Terms and Conditions of World Picture Network - WpN Website

THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE WORLDPICTURENEWS.COM WEB SITE (THE "WEB SITE"). PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE AND SERVICE. BY USING THE WEB SITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS. WORLD PICTURE NETWORK LLC (THE "COMPANY" OR "WpN") MAY REVISE THE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS, BECAUSE THEY ARE BINDING ON YOU. THE TERMS "YOU" AND "USER" AS USED HEREIN REFER TO ALL INDIVIDUALS AND/OR ENTITIES ACCESSING THIS WEB SITE FOR ANY REASON. TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE WPN PHOTOGRAPHER AGREEMENT AND IMAGE PURCHASER AGREEMENT, BOTH LOCATED ON OUR WEB SITE, WORLDPICTURENEWS.COM.

1. Ownership / Credit
All content included on the Web Site, such as photographs, illustrations, images, text, audio clips, video clips, algorithms and software (referred to as "Content") is owned or licensed by Content providers or by WpN. All Content is protected by US and International copyright laws. For the protection of WpN and our Content providers, all Images submitted or licensed may be digitally watermarked

2. Establishing an Account / Passwords and Security
To establish an account, users must provide WpN with certain account information including but not limited to their real name and valid e-mail address. Photographers/Image Purchasers may not transfer their account to another person, share it with anyone or use it to impersonate anyone. Registered Users agree to provide WpN with accurate information and will update their account information if it becomes outdated. Such Users will receive a password and account designation upon completing the WpN registration process. Registered Users are responsible for maintaining the confidentiality of their password and account. Users are fully responsible for all activities that occur under their password and/or account. You agree to immediately notify WpN of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. WpN may communicate with Users via e-mail or any other similar technology for purposes relating to such Users' account, orders Image Purchasers place with WpN or any other services WpN provide to its Users.

3. Standards For Acceptable Site Use
WpN specifically prohibits any use of the Web Site, and all users agree not to use the Web Site for any of the following:

• Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
• Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous, otherwise objectionable or that may invade another's right of privacy or publicity.
• Impersonate any person or entity, including without limitation a WpN employee or agent, an authorized user of WpN services, a Content provider, or otherwise misrepresent your affiliation with any person or entity.
• Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the profile of an individual other than yourself).
• Post any incomplete, false or inaccurate biographical information or information which is not your own and accurate.
• Delete or modify any material posted by any other person or entity not related to you.
• Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
• Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
• Violate or attempt to violate the security of the Web Site, including, without limitation:
• accessing data not intended for such user or logging into a server or account that the user is not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "denial of service attacks", "mailbombing" or "crashing" or take any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure;
• sending unsolicited advertising, promotional materials, e-mail, "junk mail" or "spam", "chain letters", or any other form of solicitation; or
• forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from WpN on this Web Site and other than generally available third party web browsers (e.g., Firefox, Netscape Navigator, Microsoft Internet Explorer).
• Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
• Presenting any of the materials or information from the Web Site in a way likely to cause confusion about its origin.

Violations of system or network security may result in civil or criminal liability. WpN will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Trademark Ownership
World Picture Network, World Picture News, WorldPictureNews and the WpN logo are trademarks of WpN. You may not use our trademarks and/or logos without explicit written consent from WpN.

5. The Company's Liability
This Web Site acts as a venue for Photographers to post their own portfolios for the purpose of marketing their content and themselves. While WpN attempts to insure accurate profile information, WpN has no control over the absolute accuracy of the profiles posted or the ability of content providers to fulfill specific requirements. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, WpN cannot and does not confirm that each user is who they claim to be. in the event that you have a dispute with one or more users, you release WpN (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

WpN is under no legal obligation to, and generally does not, control the information provided by users that is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. WpN expects that you will use caution and common sense when using this Web Site.

The Web Site may contain inaccuracies or typographical errors. WpN makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the material contained herein. The use of the Web Site is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile placed by you on the Web Site. Companies are solely responsible for their postings on the Web Site.

WpN does not warrant or guarantee that a profile will be viewed by any specific number of users, or that it will be viewed by any user.

WpN is not to be considered to be an employer with respect to your use of the Web Site and WpN shall not be responsible for any employment or purchasing decisions, for whatever reason made, made by any entity soliciting work or Content provider profiles on the Web Site.

6. Warranty Information and Disclaimer
WPN DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WPN IS NOT RESPONSIBLE FOR THOSE COSTS.

THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEB SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WPN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. NEITHER WPN, ITS AFFILIATES, NOR ITS SPONSORS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR SITE-RELATED SERVICES.

YOU AGREE THAT WPN IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE.

You acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Web Site. Although the Company attempts to ensure the integrity and the accuracy of the Web Site, it makes no guarantees whatsoever as to the correctness of the Web Site. In the event that an inaccuracy arises, please inform the Company so that it can be corrected.

7. Disclaimer of Consequential Damages
WPN, ITS AFFILIATES, ITS EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, AND ITS SPONSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION UNDER ANY CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE OR FROM THE USE OR INABILITY TO USE THE WEB SITE, MATERIAL, SITE-RELATED SERVICES CONTAINED WITHIN THE WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES, AND METERIAL CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE WEB SITE AND ITS SERVICES.

8. Links To Other Sites
The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by WpN of the contents on such third-party web sites. WpN is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

9. No Resale Or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.

10. Termination
WpN reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by WpN, upon any breach by you of these Terms and Conditions or if WpN is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

11. Indemnity
You agree to defend, indemnify, and hold harmless WpN, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of the terms of these Terms and Conditions. WpN shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

12. General
WpN makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of New York, USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York County, New York. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s'y rattache soient rediges en langue anglaise). If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Terms and Services, additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and WpN with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

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