Terms of Use

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SHUTTERGUIDE.COM OFFERS YOU ACCESS TO OUR SITE AND SERVICES.

Welcome to the Web site operated by SHUTTERGUIDE.COM. ("we," "us"). We maintain this Web site, ShutterGuide.com (our "Site"), as a service to our visitors (our Site and such services, collectively, our "Services"). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services.

Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to make changes to these terms at any time. Your continued use of our Services constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for such changes.

1 USER RESPONSIBILITY

1.1 Our Site is a Venue
Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange meetings with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.

1.2 Identity Verification
Because user verification on the Internet is difficult, we cannot and do not confirm each user’s purported identity. You are responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site and to take the same precautions you would normally take when meeting a stranger in person for the first time.

1.3 Met the Founder Badges
From time to time, we will contact members through the site at random and without request. Those members will receive a “Met the Founders” badge (“ badge”). This badge is not a guarantee of character or an endorsement of the individual. It’s only purpose is to indicate that contact was made with an individual using the details they provide on the site.

1.4 Your Experience with Other Users
You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

1.5 Accessing the Website
Users of this Website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained in this Website. By proceeding to access the information, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so. Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the service it provides on the Website without notice. ShutterGuide.com will not be liable if for any reason the Website is unavailable at any time or for any period.

1.6 Ownership/redistribution prohibited
Unless otherwise expressly noted, all content included on this Website, including, without limitation, images, logos, articles and other materials, are protected by copyrights, and/or other intellectual property owned, controlled or licensed by [ShutterGuide.com/their respective owners]. All trademarks and logos displayed on this Website are the property of their respective owners, who may or may not be affiliated with the ShutterGuide.com or the Company. Visitors are responsible for complying with all applicable copyright, trademark and other applicable laws. Visitors are allowed to make copies of this Website as necessary incidental acts during their viewing of the Website. Visitors can print, for their personal use, as much of the Website as is reasonable for private purposes. You may not alter or otherwise make any changes to any material that you print or download from this Website, including, without limitation, removing any identifying marks or legends from such material. All other use, disclosure, display or redistribution is strictly prohibited.

1.7 Release
Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

2 USER CONDUCT

In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:

a. violate any applicable law or regulation;

b. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

c. use information obtained through our Services for any unauthorized purpose;

d. interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

e. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

f. use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);

g. "stalk" or harass any other user of our Services;

h. collect or store any information about any other user other than for purposes of the permitted use of our Services;

i. register for more than one user account or register for a user account on behalf of an individual other than yourself;

j. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;

k. attempt to defeat any security or verification measure relating to use of the Services; or

l. assist any third party in doing any of the foregoing.

3 MINORS MAY NOT USE SERVICES

You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.

4 PRIVACY

We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Services are designed to allow users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any other personal information, you waive any privacy expectations you have with respect to use of such likeness or personal information. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Services. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Services and deliver information and services to you and other users of our Services.

5 YOUR CONTENT

5.1 License
You Grant Us a License by submitting any content (including without limitation, your photographs) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.

5.2 Content Restrictions
You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
a. is defamatory;

b. contains nudity or sexually explicit content;

c. may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;

d. exploits images or the likeness of individuals under 18 years of age;

e. depicts use of illicit drugs;

f. makes use of offensive language or images;

g. characterizes violence as acceptable, glamorous or desirable;

h. contains any of your personal contact information, except as specifically required or requested as part of your registration on this site.

5.3 No Obligation to Post Content
We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

6 THIRD-PARTY CONTENT

In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.

7 PROPRIETARY RIGHTS

7.1 Our Intellectual Property
All material on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of our Services.

7.2 Your Use of Our Intellectual Property
You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at info@shutterguide.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.

8 USERNAME AND PASSWORD

You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.

9 PAYMENT FOR MEMBERSHIP

The use of the Paid Services assumes that the Member has a subscription. Members can acquire a subscription by using the PayPal Service only.

The prices and the terms of payment for the Paid Services are displayed at all times on the Site, including at the point when the member chooses to make a purchase.

The activation of a ShutterGuide.com subscription on a member's account occurs as soon as a valid transaction has been verified.

Membership will be renewed automatically every year on the date of initial membership, through a card payment executed by the PayPal Service. A two week grace period will apply from the date of payment. Membership will continue until The Member contacts Us to cancel their subscription.

The Member can contact ShutterGuide.com at any time to cancel their subscription. The cancellation will take effect from the expiry date given for the active pass, in accordance with Article 10, 'Termination', below.

10 TERMINATION

We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.

A Member may at any time and without the need to provide any reason end his/her registration with ShutterGuide.com by requesting the closure of his/her account in the area of the ShutterGuide.com website designated for such purposes. Such request shall be deemed effective from the next available working day after receipt by ShutterGuide.com of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member's subscription.

11 DISCONTINUANCE OF SERVICES

We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

12 LEGAL COMPLIANCE

You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.

You shall not use using the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). By using the Services, you represent and warrant to us that such use will not violate, or cause us to violate, the laws of your country.

13 REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

14 DISCLAIMER OF WARRANTIES

Please read this Disclaimer, the Terms of Use and the Privacy Policy carefully as by using ShutterGuide.com you will be taken to have agreed to be bound by them. We reserve the right to vary the Disclaimer, the Terms of Use and the Privacy Policy at any time and will post any variations here. You are advised to review them on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted.

We take every care and precaution that is reasonably practicable to ensure that information published on the Website is accurate when posted and regularly updated, but ShutterGuide.com does not guarantee and has not independently verified its accuracy and may change the information at any time without notice.
 
This Website is published on a "as is" and on an "as available" basis and may not be accurate or up to date. ShutterGuide.com does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the information. No responsibility is accepted by or on behalf of ShutterGuide.com for any errors, omissions, or inaccurate information on the Website. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded to the fullest extent that they may be excluded as a matter of law. ShutterGuide.com shall not be liable for any losses or damage of whatsoever nature that may result from the use of this Website as a consequence of any inaccuracies in, or any omissions from, the information which this Website may contain.

ShutterGuide.com publishes this content as it is supplied and ShutterGuide.com accepts no responsibility for its accuracy or timeliness. ShutterGuide.com gives no assurance that it or has independently verified such information, you must take appropriate steps to verify this information before acting upon it.

ShutterGuide.com is not responsible for the content of any other website from which you have accessed this Website or to which you may hyperlink from this Website and cannot be held liable for any loss or damage of whatsoever nature you incur as a result.

This Disclaimer is governed by the laws of England and Wales and you agree that the Courts of England shall have exclusive jurisdiction in any dispute. To the extent that any part of this Disclaimer is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.

15 YOUR OBLIGATION TO REPORT MISCONDUCT

If you meet with another member who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us using the form at Contact Us provided that your report shall not obligate us to take any action or cause us to incur any liability.

16 LIMITATION OF LIABILITY

The information and contents of this Website are provided without any guarantees, conditions or warranties as to their accuracy. To the fullest extent permitted by law, ShutterGuide.com , the Company and the officers, employees and agents of ShutterGuide.com expressly exclude:
a. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
b. any liability for any direct, indirect or consequential loss or damage of any type incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, including, without limitation any liability for:
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of opportunity
vi. loss of data;
vii. loss of goodwill;
viii. wasted expenditure
ix. the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our services;
x. damages for loss or corruption of data or programs, service interruptions or procurement of substitute services,
xi. wasted management or office time; and
xii. any other loss or damage of any kind direct and indirect, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
b. This does not affect ShutterGuide.com ' liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
c. We shall not be liable for any failure or delay in performing under these terms, whether or not such failure or delay is due to causes beyond our reasonable control. This is fine

In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our services or these terms exceed the sum of one hundred british pounds (£100).

17 INDEMNITY

You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

18 SEVERABILITY

Each provision of these Terms shall be construed as a separate and severable contract term, and if one or more parts are held to be invalid, unlawful or otherwise unenforceable, the remaining parts shall remain in full force and effect.

19 GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website. By using this Website, you irrevocably agree for the benefit of ShutterGuide.com that the Courts of England shall have exclusive jurisdiction and waive any right to claim that the Courts of England are an inconvenient forum.