Agreement between User and verystunningphotos.com
The network of Web Sites (collectively, the “verystunningphotos.com Web sites/ video libraries”) operated by verystunningphotos.com LLC or its affiliates or subsidiaries (“verystunningphotos.com” or “verystunningphotos.com”), is comprised of various Web sites and Web pages. The verystunningphotos.com Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the verystunningphotos.com Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular verystunningphotos.com website included within the verystunningphotos.com Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the verystunningphotos.com Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular verystunningphotos.com website, then these terms shall control.
verystunningphotos.com reserves the right to change the terms, conditions, and notices under which the verystunningphotos.com Web Sites are offered, including but not limited to the charges associated with the use of the verystunningphotos.com Web Sites. You are responsible for regularly reviewing these terms and conditions.
Use of Site: Personal and Non-commercial Use Limitation
Unless otherwise specified, the verystunningphotos.com Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the verystunningphotos.com Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with verystunningphotos.com or to purchase verystunningphotos.com products or services. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of verystunningphotos.com is strictly prohibited.
Harassment in any manner or form on the Site or any of the verystunningphotos.com Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a verystunningphotos.com employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks
The contents of these web pages are protected by appropriate copyright and trademark laws.The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of verystunningphotos.com. The collective work includes works that are licensed to verystunningphotos.com. Copyright 2009, 2010. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to verystunningphotos.com, or other respective owners that have granted verystunningphotos.com the right and license to use such Marks.
Notices and Procedures for making claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
verystunningphotos.com respects the intellectual property of others, and we ask our users and visitors to do the same. verystunningphotos.com will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, verystunningphotos.com will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide verystunningphotos.com the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit verystunningphotos.com to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Email: info[at]verystunningphotos.com
(Please include “Notice of Infringement” in the subject line.)
verystunningphotos.com does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, verystunningphotos.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, verystunningphotos.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to verystunningphotos.com at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by verystunningphotos.com in accordance with verystunningphotos.com’s Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. verystunningphotos.com will have no obligations with respect to the Communications. verystunningphotos.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
User Chat Rooms
verystunningphotos.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. verystunningphotos.com, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Third Party Links
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with verystunningphotos.com, verystunningphotos.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of verystunningphotos.com. verystunningphotos.com has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that verystunningphotos.com sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, verystunningphotos.com seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of verystunningphotos.com products or services and/or each claim or statement comparing the effectiveness of verystunningphotos.com products or services to the effectiveness of other products or services is expressly limited to the United States, unless otherwise disclosed on the Site.
The information contained in this site (i) is for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice, and (ii) does not constitute an offer of or solicitation for the purchase of products or services.
This site may contain from time to time information related to various health, medical, and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for you.
verystunningphotos.com does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, verystunningphotos.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. verystunningphotos.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. verystunningphotos.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL verystunningphotos.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF verystunningphotos.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless verystunningphotos.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of verystunningphotos.com products) shall be in the state or federal courts located in Hays County, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of verystunningphotos.com products or services) must be commenced within one (1) year after the claim or cause of action arises. verystunningphotos.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. verystunningphotos.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
verystunningphotos.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Texas.
A reference to a verystunningphotos.com product or service on this site does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. The site contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
By using this Site, you agree that verystunningphotos.com, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
verystunningphotos.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Information Collected by verystunningphotos.com
What is Personal Information?
Like many Web sites, verystunningphotos.com actively collects information from its visitors by asking you specific questions and by permitting you to communicate with us via e-mail, feedback forms and etc. Some of the information that you submit may be personally identifiable information (information that can be uniquely identified with you, such as your full name, address, e-mail address, phone number, etc).
Some areas of this site may require you to submit information in order for you to benefit from the specified features (such as newsletter subscriptions, tips/pointers, order processing) or to participate in a particular activity (such as sweepstakes or other promotions). You will be informed at each information collection point what information is required and what information is optional.
How do we use your Personal Information?
verystunningphotos.com may use the personal information we collect to contact you about our products and services or those of our clients or other third parties. verystunningphotos.com may also use your personal information to respond to your requests, contact you with information that we believe may be of interest, develop records (including records of your personal information), and improve our programs, products, services and content. In general, we do not sell your personally identifiable information to third parties or mass marketers. Unless you consent to the disclosure of your personally identifiable information, only we and our clients, respective affiliates, technical consultants, third party auditors and other third parties who make our site available, enhance its functionality, or provide associated services have access to this information. We require people that we may grant access to this information to first agree to this policy.
By submitting personal information, you agree that we may keep a record of it and may use it in accordance with the above. We also may use your personal information to help us in our business, including but not limited to improving our site, marketing and/or product development.
Please note that we do reserve the right to transfer your personally identifiable information and other information to our successors in business and purchasers of site assets.
What is Non-Personal information?
By using various technologies, certain information can be passively collected as you navigate the site. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software you are using, the domain name of the web site from which you linked to our site, the date and time of your access to our site and the pages you visited on our site.
How do we use Non-Personal information?
verystunningphotos.com uses the non-personal information we gain from your computer on an aggregated basis to do such things as operate and enhance our site. We may share non-personal information with third parties for advertising, promotional and/or other purposes.
We also reserve the right to utilize various technologies to gain insights to help better our site, such as cookies and clickstreams.
As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as clickstream or navigational data, can be collected and stored by a web site’s server. Clickstream data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the site. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our site, how visitors navigate throughout the site and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Site and our services. Clickstream data is used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.
Reviewing and Changing your information
In order to ensure that the information we maintain is accurate, verystunningphotos.com gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at info[at]verystunningphotos.com.
verystunningphotos.com is not responsible for updating information contained in third-party lists or databases.
We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on the site or our servers, will be completely free from unauthorized access by third parties such as hackers and your use of the site demonstrates your assumption of this risk.
Protection for Children
We care about protecting the online privacy of children. This site is not intentionally designed for or directed at children 13 years of age or younger without obtaining prior consent from a person with parental responsibility. It is our policy never to knowingly collect or to maintain information about anyone under the age of 13 (such as a child’s name or e-mail address). If you think that we have collected personal information from a child under the age of 13, please contact us.
Privacy Precaution Warning
Please note that we reserve the right to access and/or disclose personal information and non-personal information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which verystunningphotos.com deems improper.
You may have certain rights under the Communications Act, Federal Trade Commission Act, and other state and federal statutes that may apply, and by accepting these terms and using this site, you are waiving all of these rights as to collection, use, disclosure and storage of your personally identifiable and non-personal information as described above.
Our headquarters is in the USA in Austin, TX. This policy and our legal obligations are subject to the laws of Texas and the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the State of Texas.