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SITE
TERMS OF USE
The information, material and related graphics
available on this site ("Materials") are provided by Phojoe. The following terms
govern use of this site. By using this site you agree that you have read and
understood these terms and agree to be bound by these terms, and to comply with
all applicable laws and regulations regarding use of this site. If you do not
agree to these terms, contact us first.
Phojoe operates this site from its offices
within the United States. Phojoe makes no representations that the Materials
referenced on this site are appropriate or available for use in other areas of
the world. Those who access this site from locations outside the United States
are responsible for compliance with applicable local laws. Any claim relating to
this site or use of this site will be governed by and interpreted in accordance
with the laws of the State of Michigan, without reference to its
conflict-of-laws principles. Any dispute arising out of or related to your use
of this site will be brought in, and you hereby consent to exclusive
jurisdiction and venue in, the state and federal courts sitting in Waterford
County, Michigan. You agree to waive all defenses of lack of personal
jurisdiction and forum non-conveniens and agree that process may be served in a
manner authorized by applicable law or court rule.
PHOJOE reserves the right to make changes to
this site and to these terms at any time. Any change in these terms will be
prospective only, unless retroactive effect is legally required. Your continued
use of this site will constitute your acceptance of any new or amended terms.
USE RESTRICTIONS
The Materials contained on this site are
protected by copyright laws, international copyright treaties, and other
intellectual property laws and treaties. Except as stated herein, these
Materials may not be reproduced, modified, displayed or distributed in any form
or by any means without Phojoe's prior written consent.
Phojoe DOES NOT grant permission to download,
reproduce, display and distribute the Materials posted on this site for
informational and non-commercial or personal use. Unauthorized use of any of
these Materials is expressly prohibited by law, and may result in civil and
criminal penalties.
Furthermore, any Images/Photos that are
Altered by us (Phojoe) or anyone working for us CAN NOT be used for Commercial
purposes or Sold for profit, either through selling photos or services that we
have Altered in any way. This includes Images/Photos that we Restore,
Manipulate, Colorize or any other Digital Alterations that we provide to
you, our customer. We own the Copyrights to any image that we Alter
whether it is sent to us through Electronic means such as Email or Upload or
through the Mail. A signed consent form must be obtained Before any
of our copyrighted works are used on television/video, on a website that is used to promote
and offer services similar to ours or any Printed media such as flyers,
magazines, books,
brochures etc...
WARRANTIES AND DISCLAIMERS
Phojoe intends for the Materials contained on
this site to be accurate and reliable. These Materials may, however, contain
technical inaccuracies, typographical errors or other mistakes. Phojoe may make
corrections or other changes to these Materials at any time. Phojoe and its
suppliers reserve the right to make corrections, modifications, enhancements,
improvements and other changes to its products, programs and services at any
time or to discontinue any products, programs, or services without notice.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS".
PHOJOE AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY
RIGHT.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION
NOTES, REFERENCE DESIGNS AND OTHER SUCH DESIGN MATERIALS INCLUDED HEREIN ARE
PROVIDED AS AN EXAMPLE ONLY AND THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT
ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS. PHOJOE ASSUMES NO
LIABILITY FOR YOUR USE OF THESE MATERIALS OR YOUR PRODUCT DESIGNS OR ANY
APPLICATIONS ASSISTANCE PROVIDED BY PHOJOE.
PHOJOE DOES NOT WARRANT OR REPRESENT THAT ANY
LICENSE, EITHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY PATENT RIGHT,
COPYRIGHT, MASK WORK RIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF PHOJOE
COVERING OR RELATING TO THESE MATERIALS OR ANY COMBINATION, MACHINE, OR PROCESS
TO WHICH THESE MATERIALS RELATE OR WITH WHICH THESE MATERIALS MAY BE USED.
USE OF THE INFORMATION ON THIS SITE MAY REQUIRE
A LICENSE FROM A THIRD PARTY UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF
THAT THIRD PARTY, OR A LICENSE FROM PHOJOE UNDER THE PATENTS OR OTHER
INTELLECTUAL PROPERTY OF PHOJOE. PHOJOE RESERVES THE RIGHT TO USE ANY
IMAGES, EMAILS AND VERBAL COMMUNICATIONS THAT ARE SENT OR TRANSMITTED TO US
THROUGH DIGITAL AND OR PHYSICAL MEANS, FOR PROMOTIONAL PURPOSES. THIS
INCLUDES BUT IS NOT LIMITED TO THE WEB AS WELL AS PRINT. ANY PERSON WHO IS FOUND TO EXPLOIT ANY OF
OUR POLICIES AS DEEMED BY US, MAY INDUCE ADDITIONAL CHARGES IF MORE THAN A
REASONABLE AMOUNT OF CHANGES ARE REQUESTED. ANY AND ALL PHOTOS, DOCUMENTS
AND ANY OTHER VISUAL FILES THAT ARE UPLOADED THROUGH OUR UPLOAD FORMS MUST BE
COPYRIGHT CLEARED BY THE INDIVIDUAL UPLOADING THE PHOTOS. IF THE WORK HAS
BEEN COPYRIGHTED BY SOMEONE ELSE, YOU AGREE THAT BEFORE UPLOADING YOU MUST
RECEIVE A WRITTEN AND SIGNED COPYRIGHT CLEARANCE FROM THE ORIGINAL OWNER OF THE
COPYRIGHTS. IF NO SUCH SIGNED FORM IS OBTAINED, YOU AGREE TO NOT UPLOAD
ANYTHING. FURTHERMORE, PHOJOE OR ANY OF ITS ASSOCIATES CAN NOT BE HELD
LIABLE FOR PERSONS BREAKING COPYRIGHT LAWS. AFTER 45 DAYS OF INVOICE
COMPLETION, ADDITIONAL CHARGES MAY BE INCURRED AS DEEMED NECESSARY BY US IF
ADDITIONAL CHANGES ARE TO BE REQUESTED. PAYMENT MUST BE MADE IN FULL
BEFORE WE START WORK ON ANY PROJECT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOJOE OR ITS
SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES
RESULTING FROM LOSS OF USE, DATA, PROFITS OR PHOTOS WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR
PERFORMANCE OF THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER
PHOJOE OR AN AUTHORIZED PHOJOE REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WE CAN'T BE HELD RESPONSIBLE FOR A LOST OR
DAMAGED PHOTO WHETHER IT'S IN TRANSMISSION TO US OR AWAY FROM US, OR WHILE IT'S
IN OUR PRESENCE. WE TAKE EXTREME MEASURES TO ASSURE THAT YOUR PHOTOS AND
PRIZED POSSESSIONS ARE UNDER THE UTMOST CARE WHEN HANDLED BY US. THEY ARE
CAREFULLY STORED IN A CLIMATE CONTROLLED ROOM TO PREVENT ANY FURTHER DAMAGE.
WHEN THEY ARE HANDLED, THEY ARE TREATED AND HANDLED LIKE PRICELESS WORKS
OF ART.
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