Site Use Policy
Welcome to the Site Use Policy (the "Policy") for Photo Emission Tech, Inc.'s website photoemission.com. This Policy describes the terms and conditions applicable to your use of the Website pages and functions under the domain and sub-domains of photoemission.com (the “Website”). If you do not agree to be bound by the terms and conditions of this Policy, you are requested to please not use or access our services.
Visiting and utilizing the Website creates an automatic acceptance of all terms and conditions of all policies at this Website. We strongly recommend that, as you read this Policy, you also access and read the information contained in the Privacy Policy, as it may contain further terms and conditions that apply to you as a user of photoemission.com.
We may amend this Policy at any time with or without notice. Modifications to the Policy will be posted to the Website.
Content
Modifications to the content on the Website will occur from time to time with or without notice. Unless explicitly stated otherwise, all modifications will be subject to the Policy. It is understood and agreed that usage of the Website is provided “As Is” and Photo Emission Tech, Inc. accepts no responsibility for the timeliness, deletion, mis-delivery or failure that may result by using any part of the Website and/or its services provided. You are responsible for obtaining access to our services and that may involve third-party charges, eg. Internet service provider or airtime charges. You are responsible for those fees, including those fees associated with the display or delivery of advertisements, and policies of use connected with such providers. Additionally, you must provide and are responsible for all equipment necessary to access our services.
Links
The Website may provide, and third parties may provide, links to other World Wide Web sites or resources. Because photoemission.com has no control over such sites and resources, you acknowledge and agree that Photo Emission Tech, Inc., is not responsible for the availability of such external sites or resources, 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. You further acknowledge and agree that Photo Emission Tech, Inc., shall not be responsible or liable, directly or indirectly, for any damage 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.
Security
You understand that Website content and software embodied within may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Photo Emission Tech, Inc., and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the content. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
Restricted Activities
Your Information and your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our ISP's, partners or other suppliers.
Access and Interference
The Website may contain robot exclusion headers. Information on the Website is updated as deemed necessary on a real time or other basis and is proprietary or is licensed to Photo Emission Tech, Inc., by our users and/or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without the prior expressed written permission of Photo Emission Tech, Inc., and/or any appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Indemnity
You agree to indemnify and hold Photo Emission Tech, Inc., and its owners, subsidiaries, affiliates, technology developers, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees and/or mediation fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of any and all policies applicable to the use of the Website, or your violation of any rights of another.
Breach
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your usage of this Website and refuse to provide our services to you if: (a) you breach this Policy or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your information being transferred or used in this way please do not use our services.
No Warranty
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, ALLILIATES, TECHNOLOGY DEVELOPERS AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, TECHNOLOGY DEVELOPERS, SUPPLIERS, AND AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, TECHNOLOGY DEVELOPERS, AFFILIATES, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No Agency
You and Photo Emission Tech, Inc., are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.Notices
Except as explicitly stated otherwise, any notices shall be given by electronic mail to [email protected]. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by electronic mail, certified mail, postage prepaid and return receipt requested, to the address provided to photoemission.com. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Photo Emission Tech, Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Photo Emission Tech, Inc., agree that any claim or controversy at law or equity that arises out of this Policy or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Photo Emission Tech, Inc., may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court: Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Ventura County, California, or where the defendant is located (in our case Camarillo, California, and in your case your home address). You and Photo Emission Tech, Inc., agree to submit to the personal jurisdiction of the courts located within the county of Ventura, California.
Alternative Dispute Resolution: Alternatively, Photo Emission Tech, Inc., will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Ventura County, California, or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Additional Terms
The following policies are incorporated into this Policy by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Website. In addition, when using particular services on the Website, you agree that you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Policy.
General
This Policy shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Policy and all incorporated agreements may be automatically assigned by Photo Emission Tech, Inc., in accordance with Section "Notices," in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Policy sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes, shall survive any termination or expiration of this Policy.
Disclosures
The services hereunder are offered by photoemission.com. If you are a California resident, you may have this same information emailed to you by sending a letter to [email protected] with your email address and a request for this information.