Please read this agreement (“Agreement”) carefully before accessing or using the PhotoQuest Adventures Web site at www.photoquestadventures.com (the “Site”). By accessing or using the Site, You agree to be bound by this Agreement. PQA provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
Additionally, please read the Terms and Conditions for all trip policies at including payment and cancellation and the information We collect. You agree to be bound by this Agreement and the Terms and Conditions for all PhotoQuest Adventures. PQA provides the information and services on this Site to You, the customer, conditioned on your acceptance without modification of the terms, conditions and notices contained in this Agreement and the Terms and Conditions. Your use of the Site or registration for a PhotoQuest Adventure constitutes your agreement to all such terms, conditions and notices.
The information and services offered on the Site are provided with the understanding that neither PhotoQuest Adventures, Inc. nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
We may provide global photography quests and training (the “Services”). PhotoQuest Adventures grants You access to the Site during the term of this agreement solely to receive the Services. You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without PQA’s prior written permission You will comply with all privacy laws.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to Photo Quest Adventures, Inc. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Photo Quest Adventures, Inc.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) cease using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to PhotoQuest Adventures, Inc. that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not without the prior written permission of PQA use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
If you are under the age of 13, you may not use this Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHOTOQUEST ADVENTURES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE ATYOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.
ANY MATERIAL POSTED, REVIEWED, EDITED, OR SHARED WITH PQA, PQA EMPLOYEES, VOLUNTEERS,PARTICIPANTS, OR AFFILIATES IS DONE AT THE SOLE RISK OF THE USER AND PHOTOQUEST ADVENTURES, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED BY THE ACTIONS OF OTHERS WITHIN THE PHOTOQUEST ADVENTURES COMMUNITY.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHOTOQUEST ADVENTURES, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA,INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITEOR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
LINKS TO THIRD PARTY SITES
LINKS TO OUR SITE
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site for the stated purposes of this Agreement and to authorize others to do so. Submissions can include anything submitted by You, the user, such as, photographs, videos, comments, questions, etc.
PhotoQuest Adventures, Inc. may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the Site (the “User Content”) in message boards, chat rooms, e-mail, video conference rooms, and other features of the Site (“User Input Rooms”) that may be offered from time to time and may be operated by PQA or by a third party. You shall not (nor cause any third party to) use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights – such as rights of privacy of others) or immoral activities or any of the following types of activities, without limitation:
- Transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- Transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Advertising or commercial content
- Interfering with or disrupting the Site
- Disrupting the activities or enjoyment of the Site for other users
- Collecting, or storing personal data about other users.
- Uploading pornographic or offensive material or content.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created by you. You acknowledge that user content is not endorsed by PhotoQuest Adventures, Inc. and such user content should not be considered to have been reviewed, screened or approved by PQA. You should exercise discretion before relying on information contained in user content. You agree to evaluate, and assume all risks associated with the use of any user content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such user content. PQA assumes no responsibility for the information contained in user content.
You agree that PhotoQuest Adventures, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from a User Input Room offered by PQA, at any time and for any or no reason. You agree that PQA shall not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.
You acknowledge and agree that PQA may preserve and disclose User Content if required to do so by law or if We believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of PhotoQuest Adventures, Inc., any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
CHANGES TO SITE
PhotoQuest Adventures, Inc. may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. PQA may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or the services provided on the Site will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at an AAA office in New York, NY; (4) The arbitrator's decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, PQA retains the right to forward them to the Company on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PQA retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
INFRINGEMENT CLAIMS/COPYRIGHT AGENT
If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify PhotoQuest Adventures, Inc. of your copyright infringement claim in accordance with the following procedure. PQA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
PhotoQuest Adventures, Inc.
1729 Second Avenue #2B
New York, NY 10128
By phone: (877) 772-2755
By email: firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512© (3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has 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
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law. Failure by PhotoQuest Adventures, Inc. to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
*PhotoQuest Adventures, the PQA logo and other logos, product and service names are trademarks and service marks owned by or licensed to PhotoQuest Adventures, Inc. or its affiliates (the “Marks”). Without the prior written permission of PhotoQuest Adventures, Inc., or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2016 PhotoQuest Adventures, Inc. All rights reserved.*
E-mails sent to our DMCA Copyright Agent for purposes other than communication about copyright claims may not be acknowledged or responded to.
PhotoQuest Adventures, Inc. will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact PQA and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.