Terms of Use

 

Welcome to Shuttersalt! The following page consists of Shuttersalt's Terms of Use (“TOU”). Please review these terms and conditions before using Shuttersalt. For purposes of this TOU “Shuttersalt” means and includes the website located at located at http://www.shuttersalt.com and its creators, owners, proprietors, agents and representatives. Shuttersalt.com is sometimes referred to in this TOU as the “Site.”

 

1. You must comply with all the terms of the TOU in order to use the Site;

 

2. You must not use Shuttersalt or the services it provides to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others;

 

3. You must not use Shuttersalt or the services it provides for any illegal or unauthorized purpose; International users agree to comply with all local laws regarding online conduct and acceptable content;

 

4. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photographs, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through Shuttersalt or the services it provides;

 

5. You must not modify, adapt, reverse engineer, or hack the Site or its services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with Shuttersalt;

 

6. You must not create or submit unwanted email to any of Shuttersalt's users ("Spam");

 

7. You must not transmit any worms or viruses or any code of a destructive nature;

 

8. You must not, in the use of Shuttersalt or the services it provides, violate any laws in your jurisdiction (including, but not limited to, proprietary rights, rights of publicity or privacy and copyright laws).

 

Violation of any of provisions of this TOU will result in your expulsion from Shuttersalt. While Shuttersalt prohibits such conduct and content on its Site, you understand and agree that Shuttersalt cannot be responsible for the Content posted on its Site by users, and you nonetheless may be exposed to such materials and that you use Shuttersalt and the services it provides at your own risk.

 

General Conditions

 

1. We reserve the right to modify or terminate the services provided by Shuttersalt for any reason, without notice, at any time;

 

2. We reserve the right to alter this TOU at any time, for any reason, at our sole discretion.

 

3. We reserve the right to refuse service to anyone for any reason at any time;

 

4. We may, but have no obligation to, remove Content that we determine in our sole discretion are advertisements, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights or this TOU. In addition, you agree that any Content you provide shall not contain any advertisements or links to any of your affiliate websites (directly or indirectly – such link, an "Affiliated Link"), and you agree that whether any such link constitutes an Affiliated Link shall be determined by Shuttersalt, in its sole discretion;

 

5. We encourage you to use discretion while browsing the Internet using links initiated at the Site. Links presented on the Site may unintentionally lead to other sites containing information that some people may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel or defamation laws;

 

6. For information on Shuttersalt's privacy policy, please visit Privacy Policy.

 

Proprietary Rights

 

1. Shuttersalt's Trademarks. Unless there is a written agreement between you and Shuttersalt, you understand and agree that nothing in this TOU gives you the right to use Shuttersalt's trademarks, trade names, service marks, logos, domain names, and any other distinctive brand features;

 

2. Shuttersalt does not claim ownership of Content you submit or make available for inclusion on Shuttersalt. However, with respect to Content you submit or make available for inclusion on Shuttersalt, you grant Shuttersalt a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Shuttersalt solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on Shuttersalt and will terminate at the time you remove or Shuttersalt removes such Content from the Site.

 

3. You can notify Shuttersalt of possible copyright infringement. Shuttersalt undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

 

a. A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

 

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

c. A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Shuttersalt to locate the material;

 

d. Your contact information, including your address, telephone number, and email;

 

e. A statement by you that you have 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, and;

 

f. A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or

intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;

 

g. Digital Millennium Copyright Act (DMCA) notifications can be sent to info AT shuttersalt.com;

 

4. By submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to Shuttersalt, you agree to grant Shuttersalt permission to use or disclose (or choose not to use or disclose), without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. In order to allow Shuttersalt to use your User Comments, you acknowledge and agree that:

 

a. Shuttersalt is not under any obligation of confidentiality, express or implied, with respect to such User Comments;

 

b. Shuttersalt may have under consideration or in development something similar to such User Comments already;

 

c. You are not entitled to any compensation or reimbursement of any kind from Shuttersalt under any circumstances for such User Comments.

 

Site Management

 

Without limiting any other remedies, Shuttersalt may suspend or terminate your use of the Site if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of the terms of this TOU.

 

Limitations and Exclusions

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN OUR JURISDICTION WILL APPLY TO YOU, AND SHUTTERSALT’S LIABILITY AND THAT OF ITS OWNERS WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.

 

1. DISCLAIMER OF WARRANTIES.

 

SHUTTERSALT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR THE SERVICES.

 

b. SHUTTERSALT DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE OR ANY OF ITS SUBPAGES;

 

ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY VISITOR OF THE SITE;

 

ANY AND ALL RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR

MATERIAL;

 

AND ANY AND ALL RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SITE OR ANY OF ITS SUBPAGES.

 

YOUR USE OF SHUTTERSALT’S SERVICES IS AT YOUR SOLE RISK. SHUTTERSALT’S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHUTTERSALT MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

 

2. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES WILL SHUTTERSALT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS TOU, THE SITE, THE SERVICES, THE USE OF THE SITE OR SHUTTERSALT’S SERVICES, OR THE INTERNET GENERALLY, INCLUDING,

WITHOUT LIMITATION:

 

YOUR USE OR INABILITY TO USE THE SITE AND/OR ITS SERVICES;

 

ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR ITS SERVICES;

 

ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA;

 

ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED;

 

ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR ITS SERVICES;

 

OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR ITS SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT SHUTTERSALT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON

SHUTTERSALT, THE SITE AND/OR ITS SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ITS SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND/OR ITS SERVICES.

 

Indemnification

 

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY SHUTTERSALT, ITS OWNER(S), PROPRIETOR(S), AGENT(S), AND REPRESENTATIVE(S), FROM

AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO:

 

1. THE CONTENT YOU SUBMIT, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE THROUGH SHUTTERSALT’S SERVICES;

 

2. ANY VIOLATION BY YOU OF THIS TOU; OR

 

3. ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER.

 

Miscellaneous

 

1. The terms of the sections labeled “Basic Terms”, "General Conditions," "Proprietary Rights," “Site Management”, "Limitations and Exclusions," "Indemnification," and "Miscellaneous" shall survive any termination or expiration of this TOU;

 

2. This TOU shall be governed by and construed in accordance with the laws of the State of California. You and Shuttersalt agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from this TOU. Notwithstanding the foregoing, you agree that Shuttersalt shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction;

 

3. No waiver of any term, provision or condition of this TOU in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if Shuttersalt does not exercise or enforce any legal right or remedy which is contained in this TOU (or which Shuttersalt has the benefit of under any applicable law), this will not be taken to be a formal waiver of Shuttersalt's rights and that those rights or remedies will still be available to Shuttersalt;

 

4. This TOU constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and Shuttersalt’s services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site and Shuttersalt’s Services;

 

5. If any action in law or in equity is necessary to enforce the terms of this TOU, the prevailing party will be entitled to actual fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled;

 

6. The provisions of this TOU are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or un-enforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof;

 

7. No provisions of this TOU are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this TOU; except that section labeled "Indemnification" is intended to benefit Shuttersalt and its owners, proprietors, agents and representatives.

 

8. Shuttersalt may assign its rights and duties under this TOU to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under this TOU without the prior written consent of Shuttersalt;

 

9. You agree that Shuttersalt may provide you with any notices by e-mail, regular mail, or postings through the Site.