PHOTOASYLUM.COM Terms of Use
Welcome to photoasylum.com. The goal of this web site is to provide visual access to the photography and art products and services of Steven Paul Hlavac. To insure a safe, nonoffensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of photoasylum.com, users ("Users") agree to be legally bound and to abide by the terms set forth below.
I. TRADEMARKS
The Photo Asylum and South Beach Webworks are service marks of Steven Paul Hlavac. All rights reserved. These and other photoasylum.com photographs, graphics, logos and artwork may not be used without prior written consent of Steven Paul Hlavac. All other trademarks, product names, and company names and logos appearing on photoasylum.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of photoasylum.com is at User's sole risk. Neither photoasylum.com, nor any of our employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that photoasylum.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of photoasylum.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through photoasylum.com.
THIS SITE IS PROVIDED BY PHOTOASYLUM.COM ON AN "AS IS"AND "AS AVAILABLE" BASIS. PHOTOASYLUM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that photoasylum.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Steven Paul Hlavac owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
You may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell, rent, or otherwise exploit this site or any of its contents without our prior written permission; you may not post, upload, display or otherwise transmit our materials to another Web site, including but not limited to, any personal or commercial Web sites; and you agree to prevent any unauthorized copying of our materials.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on photoasylum.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
c. THIRD-PARTY CONTENT
Photoasylum.com is a distributor and not a publisher of Content supplied by third parties and Users. Photoasylum.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of photoasylum.com, are those of the respective authors or distributors and not of Steven Paul Hlavac. We cannot guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.
d. FICTICIOUS ADVERTISING
Any similarities between ficticious comedic advertisments on photoasylum.com and real products or services is purely coincidental or created and dislayed under the protection of parody.
e. LINKS
Photoasylum.com is not responsible for the availability of external sites or resources linked to or from this site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Photoasylum.com shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
e. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, photoasylum.com has a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for any purpose is unfair competition. Linking to any photoasylum.com web page is prohibited absent express written permission from Steven Paul Hlavac. Framing the photoasylum.com web site with links, advertisements and/or other information not originating from the photoasylum.com web site is expressly prohibited.
IV. ONLINE CONDUCT
User agrees to use photoasylum.com only for lawful purposes. User is prohibited from posting on or transmitting through photoasylum.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
V. USAGE BY MINORS
Please note that images appearing on Photoasylum.com may be of an erotic or sexual nature. Whenever possible, pages containing said images will be prefaced with a viewer warning and disclaimer. Photoasylum.com cannot prohibit minors from visiting this site. Photoasylum.com must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for such children to view.