Terms and Conditions
Welcome to Shutterbug Central! These terms and conditions outline the rules and regulations for the use of Shutterbug Central's website, located at https://www.shutterbugcentral.com/.
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Shutterbug Central's website if you do not accept all of the terms and conditions stated on this page.
1. Definitions
In these terms and conditions:
- "Website" refers to Shutterbug Central's website accessible at https://www.shutterbugcentral.com/.
- "User," "you," and "your" refer to the person accessing this website and accepting the Company’s terms and conditions.
- "Company," "we," "us," and "our" refer to Shutterbug Central, operated by FocalPoint Media Inc.
- "Content" refers to any text, images, videos, or other material displayed on the website.
2. License to Use Website
Unless otherwise stated, Shutterbug Central and/or its licensors own the intellectual property rights for all material on Shutterbug Central. All intellectual property rights are reserved. You may view and/or print pages from https://www.shutterbugcentral.com/ for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://www.shutterbugcentral.com/
- Sell, rent, or sub-license material from https://www.shutterbugcentral.com/
- Reproduce, duplicate, or copy material from https://www.shutterbugcentral.com/
- Redistribute content from Shutterbug Central (unless content is specifically made for redistribution).
3. Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Shutterbug Central’s express written consent.
4. User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Shutterbug Central a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Shutterbug Central the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Shutterbug Central or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Shutterbug Central reserves the right to edit or remove any material submitted to this website, or stored on Shutterbug Central's servers, or hosted or published upon this website.
5. No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Shutterbug Central makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Shutterbug Central does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
6. Limitations of Liability
Shutterbug Central will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special, or consequential loss; or
- For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Shutterbug Central has been expressly advised of the potential loss.
7. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Shutterbug Central’s liability in respect of any:
- Death or personal injury caused by Shutterbug Central’s negligence;
- Fraud or fraudulent misrepresentation on the part of Shutterbug Central; or
- Matter which it would be illegal or unlawful for Shutterbug Central to exclude or limit, or to attempt or purport to exclude or limit, its liability.
8. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
9. Other Parties
You accept that, as a limited liability entity, Shutterbug Central has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Shutterbug Central’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Shutterbug Central’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Shutterbug Central.
10. Indemnity
You hereby indemnify Shutterbug Central and undertake to keep Shutterbug Central indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Shutterbug Central to a third party in settlement of a claim or dispute on the advice of Shutterbug Central’s legal advisors) incurred or suffered by Shutterbug Central arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
11. Breach of Terms and Conditions
Without prejudice to Shutterbug Central’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Shutterbug Central may take such action as Shutterbug Central deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
12. Variation
Shutterbug Central may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
13. Assignment
Shutterbug Central may transfer, sub-contract or otherwise deal with Shutterbug Central’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
14. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Entire Agreement
These terms and conditions, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Shutterbug Central in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
16. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.
If you have any questions regarding these terms and conditions, please contact us at Contact Us, via email at legal@focalpointmedia.com, or by mail at:
FocalPoint Media Inc.Legal Department
456 Elm Avenue, Suite 200
San Francisco, CA 94107
USA