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THIS DOCUMENT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE CORRECT BOX AT THE END OF THESE TERMS AND CONDITIONS OF USE (THIS "AGREEMENT"), YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is an agreement between you ("you" or the "Member") and Studio B-T Inc. , doing business as "My Travel Imagery". This Agreement governs your use of the http://www.mytravelimagery.com website for the downloading of photographs.
Your use of the Website constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.
Services on the Website are available only to, and may only be used by, individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website.
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not post onto the Website, or use the Website to transfer, any material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not upload or post onto the Website, or use the Website to transfer, any material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to any identifying information for your Membership Account.
You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used.
DPC reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that DPC has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of DPC). DPC reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.
Management of the Website
If you make payments hereunder with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize MTI to charge the designated credit or charge card or online payment account for the total amount of the payment, including any sales or similar taxes. All payments and purchases made hereunder and/or in connection with the Website are non-refundable.
MTI is the sole source for Membership and downloads - reselling is not permitted. You may make purchases hereunder using several payment options (i.e., credit card, PayPal). Upon purchase, you will receive an invoice listing the description of the purchase made, and the date of purchase. Depending on your location, local taxes and VAT might apply to your purchase.
The payment shall be due and payable in full immediately upon the date of purchase, in accordance with the terms and conditions hereof.
You acknowledge and agree that you will be solely responsible for your Membership Name and Membership Password, and that MTI may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.
You agree to indemnify, defend and hold harmless MTI and its affiliates from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website and the Works downloaded thereunder (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or "false light", right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. MTI shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with MTI in the defense of any such claim, action or matter.