MEGASHOT

Terms of Use

 

Welcome to the Megashot.net Inc Terms of Use. Megashot.net provides its website and related services (“Site”) subject to the following Terms of Use (“Terms”). By accessing this site and using all of it's services ("Services") including but not limited to, uploading and sharing your images, using the forums and publishing tools, buying and selling images and other goods and services, you agree to be bound by our Privacy Policy and Term of Service. Megashot.net, in its sole discretion, may modify this Agreement from time to time, without notice. We may announce any major changes in our policy but please visit and review this agreement from time to time.

1. Registration Description of the Services

To use the services offered on this site, you are required to register and create an account. Once you have created an account, you will be a "Registered User." To create an account, you are required to provide some information such as first name, last name and a valid e-mail address. You will also be required to choose a password by which you may access your account. The information you provide will be safeguarded by our Privacy Policy.

2. Using the Services offered

You will be fully responsible for the content and any activities occurring under your password protected account. Your Megashot.net account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Site and it’s Services. You agree not to disclose your password to any third party, nor to permit any third party to use your Megashot.net account. You should upload to your account, the material you own and you hold the copyright to. Upload of pornographic material to your account is strictly prohibited and you may store them on your own hard drive on your own storage devices.

You may terminate your account at any time, for any reason. Megashot.net reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for breach of any part of this Agreement

Although the Site and Services are normally available, there will be occasions when the Site or Services may be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Megashot.net Also, Your access and use of the Sites is at your risk. If you are dissatisfied with any of the Content contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

MegaShot.net will normally only delete Content that violates this Agreement, Megashot.net reserves the right to delete any Content for any reason, without prior notice. Megashot.net encourages you to keep and maintain your own backup of your User Content on your own computer or elsewhere as well. In other words, you should NOT rely on Megashot.net as a backup service, as MegaShot.net will not be liable to you for any modification, suspension, or the loss of any Content.

3. Eligibility

Users of the Services must be at least 13 years of age. Megashot will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use Megashot only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Megashot will immediately delete any account believed to have been created by children under 13

4. User conduct

PLEASE DO NOT UPLOAD IMAGES THAT DO NOT BELONG TO YOU, WITHOUT PRIOR CONSENT AND KNOWLEDGE OF THE ORIGINAL ARTIST. IF YOU HAVE TO UPLOAD SUCH MATERIALS, FOR ANY REASON, IN ADDITION TO PRIOR CONSENT AND AGREEMENT OF THE ORIGINAL ARTIST, YOU SHOULD ALSO PROVIDE CLEAR AND HIGHLY VISIBLE PROPER CREDIT TO THE ORIGINAL ARTIST.

By using this site, you also agree not to:

  • a. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  • b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • c. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
  • d. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • e. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  • f. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • g. upload, download, post, email or otherwise transmit false or misleading information;
  • h. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
  • i. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  • j. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
  • k. Use our internal mailing system for any other reasons except for community affair, such as inciting your network to a community.

5.Home store, listing and Selling

IMPORTANT

When selling items in your Home Store, Megashot acts as a venue to allow users who comply with Megashot's policies to offer, sell and buy certain items and goods within a fixed-price format. Megashot is not directly involved in the transaction between buyers and sellers. As a result, Megashot has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Megashot does not pre-screen users or the content or information provided by users. Megashot cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Megashot does not transfer legal ownership of items from the seller to the buyer.

Megashot cannot guarantee the true identity, age, and nationality of a user. Megashot encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Megashot is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Megashot. You use the Megashot service at your own risk.

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Megashot’s site-wide policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Home Store. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

Shop Policies: All sellers are urged to outline shop policies for their Megashot Home Store. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All store policies must comply with Megashot’s site-wide policies. Sellers are responsible for enforcing their own reasonable store policies. Megashot reserves the right to request that a seller modify a store policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Truth in Selling: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items..

6. Refund Policy

Megashot.net will not honor any refunds for any paid Megashot.net account and services. The free subscription period is for you to test and experience the services offered. After the trial period is over, there will be no refunds issued for any paid subscription.

7. Disclaimer of Warranty

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MEGASHOT DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD MEGASHOT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY

9. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Massachusetts, excluding its conflicts of laws rules, and the United States of America.

Effective date; January 1st, 2010