maintenance of the service, technology failures, Internet or server malfunctions, or other unforeseen events.

If ... decides to terminate the ... service, ... shall make reasonable efforts to provide notice of its intention to terminate the service. ... shall make reasonable efforts to allow subscribers downloading and recovering their photos. The immediate termination by ... of the subscription as described above, will never, for whatever reason, give rise to any compensation to the subscriber.

V.V. Access to Third Party Websites - Hyperlinks

... is not responsible for the content of any third party website which you access through the ... service. If you decide to access any such third party website, you do so entirely at your own risk.

V.VI. General Use of ... service

Except for fraud or wilful misconduct, ... shall in no event be liable for any indirect, incidental or consequential damages, or for any loss of profits, loss of data, or other indirect, consequential or punitive damages arising from or in connection with the use of, delivery, performance or non performance of the ... services contemplated by this subscriber agreement.

On no event will the liability of ... to all parties (including subscribers) per ... account exceed the amount of the price of an annual ... subscription.

VI. Intellectual Property Rights of ...

You are granted you a limited license to access and make strictly personal use of the ... service but not to download or modify it or any portion of it, except with the express written consent of .... This license does not include any commercial use of this site or its contents. The ... site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without express written consent of ....

Use of the trademark, trade name or any other distinctive sign of ... is not allowed.

Any unauthorized use terminates the permission or license granted by ....

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to ... albums and direct links to photos hosted by ... so long as the links do not portray ... in a false, unfavorable or misleading manner.

VII. Copyright of the content

No Copyrighted material (text, pictures, audio) may be uploaded or submitted to ... without the permission of the copyright owner or persons authorized by the copyright owner.  You are the solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material on ...

Starter users acknowledge that content, including, but not limited to text, music, sound, photographs, video, graphics or other materila contained on the Website ("Content") is owned or licensesd by ... and other third parties and is proteced by copyrights, trade-marks and/or other rights and laws.   Contrary to Starter users, the content on the uploaded by 'Members' or 'XL Members' are owned by the users paying the license fee for a photoblog subscription.  The content on ... may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without express written concent of ... and/or other third parties.

XIII. Personal Data Protection

You are informed that ... stores the personal information, filled in by you during registration, and retained in a data file and you explicitly agree that this information is used by ... for the purpose of customer management and access control towards the ... services.

This data file is reported as required to the Belgian Commission for the Protection of Privacy. The content of the personal information can be accessed and corrected by the subscriber. For more information, please read the ... Privacy Statement.

XVI. Governing law and dispute resolutions

The Belgian law shall govern the enforceability, construction, interpretation, and validity of this subscriber agreement. Any dispute shall be submitted exclusively to the Courts of Ghent (Belgium).

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