Terms of Service
Please read this Terms of Service agreement (the “Agreement”) carefully.Your use of the Site (as defined below) constitutes your agreement to this Agreement.
This Agreement is between you (“you”) and Tamron USA, Inc. (“Company,” “we,” “us”) concerning your use of the online site currently located at http://tamron.myphotoexhibits.com/ and/or http://tmrn.us (together with any successor site(s) and all Services (as defined below), the “Site”).
- Acceptance of Terms.The Site is made available by Company subject to this Agreement.We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site.You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement.When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.Your continued use of the Site after such changes will indicate your acceptance of such changes.
- Jurisdictional Issues.The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States.Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Description of the Services.We provide users of the Site with access to certain content and services related to the showcase of users’ photographs, which may include, without limitation:(a) services such as profiles, forums, registration functionality, Promotions (as defined below), tools, photos, reviews and links to third party websites; and (b) content such as photographs, graphics, images, text, user comments, opinions, postings and messages and other similar content (such content and services, collectively, the "Services").
- Rules of Conduct.While using the Site you will comply with all applicable laws, rules and regulations.In addition, we expect users of the Site to respect the rights and dignity of others.Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 18 below.You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including without limitation any representative of Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without Company’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Company’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.Company reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
Accuracy of Information.We attempt to ensure that information on this Site is complete, accurate and current.Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date.We make no representation as to the completeness, accuracy or currentness of any information on this Site.
Registration; User Names and Passwords.You may be required to register with Company in order to access certain Services or areas of the Site.With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person.You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party.You are fully responsible for all interaction with the Site that occurs in connection with your password or user name.You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session.We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Profiles and Forums.You may post certain information and materials on your “profile page” (your “Profile”).Further, we and/or our service providers may make available through the Site services (for example, photo showcases, the “guestbook” and other comment functionality on the Site, among other services) to which you are able to post information and materials (each, a "Forum").
Information contained in the Profiles and Forums may be provided by employees of Company and the Affiliated Entities as well as by third party visitors to the Site.Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive.Company and the Affiliated Entities, and their respective officers, directors, employees, agents, shareholders, licensors, distributors, representatives, suppliers, service providers, successors and assigns (collectively with Company, the “Company Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties.Without limitation, the Company Entities are not responsible for any information or materials made available through the Profiles and Forums (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials.Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on such information or materials.The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of any of the Company Entities.
In addition, the Company Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Profile or a Forum or any other part of the Site.If you choose to make any of your personally identifiable or other information publicly available in a pROFILE OR A Forum or otherwise ON THE SITE, you do so at your own risk.
License.For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Profile or a Forum or otherwise through the Site (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you hereby grant to the Company Entities and their designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free right and license: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), publicly display and publicly perform such Submission, in any media now known or hereafter developed. The license granted here will end when you delete your Submission from the Site, unless you have shared the Submission with others, and such others have not deleted it; notwithstanding the foregoing, back up or archival copies of the content on the Site, including your Submission, may continue to exist.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).
You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post, and the use thereof by us or our Affiliated Entities do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual’s name or address) within such Submission.
Monitoring.You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect the Company Entities, the Site's users and visitors or others; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Company's Proprietary Rights.The information and materials made available through the Site, including the Services, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices.Except for the limited right granted in the preceding sentence and your underlying rights in your Submission, you agree that you have no rights in the Services and/or the Site (including the virtual 3D exhibits created in connection with the Site), and nothing herein grants any such rights to you.Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of Company include without limitation, TAMRON and any associated logos.All trademarks and service marks on the Site not owned by Company are the property of their respective owners.The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trade names, trademarks or service marks without our express prior written consent.
Links.The Site may provide links to other web sites and online resources.Because Company has no control over such sites and resources, you acknowledge and agree that the Company Entities are not responsible for the availability of such external sites or resources, and the Company Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources.Other web sites may provide links to the Site with or without our authorization.You acknowledge and agree that the Company Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Disclaimer of Warranties.THE SITE AND ANY SERVICES, CONTENT, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.EACH OF THE COMPANY ENTITIES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY SERVICES, CONTENT, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
Limitation of Liability.THE COMPANY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY Company OR ANY THIRD PARTY.YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.THE MAXIMUM LIABILITY OF THE COMPANY ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Company TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted.The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement.Additionally, third parties may make unauthorized alterations to the Site.If you become aware of any unauthorized third party alteration to the Site, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
Waiver; Further Assurances; Indemnity.To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us and our Affiliated Entities from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against us and our Affiliated Entities with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys’ fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including, without limitation, any claim for idea misappropriation.Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post).At any time upon our request, you shall: (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us and our Affiliates to obtain the full benefits of this Agreement and any licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement.Without limiting any other provision herein, you agree to defend, indemnify and hold harmless the Company Entities, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; or (b) any violation of this Agreement by you.
Termination.This Agreement is effective until terminated.Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.Upon any such termination, your right to use the Site will immediately cease.You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.You agree that Company and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.Sections 2, 6, 9, 11, 14-19, 21, 24 and 25 shall survive any expiration or termination of this Agreement.
Governing Law; Jurisdiction.This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law.You agree to exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Contact Us.If you have any questions regarding the meaning of application of this Agreement, please direct such questions to email@example.com.Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Filtering.Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).Please note that Company does not endorse any of the products or services listed at such site.
Notice for California Residents.Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org.You may also contact us by writing to us at 10 Austin Blvd., Commack, NY 11725, or by calling us at (631) 858-8400.California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Claims of Copyright Infringement.The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it.If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.See http://www.copyright.gov/ for details.Notices and counter-notices should be sent to:Lisa Keller, Tamron USA, Inc., 10 Austin Blvd., Commack, NY 11725; Phone 631-858-8409; Fax 631-543-3963; email email@example.com.
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Ability to Enter Into This Agreement.By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
Miscellaneous.This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter.Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company's discretion.The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.