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FOTOLIBRARY'S TERMS OF USE
This site is owned and operated by FotoLibrary . Your use of this
website and any materials available herein identifies that you agree to
the following terms of use (hereinafter referred to Terms of Use).
If you do not agree to these terms then you should leave this website
immediately (hereinafter referred to as Site, not use any of the
materials available herein, and/or not subscribe to this service.
COPYRIGHTED MATERIALS.
- "Materials" on FotoLibrary shall constitute and be defined as
any files, images, animations, photographs, videos or text available on FotoLibrary.
- All Materials downloaded from FotoLibrary is licensed to
you by FotoLibrary Downloading these Materials does not transfer
any title from these Materials to you, or any intellectual property
rights therein to you.
- You may under no circumstances redistribute or sell this
content at any time, and it is illegal to duplicate, download, or
distribute any Materials from FotoLibrary except for your use, which
is subject to the Usage Guidelines.
- The design and layout, as well as all Materials provided on
the Site, or of any other website owned, operated, licensed, or
controlled by or associated with FotoLibrary, is protected by the
Australian, United States and International law and other intellectual property
proprietary rights and may not be copied or imitate in whole or in part.
LIMITATION OF WARRANTY. EXCEPT AS PROVIDED IN THE END USER
LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, FOTOLIBRARY
MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE
RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW
THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS,
RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE
BY FOTOLIBRARY WITH RESPECT TO THE SITE, CONTENT AND
MATERIALS. FOTOLIBRARY DOES NOT WARRANT THAT THE CONTENT OR
FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS,
INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS,
OR THAT FOTOLIBRARY WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR
HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL FOTOLIBRARY
OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS,
SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF FOTOLIBRARY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
LIABILITY OF FOTOLIBRARY OR ANY OF ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR
PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
These Terms of Use contain the entire understanding of the parties
hereto relating to any use of this Site and supersedes any prior
written or oral agreement or understandings between the parties with
respect to this Site, and cannot be changed or terminated orally. The
invalidity or unenforceability of any provision of these Terms of Use
will not affect the validity or enforceability of any other provision
of these Terms of Use. FotoLibrary reserves the right to modify or
terminate these Terms of Use without notice, if, in FotoLibrary sole
discretion, you fail to comply with any term of these Terms of Use.
Upon termination, you must destroy all materials obtained from this
Site, copies and related documentation thereof. In
addition, FotoLibrary reserves the right to terminate this Site
without notice.
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