Beaches123 Terms of Use

Terms of use

Last updated: 1 February 2009 (Privacy policy)

The following is a legal agreement between You and the owners and operators of Beaches123.com ("Website"). By using the Website You agree to be bound by the terms of this Agreement. If You do not agree with the Terms of use, please do not use the Website.

This agreement may be revised or updated without notice. You are advised to review it regularly. Details on updates can be found at the beginning of this document.

The use of this Website

You warrant that You are of legal age to create binding legal obligations for any liability You may incur as a result of the use of the Website. You acknowledge that because of copyright infringement or other kinds of serious - or even malicious - acts, you may face more serious consequences. You agree that You are responsible for all of your use of the site including for the use of your account by others.

The Website contains images uploaded by its visitors. All images and their descriptions and presentation in general ("Images") on the Website are the property of either Beaches123 and/or its visitors and are protected by international copyright laws. Use of these Images without license is prohibited.

Beaches123 does its best to provide accurate information on Images and on the services of the Website, however against all our efforts there can be some typographical and technical errors on it. Beaches123 cannot be held liable for any losses or damages resulting from the inaccurary of any information on the Website.

Uploading Images

Both parties acknowledge that from time to time You may upload photographs to the Website, and Beaches123 will screen these uploads to see if they are suitable for distribution. The policies behind this procedure are described in the Photograph Guidelines

You authorize Beaches123 post images you upload or e-mail FOR FREE. Beaches123 agrees not to sell these Images under any circumstances and not to distribute them outside the Website.

You acknowledge that under no circumstances can you demand money from Beaches123.

You also acknowledge that the Images may be used for promotional purposes for the Beaches123 Website.

Furthermore, You acknowledge that Beaches123 does not accept Images that infringe on any copyright, property right, trademark or any other applicable right.

You are solely responsible for the Images You upload or e-mail to Beaches123. You warrant that You own all proprietary rights regarding the Image, and as for Images depicting identifiable persons that You do your best to obtain a valid, legal and signed Model release from those parties to upload alongside the Image.

You acknowledge that even though We do our best to prevent it from happening, Beaches123 cannot be held responsible for the misuse or abuse of any Image.

We also reserve the right to remove any approved Image at any time if We believe it's defective, of poor quality or infringe on any right. Serious copyright infringement issues such as uploading Images found on other stock photography sites result in the termination of this Agreement, and possible criminal prosecution.

Privacy policy

We do everything we can in order to protect your privacy. We have a strict no-spam policy. We do not rent, sell or share your personal details with 3rd parties without your consent unless we are required to do so by the law.

Indemnification

You agree to indemnify, defend, and hold harmless Beaches123 and its officers, employees, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

IMPORTANT!

Beaches123 cannot be held responsible for any copyright violations, and cannot guarantee the legality or accuracy of the Images stored in its system. You use the site and the photos at your own risk!

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEACHES123 DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

BEACHES123 SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.