Updated November 9, 2007
ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
Photocentric Limited ("PHOTOCENTRIC LIMITED") terms of service. These
Terms of Service ("TOS") apply to web sites and interactive services
owned or operated by PHOTOCENTRIC LIMITED which include, but are not
limited to, APUG.ORG, Hybridphoto.com, LVL39.COM.
The TOS applies to each visitor to and user of the Services, including
unregistered and registered users and paying subscribers (individually
"User" and collectively, "Users"). Certain additional terms apply to
paying subscribers which are set forth in Article II below. By visiting
or using the Services you are agreeing to abide by the TOS.
PHOTOCENTRIC LIMITED may change the TOS at any time and the changes
will become effective 15 days after posting the revised TOS (the
"Effective Date"). You can review the most current version of the TOS
at any time at http://www.photocentric.co.nz/tos.html.
You are responsible for checking periodically for changes and your
continued use of the PHOTOCENTRIC LIMITED Services after the Effective
Date indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be posted from time
to time on a particular Service that will also apply to use of such
Service, and such Guidelines are incorporated by reference into the
TOS. PHOTOCENTRIC LIMITED may also offer certain Services that are
governed by different terms of service and such different terms of
service will be posted and govern the use of such Service.
2. PHOTOCENTRIC LIMITED Services
A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online
resources, including various communication tools, online forums,
personalized content and branded programming. Some Services are
presently provided free of charge and others require payment.
PHOTOCENTRIC LIMITED reserves the right to change or to discontinue
temporarily or permanently the Services at any time without notice. You
agree that PHOTOCENTRIC LIMITED will not be liable to you or any third
party for any modification or discontinuance of the Services.
B. Service Limitations. We work hard
to make your experience enjoyable. However, we cannot always anticipate
technical or other operational difficulties which may result in loss of
data, personalization settings or other service interruptions. For this
reason, you agree that the Services, including the services of our
third-party service providers, are provided "AS IS" and "AS AVAILABLE".
Neither PHOTOCENTRIC LIMITED nor our third-party service providers
assume responsibility for the timeliness, deletion, mis-delivery or
failure to store any data, communications or personalization settings.
Please refer to Section 6 below for full details.
LIMITED respects your privacy and has developed a detailed Privacy
Policy that is incorporated into the TOS. Please take the time to read
As a User of the Services, you are accepting the terms of our Privacy
D. Posting User Content; No Endorsement of User
Content. You are solely responsible for all User Content
(as defined in the next sentence) that you upload, post, email,
transmit or otherwise make available on or through the Services
(collectively, "Post"). "User Content" means User-Posted content or
information of any type or medium, including but not limited to:
letters, emails or other messages; other forms of communication through
the Services; personal User information; board posts; reader reviews;
blogs, data, notes and testimonials; poll votes; images; audio or video
files; and software. You may Post only User Content which you own, have
created or which you have clear permission to Post. You acknowledge and
agree that PHOTOCENTRIC LIMITED does not endorse any User Content and
is not responsible or liable for any User Content, even though it may
be unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or
may infringe upon the intellectual property or other rights of another.
You acknowledge that PHOTOCENTRIC LIMITED does not pre-screen User
Content, and has no obligation to do so, but that PHOTOCENTRIC LIMITED
and its subsidiaries will have the right (but not the obligation) in
their sole discretion to refuse, edit, move or remove any User Content
that is posted on or through the Service.
E. Third Party Sites; Advertisers and Classified Ad sales. The Services may provide you with opportunities links or other
opportunities to purchase or use certain sites, services, products, applications or
content offered by or through PHOTOCENTRIC LIMITED's third-party
providers and systems, including but not limited to advertisers, classified ad placements, content and
ecommerce providers (collectively "Third-Party Services"). Your use of
any Third-Party Services is subject to any terms of service or
conditions of use associated with the Third-Party Services.
PHOTOCENTRIC LIMITED does not control Third-Party Services and is not
responsible for any Third-Party Services or for the contents thereof,
including, without limitation, any links that may be contained in or
accessible through Third-Party Services. PHOTOCENTRIC LIMITED does not
endorse any Third-Party Services or any products, content or
communications linked to or accessible from the Services. You agree you
are wholly responsible for making your own independent judgment
regarding your user or interaction with Third-Party Services.
F. Classified Ads. The classified ad listings on PHOTOCENTRIC LIMITED websites such as classified sales or trades are use at your own risk. PHOTOCENTRIC LIMITED does not control User submitted classified ads and is not
responsible for any ads or for the contents thereof,
including, without limitation, any links that may be contained in or
accessible through Third-Party Services. PHOTOCENTRIC LIMITED does not
endorse any classified ads or any products, content or
communications linked to or accessible from the Services. You agree you
are wholly responsible for making your own independent judgment
regarding your user or interaction with classified ads.
3. General Rules
For the benefit of the entire PHOTOCENTRIC LIMITED community, and to
comply with applicable laws, we have certain general rules, which
PHOTOCENTRIC LIMITED will construe in its sole discretion. Because
violation of these rules may be grounds for immediate termination of
your right to use the Services or other actions by PHOTOCENTRIC
LIMITED, you should carefully read and follow them.
A. Provide Accurate Information. You
agree to provide true, accurate, current and complete information about
yourself as requested in the Services registration forms (the
"Registration Data"). You agree to update the Registration Data to keep
it current and accurate.
B. Guard Your Password. Upon
completing the registration process on any of our websites, you will
receive an account and select a password. You are responsible for
maintaining the confidentiality of your password and account, and you
are fully responsible for all activities that occur under your password
or account. In the event of any unauthorized use of your password or
account or any other breach of security, you must notify PHOTOCENTRIC
LIMITED immediately and promptly change your password. Please visit the
Support Center (http://www.photocentric.co.nz/help.html)
for instructions on how to change your password or to contact
C. Obey the Law. You agree not to
use the Services for illegal purposes or for the transmission of
material that is unlawful, harassing, libelous (e.g., untrue and
damaging to others), invasive of another's privacy, abusive,
threatening, or obscene, or that infringes the copyright (e.g., rights
of an owner or authorized user of material) or other intellectual
property rights of others.
D. Permitted Use of Content. The
content included in the Services, including all Web site designs, text,
graphics, photos, audio, video, the selection and arrangement thereof,
and all software that are part of the Services (collectively, the
"Content") is owned or licensed by PHOTOCENTRIC LIMITED and/or its
licensors. All Content is made available to you for your personal,
non-commercial use and may be stored on a computer only for such use.
The Content is protected by copyright, trademark, service mark, patent
and other proprietary rights and laws. Publication, sale,
redistribution in any form or medium, as well as modification or use of
the Content, except as expressly permitted, is prohibited without the
prior written permission of PHOTOCENTRIC LIMITED.
Information transmitted by our staff in emails or
the private message systems is intended only for the person or entity
to which it is addressed and may contain confidential and/or privileged
material. Any review, dissemination, retransmission or any other use
of, or taking of any action in reliance upon, this information by
persons or entities other than the intended recipient is prohibited.
E. Limits on Use of the Services. You agree not to engage in any of the following: (i) use any automated
means, including, without limitation, agents, robots, scripts, or
spiders, to access, monitor, data scrape, copy or transfer any part of
the Services or the Registration Data or other data of any User
(whether individually or in the aggregate); (ii) probe, scan or test
the vulnerability of the Services, or breach the security or
authentication measures on the Services; (iii) reverse look-up, trace
or seek to trace any information on any other User of the Services,
including any PHOTOCENTRIC LIMITED account not owned by you, to its
source, or exploit the Services in any way where the purpose is to
reveal any information, including but not limited to personal
identification or information, other than your own information as
provided for by the Services; (iv) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Services; (v) use any device, software or routine to interfere or
attempt to interfere with the proper working or authorized uses of the
Services or with any other person's use of the Services; (vi) forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any message transmittal you send on or through the Services;
and (vii) impersonate any other individual or entity or misrepresent
your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using
and/or registering for community forums, video sharing, photo sharing,
user pages, blogs or other tools or applications for communicating,
posting, or creating User Content (collectively the "User Tools"), you
agree to use the User Tools only to post User Content that is proper
and related to the particular forum. By way of example, and not as a
limitation, you agree that when using the User Tools, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
- Post any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
- Post files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
expressly received all necessary consents.
- Post files or content that contains viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
- Advertise or offer to sell any goods or services for
any commercial purpose.
- Post surveys, contests, pyramid schemes or chain
- Download any file posted by another User of a forum
that you know, or reasonably should know, cannot be legally distributed
in such manner.
- Restrict or inhibit any other User from using and
enjoying any public area of the Services.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that
is uploaded, or impersonate any person or entity or falsely state or
misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name or
avatar that, in PHOTOCENTRIC LIMITED's sole discretion, is obscene,
indecent, offensive, or abusive or that might otherwise be
objectionable or inappropriate, we reserve the right without prior
notice to you to delete or change the offending language including your
user name or avatar.
Forum Participation rules
Members (includes standard members and
-Please note that with each post, your IP address is recorded, in the
event that you need to be banned from this forum or your ISP contacted.
This will only happen in the event of a major violation of these rules.
-Posting under multiple usernames will typically be outed to the
community and result in possible ban.
-Photocentric Ltd does not tolerate personal attacks and will delete such posts and
ban users if necessary.
-If a staff member contacts you asking for changes in your posting
style or habits, please abide by them or face removal from the system.
-If you vehemently disagree with a moderators decision contact us
offline -DO NOT TAKE IT OUT ON THE MODERATOR. Do not post a thread to
discuss your disagreement, and do not send hostile messages to staff.
We are very protective of our staff and will swiftly remove accounts
that show hostility towards them.
-Cursing/swearing is tolerated but not encouraged. Excessive swearing
or swearing in topic titles could result in being banned.
-You may not start fights or induce fights in the forums. Use private
means to resolve a dispute. Open flaming will result in removed posts,
possible warnings and/or bans.
-Do not cross post a message in the forums (posting the same thread in
multiple forums for more help/attention). Pick a forum, post the
message, and let it be.
-no general politics (if the thread involves photography it may be
allowed until it becomes unproductive, then it will be moved to a "Soap
-no religious discussions or statements in the general forums (this includes forum signatures)
-no digital vs. traditional threads in general forums
-Spamming is not tolerated. If it becomes blatant that your signature
and user account are often or predominantly involved with self
promoting your products you may be warned or banned. Active members who
contribute to the community are allowed signature links to their
business or websites and an ocassional (we stress OCASSIONAL) plug of
their work, typically 1 or 2 times per year depending on how much they
-When are links to external sites permitted? If you are linking to off
site content which YOU OWN OR ARE AFFILIATED WITH it must be a direct
link to the content and not a blanket link to your content. For example
a link to your article should be www.mysite.com/article1.html NOT www.mysite.com *Be warned using Photocentric websites as a vehicle to post links to
your external sources can be regarded by management and forum users as
a form of spamming and elicit an extremely negative response from the
community. The *occasional direct* link to your own content is
acceptable but if it is all you tend to do when using our services
we'll have to evaluate your membership.
-If you are engaged in a constructive argument, make sure your posts
are clear and that you aren't inadvertently starting a flame war.
-In some extreme cases we may place you on a "watchlist", which means
you can post messages but we must approve them first. If you post and
it does not appear it is likely your posts are being monitored first.
Do not try to argue a case against being placed on the watchlist, or
how long you will be on the watchlist. Post approvals for watchlist
users happen several times a day, please do not ask when your post will
be approved. We will not waste time explaining why certain posts will
not be approved.
-Multiple accounts are not allowed and may be merged to your old account, deleted or placed in a hidden state by the forum software(you may or may not be notified of these actions).
-Use common sense when posting.
-Questions regarding digital techniques or digital techniques connected
with traditional processes should be posted at hybridphoto.com (or the
many other digital oriented sites).
-Do not publicly post any personal details of individuals who have not
explicitly given their blessing for you to do so (for example
addresses, email addresses, phone numbers). Such information will be
removed as it will be indexed across the internet possibly against
their will. Private off line exchange of such information is fine.
Linking to contact information which they have posted is also another
method that is acceptable.
-Refrain from discussing members who were banned. Such discussion is
unfair when the person in question can not post to defend themselves or
-Poaching is basically when an active member(s) of our websites
(typically disgruntled member(s) or participant(s) of competing
websites trying to gain new members) use clandestine methods of
contacting our membership on a mass scale, trying to convince them to
"try out" or "have a look" at a different website, the idea being to
either poach members away from our sites to the site of their
preference or poaching to build numbers on external websites. If we are
made aware that certain individuals are engaged in using our systems
for poaching, it would be grounds for banning the poachers account.
This is absolutely a form of spam and we are adding this policy to our
additional spam policies throughout our system. If you've been
contacted by someone that is engaging in this type of spamming, please
let us know (your anonymity will be guaranteed.)
Sponsors (Advertisers and their affiliates)
Due to the growth of the system and the amount of sponsors we require
that sponsors and their affiliates are to stay out of discussion
regarding other sponsors threads or other sponsors products. This for
example prevents sponsor A from posting something such as "We have a
new camera bag out that is far superior to sponsor B's bags", or maybe
the guy who designed the bag for sponsor A, posting claims that sponsor
B and C have poorly made bags, etc. When this sort of thing is allowed,
it can only end in forum wars between sponsors. Is this censorship? To
some degree yes, the sponsors are being asked to stay in their
respective corners. It is sad that such a policy is needed but we
refuse to end up with forums full of these types of wars. Typically
sponsors do this on their own anyway, however from time to time we have
some sponsors or those involved with them, banging heads until there is
an all out escalation that sours the forums.
2) User Tools. PHOTOCENTRIC LIMITED
and its affiliates reserve the right to terminate your access without
refund to any or all of the User Tools at any time without notice for
any reason whatsoever.
3) Monitoring. PHOTOCENTRIC LIMITED
and its affiliates have no obligation to pre-screen or monitor the User
Tools or the content Posted on or through any User Tools. However,
PHOTOCENTRIC LIMITED and its affiliates reserve the right at all times
to edit or remove any content or communications, in whole or in part,
in PHOTOCENTRIC LIMITED 's or any of its affiliates' sole discretion
and to disclose any information or take any action as necessary to
satisfy any applicable law, regulation, legal process or governmental
4) Usage. Content or communications
posted using the User Tools are generally public, not private,
communications and others may read your communications without your
knowledge or consent. You should not have any expectation of privacy
relative to your communications through the User Tools. Always use
caution when posting personal information especially when posting
information that could personally identify you. Your posting of any
User Content through the User Tools is done at your own risk.
PHOTOCENTRIC LIMITED is not responsible for its theft, copying or
placement of that User Content on other media or networks. PHOTOCENTRIC
LIMITED and its affiliates do not control or endorse the content,
messages or information found in any community and, therefore,
PHOTOCENTRIC LIMITED and its affiliates specifically disclaim any
liability with regard to the User Tools and the content therein and any
actions resulting from your participation or the participation of
others using the User Tools. Community managers, moderators, council
members and hosts are not authorized spokespersons of PHOTOCENTRIC
LIMITED or any of its affiliates, and their views do not necessarily
reflect those of PHOTOCENTRIC LIMITED and its affiliates. Community
managers, moderators, council members and hosts do, however, set
standards on their own community areas. By posting User Content through
the User Tools you grant PHOTOCENTRIC LIMITED certain rights as
described in Section 4A below.
Any material or third party software downloaded through or for the use
of the Services is done at your own discretion and risk, and
PHOTOCENTRIC LIMITED will not be responsible in any way for any damage
to your computer system or loss of data that results from the download
of any such material. No advice or information, whether oral or
written, obtained by you from the Services or our third party service
providers will create any warranty not expressly stated.
4. Rights You Grant to PHOTOCENTRIC LIMITED.
A. User Content. By submitting any
User Content through or to the Services, including on any User Tools or
User Pages, but excluding any User Content you submit on PHOTOCENTRIC
LIMITED Blogs, you hereby irrevocably grant to PHOTOCENTRIC LIMITED,
its affiliates and distributors, a worldwide, royalty-free,
non-exclusive, and fully sub-licensable license, to use, reproduce,
modify, adapt, translate, publicly perform, publicly display, create
derivative works from, transfer, transmit and distribute on the
Services, in connection with promotion or elsewhere, such User Content
(in whole or in part) and to incorporate the User Content into other
works in any format or medium now known or later developed.
PHOTOCENTRIC LIMITED will take reasonable precautions to help you to
keep your email and voicemail messages private. The foregoing grants
shall include the right to exploit any proprietary rights in such User
Content, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction.
With respect to User Content you Post for inclusion on publicly
accessible areas of PHOTOCENTRIC LIMITED Blogs, you grant PHOTOCENTRIC
LIMITED the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such User Content on the Services
or on any media. You agree that the foregoing grant of rights by you to
PHOTOCENTRIC LIMITED and its affiliates is provided without any the
entitlement of payment of fees or consideration.
B. Account Access. In order to
ensure that PHOTOCENTRIC LIMITED is able to provide high-quality
services that are responsive to Users' needs, you agree that
PHOTOCENTRIC LIMITED representatives will have access to your account
and records as reasonably needed to investigate complaints. You are
responsible for providing all personal computer and communications
equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 16.
PHOTOCENTRIC LIMITED will not knowingly collect personally identifiable
information on or through the Services from anyone under 16. Please be
aware that certain areas on the Services contain mature content and
there may be posted specific age restrictions to access and view such
areas. You may be exposed to Content on the Services that you find
offensive, indecent or objectionable. By using the Services you assume
all risk associated with its use. We encourage parents to supervise
their children's use of the Services and maintain open communication
regarding appropriate materials for use and viewing by their children.
Note to Parents. If you have any concerns about the Services, please
contact us via our online form available at http://www.photocentric.co.nz/contact.html
6. Other Legal Stuff
A. Disclaimer of Warranties. You
expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PHOTOCENTRIC LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "PHOTOCENTRIC LIMITED
PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
THE PHOTOCENTRIC LIMITED PARTIES MAKE NO WARRANTY
THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL
MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN
WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY
PHOTOCENTRIC LIMITED PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO
HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE
SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF
THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR
INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY
OF THE PHOTOCENTRIC LIMITED PARTIES WILL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. To the extent that any part of
this section is not consistent with any other part of the TOS, then
this Disclaimer of Warranties will override it.
C. Limitation of Liability. YOU AGREE THAT THE
PHOTOCENTRIC LIMITED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PHOTOCENTRIC LIMITED
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE
COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE
SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF,
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY
PHOTOCENTRIC LIMITED PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE
OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE
SERVICES, LIABILITY OF THE PHOTOCENTRIC LIMITED PARTIES SHALL IN NO
EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR
SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES
PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE
AGAINST PHOTOCENTRIC LIMITED, OR (II) NZ$100.00.
D. Indemnification. You agree to
protect and fully compensate the PHOTOCENTRIC LIMITED Parties from any
and all third-party claims, liability, damages, expenses and costs
(including, but not limited to, reasonable attorneys' fees) arising
from your use of the Services, or violation of the TOS by you or any
other user of your account (whether or not authorized).
E. Copyright Infringement. If you
believe that content you own has been used on the Services in a way
that violates your copyright or other intellectual property rights,
please provide PHOTOCENTRIC LIMITED's Copyright Agent the following
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright or
intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
PHOTOCENTRIC LIMITED's Desigated Agent for Notice of
claims of copyright or other intellectual property infringement can be
reached as follows:
F. Miscellaneous. PHOTOCENTRIC LIMITED's rights under the TOS may not be waived unless
PHOTOCENTRIC LIMITED agrees to such change in writing. The TOS and your
account on the Services are personal to you and may not be transferred
or assigned. The TOS is governed by New Zealand law, without regard to
its conflicts of law provisions; and you hereby consent to the
exclusive jurisdiction of and venue in the court system located in New
Zealand. in all disputes arising out of or relating to the Services.
Use of the Services is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this Section. PHOTOCENTRIC LIMITED's performance of
the TOS is subject to existing laws and legal process, and nothing
contained in the TOS is in derogation of our right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Services or information provided to or
gathered by PHOTOCENTRIC LIMITED with respect to such use. If any part
of the TOS is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the TOS shall continue in
effect. The TOS, together with any additional terms and conditions or
policies referred to and incorporated herein (including additional
terms applicable to various parts of the Services and the Privacy
Policy), constitutes the entire understanding between you and
PHOTOCENTRIC LIMITED regarding the Services. A printed version of the
TOS and any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to the
TOS to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. The parties have agreed that the TOS shall be written in
G. Notices. PHOTOCENTRIC LIMITED may
give you notice of certain events from time to time and may be required
by law to notify you of certain events. You hereby acknowledge and
consent that such notices will be effective upon our posting them on
our Services or delivering them to you through email if you have
provided PHOTOCENTRIC LIMITED with your accurate email address.
Direct questions or notices to PHOTOCENTRIC LIMITED as follows:
Attn: Sean Ross
7 Arthur Street
number available on request
ARTICLE II. Subscription Terms of Service
Certain Services provided by PHOTOCENTRIC LIMITED require registration
and payment (such Services are referred to as the "Premium Services").
The terms and conditions contained in this Article II (the "Subscriber
TOS") apply to each subscriber to a Premium Service, including but not
limited to APUG.ORG subscriber benefits. THE SUBSCRIBER TOS IS IN
ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE TOS, AND THE TOS
IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE TOS,
INCLUDING THE SUBSCRIBER TOS, CAREFULLY PRIOR TO COMPLETING YOUR
REGISTRATION FOR A PREMIUM SERVICE. BY REGISTERING FOR THE PREMIUM
SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THE SUBSCRIBER TOS AS WELL AS ALL OTHER PROVISIONS OF
THE TOS. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS
OF THE TOS (INCLUDING THE SUBSCRIBER TOS), YOU MUST DISCONTINUE THE
For questions about your PHOTOCENTRIC LIMITED subscription, please
visit our help section http://www.photocentric.co.nz/help.html All
questions that cannot be answered via help should be sent using our
online form, available at http://www.photocentric.co.nz/contact.html Please include your name and username in all correspondence.
1. Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your
Premium Service account, including without limitation, periodic
subscription fees (the initial fee and automatic renewals if you setup
automatic renewals). You grant PHOTOCENTRIC LIMITED permission to
charge your credit card (or other approved facility) to pay for all
such charges. The subscription fee will be billed at the beginning of
your subscription and on each annual, quarterly or monthly renewal
thereafter, dependant on the original subscription term selected at
registration, unless you cancel at least 10 days prior to the renewal
date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription. You grant PHOTOCENTRIC LIMITED permission to automatically renew your
subscription and charge your account up to five (5) days prior to the
day on which your subscription is scheduled to end. However, you may
"opt out" of this automatic renewal by visiting The Support Center (http://www.photocentric.co.nz/help.html)
and canceling on your own or by using our online form to notify
PHOTOCENTRIC LIMITED. PHOTOCENTRIC LIMITED will cancel your account
upon receipt of such notification from you. All fees, charges and sales
are final. Once charged to your credit card, the payments are
nonrefundable, except in cases of demonstrated fraud, which will be
determined at PHOTOCENTRIC LIMITED's sole discretion. You acknowledge
that canceling your subscription will not immediately terminate access
to the Premium Services. Your subscription will remain open until the
paid period expires. You acknowledge and agree that the authorization
to charge your credit card or other payment mechanism for the Premium
Services shall automatically transfer to any successors or assigns of
the Premium Service for substantially similar services at the same
website. You may not assign or transfer your subscription to any other
person or entity. You must be at least 18 years old (or have the
permission of a credit card holder who is) to subscribe for Premium
Payment must be made by a major credit card accepted by PHOTOCENTRIC
LIMITED, check, PayPal, or money order (U.S. dollars only). If
PHOTOCENTRIC LIMITED does not receive payment from the credit card
issuer or its agent, you agree to pay all amounts due upon our demand.
Your card issuer agreement governs your use of your designated card in
connection with the Premium Service, and you must refer to that
agreement and not the TOS to determine your rights and liabilities as a
cardholder. YOU, AND NOT PHOTOCENTRIC LIMITED, ARE RESPONSIBLE FOR
PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF
THEY WERE NOT AUTHORIZED BY YOU.
PHOTOCENTRIC LIMITED RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS
FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES
OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY PHOTOCENTRIC
LIMITED, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT
PHOTOCENTRIC LIMITED. PHOTOCENTRIC LIMITED MAY ADDITIONALLY PROVIDE
NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable
to you, you may cancel your Subscription Service by visiting The
Support Center (http://www.photocentric.co.nz/help.html).
However, canceling will not immediately terminate access to your
Premium Service account and PHOTOCENTRIC LIMITED will not refund the
remaining portion of your subscription. The subscription will remain
open until the paid period expires. YOUR CONTINUED USE OF THE PREMIUM
SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND
BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
PHOTOCENTRIC LIMITED IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR
SUBCRIPTION EITHER IN WRITING BY EMAIL, FAX, OR LETTER ON OR THROUGH
THE WEB SITE. YOU AGREE AND ACKNOWLEDGE THAT PHOTOCENTRIC LIMITED SHALL
NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS
THAT YOU HAVE NOT SUBMITTED TO PHOTOCENTRIC LIMITED THROUGH THE SUPPORT
CENTER WITHIN 60 DAYS OF SUCH OCCURANCE OR LACK THEREOF.
There shall be no refunds, except in demonstrated cases of credit card
fraud (as determined by PHOTOCENTRIC LIMITED at its sole discretion) or
under the terms agreed to when purchasing a product or service as
agreed to during the payment process. You understand and agree that as
a result of processing a refund PHOTOCENTRIC LIMITED incurs certain
administrative costs, and may request you to cover these costs.
3. Termination of Your Subscription. You acknowledge that PHOTOCENTRIC LIMITED, in its sole discretion, may
terminate your ID, password, account (or any part thereof) or use of
the Premium Service for a variety of reasons, including, without
limitation, if PHOTOCENTRIC LIMITED believes that you have violated or
acted inconsistently with the letter or spirit of the TOS or any other
agreement referred to in the TOS. PHOTOCENTRIC LIMITED may also, in its
sole discretion, at any time discontinue providing the Premium Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Premium Service under any provision
of the TOS may be effected without prior notice, and acknowledge and
agree that PHOTOCENTRIC LIMITED may immediately deactivate or delete
your account and/or bar any further access to the Premium Service. If
your account is terminated by PHOTOCENTRIC LIMITED, it will not be
automatically renewed and access will be terminated, without refund.
Further, you agree that PHOTOCENTRIC LIMITED shall not be liable to you
or any third-party for termination of your access to the Premium
Service. YOU AGREE AND ACKNOWLEDGE THAT PHOTOCENTRIC LIMITED SHALL NOT
REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE
60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Subscriber Information. You agree
to provide and maintain true, accurate, current and complete
information about yourself as prompted by the Premium Service
registration process. You must promptly inform PHOTOCENTRIC LIMITED of
any of the following: changes in the expiration date of any credit card
used in connection with the Premium Service; changes in home or billing
address; and apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. You agree to
notify PHOTOCENTRIC LIMITED immediately upon learning of any potential
breach of your Premium Service account.
5. Use Restriction. The material on
the Services is for the private, non-commercial enjoyment of
Subscribers only. Any other use is strictly prohibited. PHOTOCENTRIC
LIMITED spends a great deal of time and money to obtain the information
appearing on our sites. You agree that you will not copy, publish, or
in any way make available publicly any news, pictures, interviews,
features, or any other information, content or materials from the
Services, without express written permission from PHOTOCENTRIC LIMITED.
You agree that if you do so, PHOTOCENTRIC LIMITED reserves the right to
cancel your subscription immediately without refund. Additionally,
reuse of copyrighted information (including but not limited to
pictures, interviews, features, videos, audio, etc.) will be prosecuted
to the fullest extent of the law.