Your use of our Internet sites that post a link to these Terms + Conditions of Use (these “Terms”) or any of the products or services offered on those sites (collectively, the “Services”) is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our sites for any reason;
- Refuse, move, or remove any content that is available on our sites;
- Deactivate or delete your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Content on our sites
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.
Posting User Content; No Endorsement of User Content
You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Faded + Blurred does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Faded + Blurred does not pre-screen User Content, and has no obligation to do so, but that Faded + Blurred and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
Third Party Sites; Advertisers
The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through Faded + Blurred’s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively “Third-Party Services”). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Faded + Blurred does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Faded + Blurred does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
Your conduct on our sites
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of photos, images, graphics, software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a Faded + Blurred representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Faded + Blurred for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
You hereby agree to indemnify, defend and hold Faded + Blurred and all of our officers, directors, owners, employees, agents, information providers, affiliates and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Faded + Blurred Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
- Your use of our sites;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of content that you submit to our sites;
- Your connection to our sites;
- Your violation of these Terms; or
- Your violation of the rights of any other person or entity.
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By participating in a Faded + Blurred Event (including Photo Walks), you agree to and are bound by the terms below.
I hereby affirm that I am over the age of majority and have the right to contract in my own name. This agreement shall be binding upon me and my heirs, legal representatives and assigned.
In consideration of the acceptance by Faded + Blurred of my participation in events and/or photo walks, intending to be legally bound hereby, for myself, my personal representatives, and heirs acknowledge, agree and represent that I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Faded + Blurred, its officers, directors, representatives and employees (“Releasees”), from all manner of liability to me, my personal representatives, assigns and heirs for any and all loss, costs, including but not limited to attorneys’ fees and other expenses or damage, incidental or consequential, and any and all claims or demands therefore on account of injury to me or my property or resulting in my death, whether caused by any act or omission of Releasees, including but not limited to the negligence of Releasees or otherwise. I shall have no claim whatsoever against Releasees for any incidental or consequential damages, loss, or costs, including but not limited to attorneys’ fees and other expenses arising out of or relating to my participation in the event and/or photo walk and I agree that under no circumstances whatsoever shall I be entitled to any indemnification, reimbursement or compensation from Releasees for any incidental, consequential damages, liability, loss or cost, including but not limited to attorneys’ fees and other expenses, arising out of or in any way relating to any Faded + Blurred photo walk or event.