The Printzone, by TDako Photography
WEB SITE TERMS OF USE
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms of use (“Site Terms”) apply to your access to, and use of, the Web site of The Printzone, by TDako Photography (“TDako Photography, The Printzone,” “we,” “our,” or “us”), located at http://printzone.tdako.com (the “Site”). These Site Terms do not alter in any way the terms and conditions of any other agreement you may have with TDako Photography, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify TDako Photography for violations of these Site Terms by you or others on behalf of such entity.
1. Privacy Policy
Please refer to our Privacy Policy for information on how TDako Photography collects, uses and discloses personally identifiable information from its users.
2. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the TDako Photography logo, and all designs, text, graphics, user interfaces, visual interfaces, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of TDako Photography or its licensors or users and are protected by U.S. and international copyright laws and various other intellectual property rights and unfair competition laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials, provided that you (a) do not remove any proprietary notice language in any copies of such documents; (b) use such information for your own personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast in any media; (c) make no modifications to any such information; (d) do not use any data mining, robots or similar data gathering or extraction methods; (e) do not download (other than page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly provided on the Site; and (f) do not use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of TDako Photography, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. Any use of the TDako Photography software provided to you with a TDako Photography product or otherwise downloaded from the Site is governed by the TDako Photography End User License Agreement.
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, TDako Photography has adopted a policy of terminating, in appropriate circumstances and at TDako Photography’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. TDako Photography may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: TDako Photography
Full Address of Designated Agent to Which Notification Should be Sent: Praagsingel 93, 2548 TT The Hague, Netherlands
Telephone Number of Designated Agent: +31.614 239 301
E-Mail Address of Designated Agent: info@tdako.com
Any information provided by you in your notification (including any personal information contained therein) may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
5. Trademarks
TDako Photography® and other TDako Photography marks, logos and any other product or service name or slogan contained in the Site are trademarks of TDako Photography and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TDako Photography or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “TDako Photography,” “TDako Photography,” “TDako Photography America Corp,” or any other name, trademark or product or service name of TDako Photography without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TDako Photography and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
6. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray TDako Photography or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a TDako Photography logo or other proprietary graphic of TDako Photography to link to this Site without the express written permission of TDako Photography. Further, you may not frame or utilize framing techniques to enclose any TDako Photography trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without TDako Photography’s express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of TDako Photography or any third party. TDako Photography makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites linking to the Site.
7. Third Party Content
TDako Photography may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”). TDako Photography does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. TDako Photography makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party Web sites accessible from the Site, or Web sites linking to the Site. TDako Photography does not represent or warrant the accuracy of any information contained in any third party Web site and undertakes no responsibility to update or review any Third Party Content. If you decide to use such Third Party Content or access a third party web site through the Site, you do so at your own risk.
8. Advertisements and Promotions; Third-Party Products and Services
TDako Photography may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. TDako Photography is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-TDako Photography advertisers or third party information on the Site.
9. Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, TDako Photography or TDako Photography’s products or services that are provided by you in the form of email or other submissions to TDako Photography, or any postings on the Site are non-confidential and shall become the sole property of TDako Photography. TDako Photography shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. User Content and Interactive Services or Areas
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site: (a) any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) any User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (c) any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) unsolicited promotions, political campaigning, advertising or solicitations; (f) private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) viruses, corrupted data or other harmful, disruptive or destructive files; and (h) any User Content that, in the sole judgment of TDako Photography, would otherwise restrict or inhibit any other person from using or enjoying the Interactive Areas or the Site, or which may expose TDako Photography or its users to any harm or liability of any type.
By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. TDako Photography takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TDako Photography liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, TDako Photography is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at TDako Photography’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Although TDako Photography has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, TDako Photography reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect TDako Photography’s systems and customers, or to ensure the integrity and operation of TDako Photography’s business and systems, TDako Photography may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. TDako Photography’s right to disclose any such information shall govern over any contrary terms of TDako Photography’s Privacy Policy.
If you post User Content to the Site, unless we indicate otherwise, you grant TDako Photography and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant TDako Photography and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (x) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, (y) the User Content is accurate and not misleading, and (z) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
11. Registration Data; Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to TDako Photography, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TDako Photography.
12. Press Releases
The information contained within press releases issued by TDako Photography should not be deemed accurate or current except as of the date the release was posted. TDako Photography has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
13. Indemnification
You agree to defend, indemnify and hold harmless TDako Photography, its affiliated companies and their independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of the Interactive Areas, your conduct with respect to the Site, your violation of these Site Terms or your violation of the rights of any third party.
14. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TDako Photography, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TDako Photography AND ITS AFFILIATES COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, THE INFORMATION, CONTENT AND ALL OTHER MATERIALS IN THE SITE. NEITHER TDako Photography NOR ITS AFFILIATED COMPANIES REPRESENT OR WARRANT THAT MATERIALS IN THE SITE, THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Limitation of Liability
IN NO EVENT SHALL TDako Photography, ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT) OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM TDako Photography OR ITS AFFILIATED COMPANIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TDako Photography’S RECORDS, PROGRAMS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TDako Photography OR ITS AFFILIATED COMPANIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TDako Photography OR ITS AFFILIATED COMPANIES FOR ACCESS TO OR USE OF THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
16. Applicable Law; Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the Netherlands applicable to agreements made and to be entirely performed within the Netherlands without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in the Hague, Netherlands and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
17. Termination
Notwithstanding any of these Site Terms, TDako Photography reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
18. Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then such: (a) provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) provision will be void to the extent it is held to be invalid or unenforceable; (c) provision will remain in effect to the extent that it is not invalid or unenforceable; and (d) invalidity or unenforceability will not affect any other provision of these Site Terms.
19. Modifications
TDako Photography reserves the right to change or modify any of the terms and conditions contained in the Site Terms, any policy or guideline of the Site, and any and all content contained in the Site or Services offered through the Site at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
20. Questions & Contact Information
Questions or comments about the Site may be directed to TDako Photography at the email address info@tdako.com or by calling us at +31.614 239 301.
