1. Description of the Site and Membership Accounts
The Site provides, among other things, an online marketplace for uploading and downloading Content and is generally divided into a public section and a private section. The public section offers to all visitors, among other things, general information about the Site and Mark Maya Photo, the ability to view Content on the Site, a search engine to search for Content on the Site, the ability to view and post comments on the Site, and a process by which visitors can create an account to access the private areas of the Site for downloading and uploading Content.
User Members
When a visitor to the Site registers to create an account to download Content, the visitor will become a “User Member”. The User Member will select an available user name (“Member Name”) and a corresponding user password (“Membership Password”) to create a unique, personal membership account (a “Membership Account”). During registration, each User Member shall be given the opportunity to select a country, language and currency designation. Such designation(s) may be revised at any time after the completion of the registration process. The User Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
A User Member shall download Content only through his or her Membership Account, and such Content shall be subject to a separate Content License Agreement. Applicable royalty rates for sublicenses granted to User Members who download Content shall be in accordance with the Site’s Standard pricing and payment policies.
2. General Acknowledgments and Agreements
Your use of the Site constitutes your acknowledgment and acceptance of these Terms of Use, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access any portions of the Site or use any services offered on the Site. Mark Maya Photo may from time to time, without notice to you, change these Terms of Use and other rules or guidelines, in whole or in part, in its sole discretion and post such changes on the Site. Your continued access or use of the Site constitutes your acceptance of all such changes and your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such access or use. It is your responsibility to regularly check the “Terms of Use” to view the then-current terms. If you do not agree to be bound by the terms and conditions of these Terms of Use as so amended, do not use or access the Site. Without limiting the foregoing, Mark Maya Photo will use commercially reasonable efforts to notify its members of changes to these Terms of Use through blogs, web mail, forums and other means of electronic communication.
Services on the Site are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Site are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Site. Your Membership Account on the Site may not be sold or otherwise transferred to another person or entity. If your use of the Site is on behalf of an entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms of Use.
3. Use of Content and the Site
All of the contents of the Site, including the Content, is owned by Mark Maya Photo or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. You acknowledge and agree that no ownership of any Content can be transferred, and that no sale of any Content can be effectuated on or through the Site. Only the rights expressly sublicensed in a Content License Agreement are granted on or through the Site. Except as explicitly permitted under these Terms of Use or a Content License Agreement (if any), Mark Maya Photo does not grant any express or implied permission to use any Content and no portion or element of this Site or its Content may be copied or retransmitted via any means. Without limiting the foregoing, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any part of the Content without, or in violation, of a Content License Agreement with Mark Maya Photo. You may not remove any copyright, watermark or other proprietary notices contained in the Content, caption information, or any other material on the Site and you are responsible for obtaining your own advice, legal or otherwise, to determine whether additional third-party consents, rights or privileges are needed for your use of the Content.
These Terms of Use are in addition to your obligations (if any) under a Content License Agreement with Mark Maya Photo. In the event of any conflict between these Terms of Use or any other rules and regulations on this Site with an applicable Content License Agreement or Member Supply Agreement, the Content License Agreement or the Member Supply Agreement, as the case may be, will govern.
4. Restrictions as to Use of the Site
You agree that you shall not use the Site in any manner that is not permitted by these Terms of Use or that violates any law, regulation or statute in an applicable jurisdiction. You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Site, or obtain any services or information not intentionally made available to you by Mark Maya Photo on or through the Site. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person’s or entity’s use, of the Site. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Site, including, without limitation, with respect to the origin or source of any Content or other material or content that you upload or any identifying information for your Membership Account.
You may not use the Site in a fraudulent manner, or otherwise in a manner for which the Site is not reasonably intended to be used. Without limiting the generality of the foregoing, you will not download Content for the primary purpose of artificially inflating the ranking of a given Content contributor or for the primary purpose of artificially triggering payments to a Content contributor. A Content contributor, or someone else on his/her behalf, may not download Content that such contributor has uploaded.
5. Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any Content or other content on the Site infringes upon your copyrights or other intellectual rights, you may submit a written communication to Mark Maya Photo at [email protected]. Such communication must contain the following information:
(a) a physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, in respect of the exclusive right that is allegedly infringed;
(b) a description of the copyrighted work or works that you claim has been infringed and, if applicable, a further description of what material or aspect of such Content is claimed to be infringing;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Mark Maya Photo to locate the material;
(d) information reasonably sufficient to permit Mark Maya Photo to contact you, such as an address, telephone number and an electronic mail address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
6. Management and Operation of the Site
You acknowledge and agree that Mark Maya Photo has no obligation to review any Content or other material or content uploaded or posted onto the Site, and shall have no responsibility for any such Content or other material or content. Mark Maya Photo shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Content or other material or content uploaded or posted onto the Site. If you upload or post any Content or other material or content onto the Site, or any Content or other material or content is uploaded or posted onto the Site using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Content or other material or content.
Mark Maya Photo reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that Mark Maya Photo has no obligation to make, or continue to make, the Site or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Mark Maya Photo). Mark Maya Photo reserves the right, in its sole discretion, to suspend, restrict, block, disable or terminate your access or use of the Site or your Membership Account at any time without notice or liability to you and whether or not such measures are based on the existence of a breach of these Terms of Use.
You acknowledge and agree that Mark Maya Photo shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Site, including any web log, comments to any web log, or any forum on the Site. You acknowledge and agree that Mark Maya Photo shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Site. Mark Maya Photo does not control such third party websites and the existence of any such hyperlinks does not imply any endorsement or affiliation with Mark Maya Photo.
You acknowledge and agree that Mark Maya Photo may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Site. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site. You acknowledge and agree that Mark Maya Photo may also store personal information about you on its computers within or outside Canada. By using this Site you acknowledge and agree that Mark Maya Photo may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms of Use; respond to claims that any Content violates the rights of third-parties; or to protect the rights, property, or personal safety of Mark Maya Photo, its members, users or the general public. Mark Maya Photo will take precautions to protect your personal information, however, Mark Maya Photo cannot guarantee that such personal information will be confidential and secure. Mark Maya Photo shall not be responsible or liable for any matter or thing relating to the collection, storage, use or transmission of your personal information.
