This Terms of Service Agreement (the "Agreement") is an agreement between you and My Action Shot. This web site and the products and services offered thereby (the "Service") is owned and operated by My Action Shot. The following terms and conditions apply to your use of our Services. Please read this Agreement carefully before you enter our Web site.
In this Agreement, "you" or "your" means any person or entity using the Service. Unless otherwise stated, "we" or "our" will refer collectively to My Action Shot and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
This site is owned and operated by My Action Shot. The website and all content, including (but not limited to) the site name, photographs, still images, illustrations, some graphics, and text is owned by My Action Shot and are © My Action Shot, or its associated photographers and all rights are reserved. By viewing and using this website you agree to the Agreement and any documents incorporated by reference. If you do not agree to the Agreement, please leave our website.
Use of My Action Shot consumer website is conditional on accepting the following terms:
1.) PHOTOGRAPHS AND PRODUCTS
You acknowledge that you can purchase the photographs featured on My Action Shot in the form of photographs, photographic prints, canvas or other photographic products such as mugs or shirts (collectively, the "Products").
You acknowledge that all Products sold through My Action Shot are intended for your PERSONAL USE ONLY, and have thereof no market beyond your purchase, unless otherwise specified.§.)
Photographs, digital images, and/or photo print sold for your personal use only may not be given and/or sold to another person, company or organization.§.)
You may NOT copy, reproduce, display, transmit, publish, distribute (by any means) or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of My Action Shot.
You agree not to otherwise modify, alter, adapt or otherwise manipulate any Products, including without limitation, adding other material to a Product, without My Action Shot's prior written consent.
My Action Shot retains all copyright on photographs, digital images, and/or photo print sold for your personal use only.§.)
Unless commercial use is specified in a written consent, photographs are not to be used for commercial purposes, but for Personal Use Only, by the purchaser or by any other person, business or organization.
Unless otherwise agreed, all photographs purchased for commercial use (or Rights Managed Images) will have specific “terms and conditions“ and usage applied to the photograph, a will be licensed for a determined media and specific one-time use only (i.e. one edition of a publication, brochure, etc.). Rights Managed Images require My Action Shot's prior written consent and agreement.
My Action Shot retains all rights upon a Right Managed Image. If the photographs are reused, a new written agreement and an additional charge will apply.2.) COPYRIGHT & OWNERSHIP
My Action Shot retains the copyright of all photographs, content and products (unless otherwise stated) and intellectual property associated with this website.§.)
All of the Photographs on our Web site, without limitation, are owned by My Action Shot and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection.§.)
All of the content on our Web site, with some limitation to the graphics, design, and look and feel are also owned by My Action Shot and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. My Action Shot logos are trademarks owned by My Action Shot and may not be used or reproduced without our written permission.3.) INDEMNIFICATION
In the event that you reproduce, display, transmit, distribute or otherwise exploit the Photographs or Products, or any portion thereof, in any manner not authorized by My Action Shot, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold My Action Shot, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by any or all of them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.4.) PRIVACY RIGHTS
While My Action Shot uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can My Action Shot ensure that all persons depicted in the photographs have consented to the display of their image on this Web site.§.)
If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us , and it will be removed promptly. After receiving notice of My Action Shot photographer being booked for a sporting occasion in which you will participate, if you prefer not to have your image published on our website, please contact us or the organizer, prior to the sporting occasion to let us/them know of your wishes.§.)
Your Privacy is very important to us: any information provided to My Action Shot will be used only for the purpose for which it was provided.5.) THIRD PARTY LINKS
Our Web site may provide a link to other sites by allowing the user to leave this Site to access third-party material or by bringing the third-party material into this Web site via "inverse" hyperlinks and framing technology (a "Linked Site"). My Action Shot has no discretion to alter, update, or control the content on a Linked Site.§.)
The fact that My Action Shot has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.§.)
There are inherent risks in relying upon using, or retrieving any information found on the internet, and My Action Shot, urges you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.6.) INTERNATIONAL USE
My Action Shot makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.7.) DISCLAIMERS
This web site and its content (including without limitation the photographs) are provided "as is" and My Action Shot makes no representations or warranties of any kind, either express or implied, about the photographs or web site including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law.§.)
My Action Shot does not warrant that access to the web site or its contents will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. My Action Shot does not warrant or make any representations regarding the use or the results of the use of any content on this site in terms of its correctness, accuracy, reliability, or otherwise.§.)
Accordingly, you acknowledge that your use of this web site is at your own risk. You (and not My Action Shot) assume the entire cost of all necessary servicing, repair, or correction resulting from computer malfunction, viruses or the like. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.8.) LIMITATIONS OF LIABILITY
My Action Shot, its licensors, representatives and/or any affiliated event organizers, will not be responsible or liable for any damage, loss, or expense of any kind arising out of, or resulting from your possession or use of the Photographs, Service or Products, regardless of whether liability is based in tort, contract, or otherwise§.)
In no event will My Action Shot, its licensors, representatives and/or any affiliated event organizers, be liable to you for any direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages (including any loss of business or profits, loss or corruption of data, loss of good will, computer failure or malfunction, or interruption of business), with respect to the photographs, any information contained in this website, other products, services, or materials offered, sold, or displayed on this site, your use of the site generally, or otherwise, regardless of whether My Action Shot, its licensors, representatives and/or any affiliated event organizers, has been advised of the possibility of such damages. If the foregoing limitation is held to be unenforceable, the maximum liability of My Action Shot and providers to you shall not exceed the amount you paid for the photographs, or other products or services you ordered through this site.§.)
My Action Shot makes every reasonable effort to ensure the accuracy and legality of the content of this website and of the service that we provide through this website. Accordingly My Action Shot accepts no responsibility for any use made of the information provided and shall not be liable for any loss suffered thereby.9.) OTHER TERMS
You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by My Action Shot regarding the use of the Web site or the use or purchase of the photographs or Service or the Products.§.)
Use of My Action Shot implies acceptance of the above terms and conditions.
If you do not agree to the Agreement, please leave our website.