Terms of Use

General

The following are the terms and conditions of a legal agreement between you and Photonyx Images. By accessing, viewing, browsing, or downloading any content from this site, you agree to be bound by these Terms of Use and that you have read and understand all of the terms herein and that you will comply with all laws and regulations applicable to the use of this website. If you do not agree to any of these terms, please do not use this website.

Photonyx Images may, without any notice, revise and update these Terms of Use and any other material presented within this website. We may also make changes to products, services, and pricing without notice.

If any part of this Agreement is found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other terms of this Agreement shall remain in full force and effect. If Photonyx Images chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of Photonyx Images' rights with respect to such a breach or any subsequent breaches of this Agreement. This Agreement shall be governed and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Nevada. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in Nevada.

Access and use of Content

Unless noted otherwise, all materials on this Site including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of this Site (collectively, the Contents) are copyrighted property controlled and/or owned by Photonyx Images, one of its affiliates, or by third parties who have authorized their materials for use on Photonyx Images and are protected by U.S. and international copyright laws. U.S. and international copyright laws also protect the arrangement of the Contents of this Site and the method of presentation of these materials.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Contents, the Site, or any related materials, except that Photonyx Images grants you non-transferrable, non-exclusive, limited permission to access content and display this website on your computer. This permission is on the condition that you do not modify the content on this website, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any content contained within this website.

Photonyx Images may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in Photonyx Images' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Photonyx Images, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of use or otherwise.

Notwithstanding the above, any other materials made available by this website, such as photographs, interactive media, or software, for the purpose of delivering finished works to clients of Photonyx Images will be bound by their own copyright, license, and Terms of Use.

Site security

Users are strictly prohibited from violating or attempting to violate the security of this website, including but not limited to:

1. Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.
2. Attempting to scan or test the vulnerability of the website or any system or network associated with the operation of Photonyx Images without proper authorization.
3. Attempting to interfere, without limitation, with service between the website and any user, with the secure operation of the website, or with the stability of the website via means of submitting a virus to the website, overloading, spamming, or crashing the website.
4. Sending unsolicited email, including promotions and/or other advertising of products or services. Breaches or attempted breaches of our system or network security will result in prosecution and/or civil and criminal charges.

Image Hosting Service

The Image Hosting Service is provided as a convenience to clients and associates of Photonyx Images. While we make every effort to ensure availability, stability and security of this service, Photonyx Images does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. Photonyx Images recommends that you make backup copies of all files contained within your account and that you only provide username and password information to associates to whom you would like to grant access to these files. You hereby understand and agree to hold Photonyx Images harmless and defend Photonyx Images against any claim resulting from the use of this service, including, but not limited to: Unavailability of the service, loss of data, corrupted data, inaccurate data, breach of account security, and damage or loss of data caused by using this service.

User Comments, Feedback, mail and Other Submissions

All comments, feedback, mail, suggestions, ideas, and other submissions disclosed, submitted or offered to Photonyx Images in conjunction or related to your use of this Site shall be and remain the sole property of Photonyx Images. Such a suggestion or submission of any other information constitutes an assignment to Photonyx Images of all local, national, and international rights with respect to the information submitted. Thus, Photonyx Images will exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise of any comments or information submitted. Photonyx Images is and shall be under no obligation to:

1. Keep any comments or correspondence in confidence.
2. To pay the submitter any compensation or royalty for use of such comments.
3. To respond to any comments.

You agree that any comment or information that you submit to Photonyx Images does not violate any other entities rights including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that any information submitted by you to Photonyx Images will be or contain libelous, or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for any comments or information you submit to Photonyx Images.

Indemnification

You agree to defend, indemnify and hold Photonyx Images harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use of the Site.

Disclaimer of Warranty and Limitation of Liability

THIS SITE IS PROVIDED BY PHOTONYX IMAGES 'AS IS' AND 'AS AVAILABLE'. PHOTONYX IMAGES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ACCURACY OF THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. BY YOUR USE OF THE PHOTONYX.NET WEBSITE, YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL PHOTONYX IMAGES HELD LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST CAPITAL, RELATING TO OR ARISING FROM THIS WEBSITE, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.