TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
This site is controlled and operated by Vibrant Photos. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Vibrant Photos or by other parties that have licensed their material to Vibrant Photos (the “Copyrights”). Material from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Website or networked computer environment is prohibited.
PRIVACY
Vibrant Photos is very respectful about the privacy concerns of the visitors to its sites on the Internet. Please see our Customer Privacy Statement at (Privacy Policy Page). This Website places a “cookie” in the browser files of a Vibrant Photos user’s computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Vibrant Photos to relate a user’s use of a Vibrant Photos site to information that the user has specifically and knowingly provided, Vibrant Photos does not do so for any kids’ sites. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On sites specifically designed for children, Vibrant Photos makes a special effort to encourage children to consult with their parents before furnishing data. However, Vibrant Photos believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
LINKED SITES
Vibrant Photos, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
DISCLAIMER
The materials on the Website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Vibrant Photos disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Vibrant Photos does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Vibrant Photos’ Website or the server that makes it available are free of viruses or other harmful components. Vibrant Photos does not warrant or make any representations regarding the use or the results of the use of the materials in Vibrant Photos’ Website in terms of their correctness, accuracy, reliability or otherwise. You (and not Vibrant Photos) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Vibrant Photos’ Website is provided solely for entertainment and promotional purposes. Furthermore, neither Vibrant Photos nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided on this Website.
SUBMISSIONS
- Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Vibrant Photos throughout the universe and Vibrant Photos shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Vibrant Photos’ Website, you agree that Vibrant Photos has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
- You agree to indemnify Vibrant Photos and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
E-MAIL AND POSTINGS RECEIVED
Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. Vibrant Photos will fully co-operate with any law enforcement authorities or court order requesting or directing Vibrant Photos to disclose the identity of anyone posting any such e-mails or materials.
JURISDICTIONAL ISSUES
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Vibrant Photos bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of British Columbia, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Vibrant Photos.
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