Geoton Photo

Welcome to the Geoton Photo web site (the "Web Site"). Please review the following basic rules that govern your use of our Web Site.

PLEASE NOTE THAT YOUR USE OF THE WEB SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF USE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WEB SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF USE MAY BE UPDATED BY US FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WEB SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF USE.

User Obligations. You agree not to do any of the following while using the Web site:
  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Web site or Geoton Photo's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Web site except as permitted in writing by Geoton Photo.
Third Party Content and Monitoring. Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Web Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Geoton Photo. Geoton Photo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Web Site by anyone other than authorized Geoton Photo employees acting in their official capacities.

Services Offered on the Web Site. Geoton Photo neither endorses nor is responsible for any event, service or product listed on the Web Site on behalf of third parties ("Events"). Geoton Photo does not monitor, review or have any control over Events and you agree that you shall have no right of recourse against Geoton Photo for any liability arising out of your use (or lack thereof) of such Events.

Links. The Web Site may contain links to other web sites or resources. You acknowledge and agree that Geoton Photo is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Web Site does not imply that Geoton Photo endorses the linked site.

Protection of Content Provided by Geoton Photo and Its Licensors. All text, graphics, logos, icons, images, audio clips and software on the Web Site ("Site Content") are copyrighted materials owned by or licensed to Geoton Photo. The Site Content may contain trademarks, service marks and trade names which are owned by Geoton Photo and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Geoton Photo, its affiliates, or third parties. "Geoton Photo" is a trademark of Geoton Photo. Unless authorized in writing by an officer of Geoton Photo, Geoton Photo's trademarks may not be used in connection with any product or service that is not Geoton Photo's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Geoton Photo. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Geoton Photo or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Web Site. Nothing contained in the Web Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Geoton Photo, its affiliates, or any third party, and, except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Geoton Photo, its affiliates, and/or any third party, as applicable.

Copyrights and Designated Agent For Notification of Claims of Infringement. Geoton Photo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Geoton Photo's Designated Agent the following information:
  1. Geoton Photo's Policy Concerning Claims of Infringement.

    a. Written Notice of Copyright Claims.

    Claims of infringement should be in writing and should be directed to Geoton Photo's designated agent as specified below. Please include the following information:
    1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the site;
    4. Your address, telephone number, and email address;
    5. 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;
    6. 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 the copyright owner's behalf.
    b. Geoton Photo's Designated Agent for Notice of claims of copyright infringement:

    Geoton Photo
    2001 Goldenrod Lane,
    San Ramon, CA 94582

    Phone: 925.216.0226
    contacts@geotonphoto.com

  2. Geoton Photo's Policy Concerning Repeat Infringers. Under the appropriate circumstances, it is Geoton Photo's policy to remove and/or to disable access from Geoton Photo to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from Geoton Photo to web pages as to which there have been steps taken for the purpose of affecting Geoton Photo's search results such as adding inappropriate "meta-tags."

Notices. Geoton Photo will give you any necessary notices by posting them on the Web Site. You authorize Geoton Photo to send notices via electronic mail as well if Geoton Photo decides, in its sole discretion, to do so. You agree to check the Web Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Web Site.

DISCLAIMER OF WARRANTIES. ALTHOUGH GEOTON PHOTO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WEB SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WEB SITE. Geoton Photo DOES NOT WARRANT THAT YOUR USE OF THE WEB SITE, OR THE OPERATION OR FUNCTION OF THE WEB SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. Geoton Photo AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEB SITE, SITE CONTENT AND ANY PRODUCTS, SOFTWARE, EVENTS OR SERVICES OFFERED IN CONNECTION THEREWITH FOR ANY PURPOSE. THE WEB SITE, SITE CONTENT AND ALL SOFTWARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT SHALL GEOTON PHOTO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEB SITE, THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Geoton Photo OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS GEOTON PHOTO'S LIABILITY OR YOUR REMEDIES.

General Provisions. You agree that Geoton Photo and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Web Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Geoton Photo to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Geoton Photo in writing. The Terms of Use, along with the Geoton Photo Privacy Policy, comprises the entire agreement between you and Geoton Photo and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of Geoton Photo. Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of Geoton Photo shall be null and void. These Terms of Use will inure to the benefit of Geoton Photo's successors, assigns, and licensors. The paragraph headings in these Terms of Use, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Santa Clara County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

If you have any questions about these Terms of Use, please e-mail us at admin@geotonphoto.com.