1. Description of Service
FastFlash Photography™ / fastflash.com shall permit Member to post on this Site. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees required to maintain such connection.
2. Disclaimer of Warranties.
FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ITS SERVICES OR ANY ADS POSTED BY MEMBERS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED “AS IS.” FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE SHALL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM SHALL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.
3. Limitation of Liability
IN NO EVENT SHALL FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTENT YOU FIND ON THIS SITE, TRANSACTIONS IN WHICH YOU ENGAGE WITH THIRD PARTIES AS A RESULT OF USING THIS SITE, OR THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO FASTFLASH PHOTOGRAPHY™ / FASTFLASH.COM. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT RESULTING FROM YOUR USE OF THIS SITE. TO THE EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to fully, indemnify, and hold FastFlash Photography™ / fastflash.com, its employees, directors, officers, and any other entity associated with FastFlash Photography™ / fastflash.com, and each of its successors, licensees, and assigns, free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, in any way related to your use of this Site
5. Members Account
Members are entirely responsible for any and all activities which occur in their account whether authorized or not authorized. Member agrees to notify FastFlash Photography™ / fastflash.com of any unauthorized use of Member’s account or any breach of security which is known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of FastFlash Photography™ / fastflash.com.
6. Modifications and Interruption to Service
FastFlash Photography™ / fastflash.com reserves the right to modify or discontinue the Service with or without notice to the Member. FastFlash Photography™ / fastflash.com shall not be liable to Member or any third party should FastFlash Photography™ / fastflash.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that FastFlash Photography™ / fastflash.com does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
FastFlash Photography™ / fastflash.com merely posts third party information. It does not ensure that the information on this Site is accurate. FastFlash Photography™ / fastflash.com makes no warranties or representations whatsoever with regard to any horse and you acknowledge that any reliance on representations and warranties provided by any Vendor and or Member(s) shall be at your own risk.
9. Governing Jurisdiction of the Courts
This Agreement shall be interpreted, construed, and enforced according to the laws of the United States of America (“USA”) and the State of Washington. In the event of any legal action between the parties, you agree to the exclusive jurisdiction and venue of the courts located in King County, WA.
10. Age of Majority
You warrant and attest that you are at least eighteen (18) years of age.
11. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
Unless otherwise indicated, the Site and all content and other materials on the Site or forwarded by FastFlash Photography™ / fastflash.com through the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “FastFlash Photography™ / fastflash.com Materials”) are the property of Company or its licensors or users and are protected by U.S. and international copyright laws.
(a) any resale or commercialization of the Site, the FastFlash Photography™ / fastflash.com Materials or the content forwarded to you by the Services;
(b) the distribution, public performance or public display of any FastFlash Photography™ / fastflash.com Materials,
(c) modifying or otherwise making any derivative uses of the Site or the FastFlash Photography™ / fastflash.com Materials, or any portion thereof;
(d) use of any data mining, robots or similar data gathering or extraction methods;
(e) downloading (other than the page caching) of any portion of the Site, the FastFlash Photography™ / fastflash.com Materials or any information contained therein, except as expressly permitted on by FastFlash Photography™ / fastflash.com; or
13. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit or terminate access to the Site and the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Copyright Complaints
If you believe that any material on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
dmca at fastflash.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
FastFlash Photography™ / fastflash.com, the Company logo and any other product or service name or slogan contained on the Site or included in the Services are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “FastFlash Photography™ / fastflash.com” or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site and graphical user interface of the Services, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or through the Services are the property of their respective owners.
FastFlash Photography™ / fastflash.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FastFlash Photography™ / fastflash.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
17. Posting Restrictions
a. You may not under any circumstances list an ad in connection with any illegal, obscene, immoral, or pornographic material.
b. All post must be relative to Guemes Island.
Images and Post Submission
Submissions must NOT contain any copyrighted material including paintings, other copyrighted photos, copyrighted logos, or any other art/advertisements/sculptures or exhibits which are copyrighted. If submitted material contains any of these or other types of copyrighted content, you must either submit releases from the copyright owners or you must mark the images as editorial.
Do not embed any watermarks, website name, or copyright notice in your images you are submitting.
We Do NOT accept any images containing nudity. Never submit any explicit material. Submit NO photos contain violence, x-rated content, or any illegal content according to any US laws.
FastFlash Photography™ / fastflash.com's guidelines may change at any time without notice. You should Re-read them each time you consider posting on fastflash.com
FastFlash Photography™ / fastflash.com may, but is not obligated to, review and/or reverse its previous accept/reject decision, at its sole discretion.
We reserve the right to remove any previously accepted submission at any time for any reason from the fastflash.com
FastFlash Photography™ / fastflash.com reserves the right at its own discretion to disapprove and/or delete any comment or post submission of any kind, at any time with out notification.
There shall be no refunds for any ads placed. If you have a concern with the service provided please email FastFlash Photography™ / fastflash.com.
19. Submission of Content on FastFlash Photography™ / fastflash.com
By submitting any content to FastFlash Photography™ / fastflash.com, you hereby grant FastFlash Photography™ / fastflash.com, a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any Submitted Content uploaded by Member and accepted by FastFlash Photography™ / fastflash.com, during the term of this agreement. FastFlash Photography™ / fastflash.com, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to Member. You expressly waive any artists authorship rights that you would otherwise have under the laws of the State of Washington, United States Copyright Act or similar laws of any jurisdiction. Ownership of Submitted Content: the copyrights in and to all Submitted Content remain with the owner of such copyrights. Nothing contained herein shall be construed to be a transfer of any copyrights to FastFlash Photography™ / fastflash.com.
All decisions on submitted content made by management of FastFlash Photography™ / fastflash.com are final.
20. Termination of Service
Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on FastFlash Photography™ / fastflash.com, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your listings, and/or our Materials, you lose all rights to use FastFlash Photography™ / fastflash.com services, and FastFlash Photography™ / fastflash.com management shall IMMEDIATELY delete any and all listings, and you forfeit all fees paid.
21. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site or through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisements on the Site or made available through the Services.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company, or any postings on the Site or made available through the Service, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
23. User Posted Content & Other Interactive Services or Areas
The Site includes areas in which users may post content and information (the “User Content”) and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the
Site or the Services any of the following:
1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for commercial services or products;
6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
9. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Site or the Services, or which may expose Company or its users to any harm or liability of any type.
10. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Additionally, you agree not to:
1. Use the Services to harm or otherwise harass anyone;
2. Use the Services or collect personal data about others for unlawful purposes;
3. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or the Services – unless expressly permitted by FastFlash Photography™ / fastflash.com;
4. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
5. Attempt to gain unauthorized access to FastFlash Photography™ / fastflash.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the FastFlash Photography™ / fastflash.com Site;
6. Use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
7. Threaten anyone or exploit anyone in a sexual, violent or other objectionable manner.
24. Other Terms
This document is not to be copied or redistributed.
Copyright 1999-18 ~ © FastFlash Photography™/ fastflash.com ™ ~ All Rights Reserved
"Photographs are silent; one's thoughts give them life." - Chris LeBoutillier ™
Any unauthorized use or reproduction of the on-line material contained herein is strictly prohibited.