Viewpoint - Terms of Use

Terms of Use

ATTENTION: Please read these terms of use (“these terms”) carefully before using, downloading or uploading any information, images or software from or to this web site. Use of this web site indicates that you accept these terms. If you do not accept these terms, do not use this web site. This web site is provided by Enliven Marketing Technologies Corporation through Viewpoint, its Consumer Products Division (the “Company”).

Copyright
The content and information on this web site, as well as the design or layout of this web site, is protected by copyright and may not be copied or imitated in whole or in part. Copyright © 2000 – 2008 Enliven Marketing Technologies Corporation. All Rights Reserved. Except as specifically permitted herein, no logo, graphic, sound image, text or other material may be reproduced in any form or by any means without prior written permission from the Company. Please report instances of such use to legal@enliven.com

Use of Software and Services
Any software that is made available to download from this web site ("Software") is the copyrighted work of the Company, its affiliates and/or providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any other products or services that are made available from this web site are the copyrighted work of the Company, its affiliates and/or third party providers. Use of such other products or services may be governed by the terms and conditions distributed or associated with such other products or services, if any. Without limiting the generality of the foregoing, use of the search services offered by the Company may be subject to Terms of Use associated with such search services, and/or the portions of this web site relating to such services, and/or the toolbars offered by the Company.

PLEASE BE ADVISED THAT PUBLICATION OR DISTRIBUTION OF DIGITAL CONTENT IN THE COMPANY’S PROPRIETARY FORMATS MAY REQUIRE A LICENSE FROM THE COMPANY. FOR INFORMATION CONCERNING LICENSING, CONTACT THE COMPANY AT legal@enliven.com.

Use of Web Site Information
Except as otherwise indicated elsewhere on this web site, you may view, download, and print the documents or information available on this web site subject to the following conditions:

The documents or information may be used solely for personal, informational, internal, or non-commercial purposes;
The documents and information may not be modified or altered in any way;
The documents and information may not be published or distributed in any way;
Any copy of the document or portion thereof must include the above copyright notice or other proprietary notices, as well as this permission notice;
The Company reserves the right to revoke the authorization to view, download and print the documents and information available on this web site at any time. Any such use shall be discontinued immediately upon written notice from the Company; and
The rights granted to you constitute a license and not a transfer of title.

Documents and information specified above do not include the design or layout of this web site. Elements of this web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Use of Fotomat Service (the "Service")
1. Accounts
A. Eligibility: To use the Service, you must open an account with the Company, which means you must register with the Company on this web site and agree to these terms (an "Account¨). You must be at least 18 years of age to use the Service. By using the Service, you certify that you are at least 18 years of age and that you agree to be bound by these terms . If you do not agree to be bound by these terms or if you are not at least 18 years of age, please immediately exit the site.

B. Use: Your Account is available for your non-commercial, personal use. Your Account can be utilized to post photographs that you want to let other specified people view and purchase. You can also use your Account to view photographs in other Accounts if you have been authorized by that account holder. Any photographs in your account are password protected unless you allow other Account holders access to such photographs. The Company reserves the right to cancel or discontinue Accounts which have been inactive for more than 60 days. We may do so at our discretion after sending an email warning to the address you used when you set up your Account. If you do not respond to the email within 10 days, your account may be removed. You may not use your Account to create an internet link to eBay or any other web site without the express written permission of the Company.

2. Photographs and Products
A. You can purchase the photographs you post to this web site from the Company in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through the Company and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.

B. You may not reproduce, display, transmit, distribute 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 the Company. While you can add captions and descriptions to the photographs in your Account in accordance with these terms, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without the Company’s prior written consent.

C. The Company makes no representations or warranties as to the accuracy, correctness or reliability of the photographs posted to this Web site, nor can the Company 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 copy the thumbnail image and e-mail it to support@enliven.com with a description of why you would like it removed.

3. Your Copyrights
The Company respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. The Company will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through the Service, please contact the Company for notice of claims of copyright infringement at support@enliven.com, or at Enliven Marketing Technologies Corporation, 205 West 39th Street, 16th Floor, New York, NY 10018, (212)-201-0800.

4. Content
A. Limits; Compliance with Law and Indemnification: You may not use the Service to post, obtain, upload, store, print, transfer or transmit any pictures, text or other image or material that is unlawful, whether a violation of civil rights (such as libel), intellectual property rights (such as copyright) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age-group, gender or sexuality or that threatens any party, or for which you have not obtained the permission of the owner of any rights in such images and materials and the persons (or their parents or legal guardians, where applicable) who are shown in such images and materials, or that is sent from an anonymous or false address. The form and content of pictures, text or other material that you post, obtain, upload, store, print, transfer and transmit is governed by applicable laws and regulations (such as, those prohibiting child abuse, pornography (including child pornography), obscenity, profanity, copyright infringement, or invasion of privacy or violation of rights of publicity) and you agree that you will not violate such laws or these terms. The Company recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content.

B. Content Monitoring: While the Company does not and cannot review all content provided to it, and is not responsible for such content, the Company reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by the Company for the purposes of delivering the offered services. All content provided by a user of the Service is the sole responsibility of that user, not the Company.

C. Unauthorized Content: If you send any image to this web site which violates any of these terms or any applicable law or regulation, for example copyrighted or pornographic material, the Company reserves the right to retain the image and charge your Account the full amount for the Service that you requested.

5. 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 the Company, 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 the Company, its subsidiaries, affiliates, suppliers, providers, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms.

6. General
You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by the Company regarding the use of the use or purchase of the photographs or the Products.

Warranties and Disclaimers
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS”. THE COMPANY AND ITS AFFILIATES AND PROVIDERS MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY AND ITS AFFILIATES HEREBY SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THIS WEB SITE AND/OR THE INFORMATION, CONTENTS, IMAGES AND/OR SOFTWARE AVAILABLE ON OR FROM THIS WEB SITE. THE COMPANY AND ITS AFFILIATES AND PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THIS WEB SITE OR ANY MATERIAL DOWNLOADED FROM THIS WEB SITE. ANY SOFTWARE DOWNLOADED FROM THIS WEB SITE AND ALL TECHNOLOGY, TRADEMARKS, INFORMATION OR SERVICES LICENSED HEREIN ARE LICENSED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THIS WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS WEB 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 THE COMPANY OR ITS AFFILIATES OR PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL THE COMPANY, OR ITS AFFILIATES OR PROVIDERS, BE LIABLE FOR SPECIAL, INCIDENTAL, DIRECT, INDIRECT, COMPENSATORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF BUSINESS, USE, DATA, IMAGES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION, THIS WEB SITE OR THE PRODUCTS OR SERVICES RELATED TO, ASSOCIATED WITH, OFFERED BY OR AVAILABLE FROM THIS WEB SITE . SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) AND/OR SERVICES DESCRIBED IN THIS WEB SITE AT ANY TIME.

This web site can be accessed from other countries around the world and may contain references to the Company’s products, services, and programs that have not been announced in your country. These references do not imply that the Company intends to announce such products, services or programs in your country.

Feedback; Confidential Information; Privacy
Unless otherwise explicitly stated herein or in the Company Online Privacy Policy (set forth at http://www.enliven.com/privacy.html),any non-personal information or material sent to the Company will be deemed NOT to be confidential. By sending the Company any non-personal information or material, you grant the Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any and all commercial or non-commercial purposes. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law. To learn more about how the Company protects your personal information, such as your name and address, please refer to the Company Privacy Policy (set forth at http://www.enliven.com/privacy.html).

Links to Third-Party Web Sites
This web site may contain links to third-party web sites not under the control of the Company. The Company makes no representations whatsoever about any other web site to which you may have access through this web site. Access of a non-Company web site is done at your own risk and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. The Company provides these links merely as a convenience. The inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such web sites.

Trademark Notice Information
The trademarks, logos and service marks ("Marks") displayed on this web site are the property of the Company, its affiliates or third parties. You are not permitted to use the Marks without the prior written consent of the Company, its affiliate or such third party which may own the Marks.

Choice of Law
These terms shall be governed by the law of the state of New York without reference to its conflict of laws principles. Any dispute or claim arising out of or related to these terms shall be finally settled by binding arbitration in New York City, New York, under the American Arbitration Association Commercial Arbitration Rules by one arbitrator appointed in accordance with the AAA Rules.

General
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The Company reserves the right to amend these terms from time to time. If you continue to use this web site once the amended terms have been posted on this web site, you will be deemed to have accepted those changes.