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STARTRAKS PHOTO Terms of Use


These are the terms and conditions that you must follow if you use our website located at www.startraksphoto.com ("Website"). Your use of our Website indicates your acceptance of these terms and conditions.

1. This Website is owned and operated by StartraksPhoto.com , our Website is made available on an “as is” basis without warranty of any kind, including warranty of continued access or availability or against interruption of service All of the Images or Videos (“Content”) offered on the Website is owned by StartraksPhoto.com and or its Content providers. All Content we make available through our Website are “Rights Managed Content”, meaning “Content licensed for a fee on a per usage basis”. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and the use of our Content without our prior approval or knowledge and shall entitle StartraksPhoto.com to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. StartraksPhoto.com in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties StartraksPhoto.com may be entitled to under this Agreement, any applicable Content License Agreement and applicable law.
This Website may contain photographs of clothing, fashion collections and trademarks which are protected by intellectual property laws and cannot be used or reproduced, in whole or part, without the prior written consent of the copyright owners, or their authorized licensees, of such intellectual property

2. Your Log in Information (USER NAME AND PASSWORD)
The log in information of your choose or assigned by our staff is yours and yours only. By agreeing to our terms and conditions you are not to share or distribute your log in information with any other person or persons. By sharing your log in information with others you could be promoting illegal use and downloads from our Web site, and you could be held responsible and liable by law.

3. Limited Warranty and Disclaimer
StartraksPhoto.com warrants that the Content, when used as authorized by our sales representatives and under this Terms and Condition will not infringe the rights of the copyright holder of the Content, it has sufficient rights to enter into a license agreement and grant the rights provided herein;

For any other use of the Content not specified on the license agreement or invoice, licensee is responsible for consulting with its own legal counsel to determine whether additional rights are needed for the intended End Use. Licensee may not rely on any statements made by any StartraksPhoto.com employee or representative other than those made in the license Agreement or invoice.

4. StartraksPhoto.com makes no warranties, nor shall StartraksPhoto.com be liable, for any claims related to or arising from Licensee’s use of Content which Licensee’s modification of such Content or combination of such Content with other Content, products, text, content or materials, such claims would not have arose; or arose after StartraksPhoto.com has otherwise notified Licensee not to use the applicable Content.
While StartraksPhoto.com makes efforts to use accurate caption information, and efforts to ensure the accuracy of the Content, StartraksPhoto.com does not warrant such information and content’s accuracy.

All of our Content is protected by U.S. and international copyright laws. For the protection of StartraksPhoto.com and our Content providers, images may be watermarked and/or digitally watermarked and may include different methods for tracking content obtained on our Website.

5. Limitation of Liability:
Except for any liability which cannot by law be excluded or limited, neither StartraksPhoto.com, nor any officer, director, employee, contractor, agent, subagents shall be liable to Licensee or any other third party claiming through licensee for indirect, incidental, punitive, statutory or consequential damages arising out of or relating to our Terms and Condition or licensee’s use or inability to use the content


6. Indemnification
6.1 StartraksPhoto.com agrees to indemnify and hold harmless Licensee, its officers, directors and employees (collectively, the “Licensee Indemnified Parties”) from any and all loss or damage arising out of any claim by a third party based on StartraksPhoto.com breach of the warranties in Section 3 (“Licensee Claim”) by paying that portion of the final judgment (including reasonable outside attorneys’ fees and costs awarded, if any) entered against the Licensee Indemnified Parties by a court of competent jurisdiction on such Licensee Claim.
mStartraksPhoto.com shall have the right, but not the obligation to defend and control the defense of any such Licensee Claim and to choose counsel for such purpose, provided that the Licensee Indemnified Party may participate at its own cost and expense. Notwithstanding the preceding, StartraksPhoto.com shall have no obligation under this if Licensee does not provide StartraksPhoto.com with prompt written notice of Licensee’s receipt of any Licensee Claim and such delay impairs StartraksPhoto.com ability to defend its rights. StartraksPhoto.com will not agree to any stipulation, admission, or acknowledgment of any fault, guilt, wrongdoing or liability on the part of any Licensee Indemnified Party without Licensee’s prior written consent. Startraksphoto.com will not settle any Licensee Claim on any Licensee Indemnified Party’s behalf or publicize any settlement without Licensee’s prior written consent.

6.2 Licensee agrees to indemnify and hold harmless StartraksPhoto.com and its Content sources, officers, directors and employees (collectively, the “StartraksPhoto.com Indemnified Parties”), from any and all loss or damage arising out of any claim by a third party based on (i) Licensee’s material breach of any terms, conditions or restrictions of this agreement, to the extent that it gives rise to the claim, Licensee’s use or modification of any Content, or combination of any Content, with any text or other content, Licensee’s failure to obtain from third parties all permissions necessary to use the Content, and Content which StartraksPhoto.com has notified Licensee not to use (collectively, the “StartraksPhoto.com Claim”) by paying that portion of the final judgment (including reasonable outside attorneys’ fees and costs awarded, if any) entered against the StartraksPhoto.com Indemnified Parties by a court of competent jurisdiction on such StartraksPhoto.com Claim. Licensee shall have the right, but not the obligation to defend and control the defense of any such StartraksPhoto.com Claim and to choose counsel for such purpose, provided that the StartraksPhoto.com Indemnified Party may participate at its own cost and expense. Notwithstanding the preceding, Licensee shall have no obligation under this Section if StartraksPhoto.com does not provide Licensee with prompt written notice of StartraksPhoto.com receipt of any StartraksPhoto.com Claim and such delay impairs Licensee’s ability to defend or its rights. Licensee will not agree to any stipulation, admission, or acknowledgment of any fault, guilt, wrongdoing or liability on the party of any StartraksPhoto.com Indemnified Party without StartraksPhoto.com prior written consent. Licensee will not settle any StartraksPhoto.com Claim on any StartraksPhoto.com Indemnified Party’s behalf or publicize any settlement without StartraksPhoto.com prior written consent.

7. Content may not be used as a trademark or logo, for use as pornography, unlawful purpose or use in a manner that defames any person, or violates any person’s right of privacy, publicity or moral rights, or infringes upon any copyright, trade name or trademark Licensee does not acquire, and shall not claim, any rights in the Content itself apart from the End Use. Unauthorized use of Content may constitute infringement of copyright and other applicable rights and shall entitle StartraksPhoto.com to seek all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. StartraksPhoto.com in its sole discretion reserves the right to bill Licensee (and Licensee hereby agrees to pay) ten (10) times the license fee for any unauthorized use, or pursue any other fees, damages and penalties StartraksPhoto.com may be entitled to under this Terms and Condition and applicable law.

8. If you have any questions about StartraksPhoto.com Terms and Conditions, you shall contact us at help@startraksphoto.com.

StartraksPhoto.com reserves the right to change or amend these Terms and Conditions at any time without prior notice.



 
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