TERMS AND CONDITIONS
Please read carefully our Terms and Conditions below before using, accessing or providing us with information through the HoustonOne.us website (the “Site”).
ACCEPTANCE OF TERMS AND CONDITIONS:
- You accept and agree to be bound by the Terms and Conditions of this agreement, set forth below, and to any additional or modified Terms and Conditions that HoustonOne 360° Photography dba (“HoustonOne 360° Photography”) may publish from time to time (collectively the “Terms and Conditions”). If you do not agree with the Terms and Conditions, please do not access our Site.
- HoustonOne 360° Photography may change its Terms and Conditions from time to time. Your continued access to our Site constitutes your acceptance to such changes. Please review regularly through our Legal section on our Site the then current Terms and Conditions.
- In addition, when using our services, you shall be subject to our guidelines or rules applicable to such services, as indicated in our Terms and Conditions. Any participation in these services will constitute acceptance of such applicable Terms and Conditions. Any breach by you of our Terms and Conditions will result in the termination of your access to our Site and to our services (a breach includes the non-timely payment by you of our services.)
HoustonOne 360° Photography TRADEMARKS
- For the purposes of these Terms and Conditions, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by HoustonOne 360° Photography.
- Nothing contained herein grants or shall be construed to grant you any rights to use any HoustonOne 360° Photography Trademark, unless expressly conferred by these Terms and Conditions, and furthermore, you agree that will not use HoustonOne 360° Photography’s Trademarks in any manner that might disparage, tarnish, or reflect adversely on such Trademarks or HoustonOne 360° Photography.
- The look and feel of the HoustonOne 360° Photography Site and applications, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of HoustonOne 360° Photography and may not be copied, imitated or used, in whole or in part, without the prior written consent of HoustonOne 360° Photography.
- All other trademarks, product names, and company names or logos used or appearing on the HoustonOne 360° Photography Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HoustonOne 360° Photography, unless expressly so stated.
- You may not use a HoustonOne 360° Photography trademark, logo, Image or other proprietary graphic of HoustonOne 360° Photography to link to the HoustonOne website without the prior written consent of HoustonOne 360° Photography.
- You may not frame or hotlink to the HoustonOne 360° Photography website or any image or file without the prior written consent of HoustonOne 360° Photography.
- HoustonOne 360° Photography makes various services available to you, pursuant to your use of the Site, its technology platform and applications (the “Site Services”). Subject to your compliance with these Terms and Conditions, any applicable license agreement with HoustonOne 360° Photography, and the law, you may access and use the Site Services. HoustonOne 360° Photography remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms and Conditions.
- HoustonOne 360° Photography may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in HoustonOne 360° Photography’s sole discretion. HoustonOne 360° Photography provides the Site Services on an “as is” and “as available” basis. HoustonOne 360° Photography (or third parties acting on its behalf) may collect data related to your use of the Site Services.
- HoustonOne 360° Photography may make HoustonOne 360° Photography Content available through the Site Services. You may not use any HoustonOne 360° Photography Content for any purpose without first obtaining a license to use such HoustonOne 360° Photography Content. Any use of HoustonOne 360° Photography Content by you shall be governed by the applicable license agreement separately entered into between you and HoustonOne 360° Photography. Displaying and/or distributing to the public any watermarked or unlicensed HoustonOne 360° Photography Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
- For any article that you present to HoustonOne 360° Photography to be photographed and or displayed through our Site or technology platform (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) HoustonOne 360° Photography will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms and Conditions and all applicable laws.
- By asking us to upload Your Content on our Site and technology platform, you grant HoustonOne 360° Photography a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove or ask HoustonOne 360° Photography to remove Your Content from the Site and our technology platform, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
- You may not ask us to photograph or capture videos to upload, post, or transmit, image, text, audio recording, or other content that: a. Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy; b. Contains any pornographic, defamatory, or otherwise unlawful or immoral content. c. Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or d. Violates any law, statute, or regulation.
- You agree that you shall not: a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of HoustonOne 360° Photography or any third party. b. Violate any applicable laws or regulations related to the access to or use of the Site or engage in any activity prohibited by these Terms and Conditions. c. Violate the rights of HoustonOne 360° Photography or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another. d. You agree not to use any offensive and non-appropriate language on our Site or any of our forums. e. You agree not to post, spread, transfer any viruses, spam, worms or any other code that might have a harmful effect on our Site, applications and or forums.
INFRINGEMENT CLAIMS / DMCA NOTICES
- If you believe that any Image or other material made available by HoustonOne 360° Photography infringes upon any copyright that you own or control, you may notify HoustonOne 360° Photography in the manner set forth in our DMCA Copyright Infringement Notice Policy.
HoustonOne 360° Photography LINKS TO THIRD PARTY SITES
- HoustonOne 360° Photography may provide links from its Site and/or technology platform to any third-party website or may permit any third party to link from its website to the HoustonOne 360° Photography Site and/or technology platform, however, HoustonOne 360° Photography makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of HoustonOne 360° Photography, and HoustonOne 360° Photography provides and/or permits these links only as a convenience and or a service to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by HoustonOne 360° Photography.
- If in order to provide our services, you are required to ship your items to be photographed by us, you agree that: a. All Products shall be prepared and packaged in accordance with generally accepted industry practices. b. You agree that HoustonOne 360° Photography will never pay for any shipping expenses. c. You agree to pay all of the shipping expenses from and to your location. d. HoustonOne 360° Photography will not take any responsibility for any lost or damaged packages or items during the shipping (from and to your location), and you agree that you will insure your items if you so desire at your own expense.
RESTRICTION AND TERMINATION OF USE
- HoustonOne 360° Photography may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, Your Content and/or HoustonOne 360° Photography Content at any time in HoustonOne 360° Photography’s discretion, without prior notice or liability to you.
- Any conduct by you that, in HoustonOne 360° Photography’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
PERSONAL INFORMATION AND PRIVACY
- You must be at least 13 years old to use the HoustonOne 360° Photography’s Site and Services.
- HoustonOne 360° Photography does not knowingly collect information from children under 13.
- The information that is collected by HoustonOne 360° Photography from our Site and/or applications including but not limited to First Name, Last Name, Business Name and address, phone and fax numbers and email address(es) can be used to: a. Manage and maintain your account. b. To process any transactions associated with your account. c. The phone and fax numbers or email address(es) can be used to contact you or send you updates on your account. d. HoustonOne 360° Photography does not deal with any third party therefor your information is never going to be sold, disclosed, shared or traded to outside parties. e. HoustonOne 360° Photography will not post any of Your Content to its Site or on its technology platform without your agreement. f. HoustonOne 360° Photography does not take any responsibilities from the content being copied, stolen or used from your website or our Site and/or technology platform without your notice.
- You agree to defend, indemnify and hold harmless HoustonOne 360° Photography, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, the Site Services, your breach or alleged breach of the Site Terms and Conditions, or of any representation or warranty contained herein, your unauthorized use of the HoustonOne 360° Photography Content, or your violation of any rights of another.
WARRANTIES AND DISCLAIMERS
- Without limiting the foregoing, HoustonOne 360° Photography makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the Site, Site Services or materials will be corrected. HoustonOne 360° Photography makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that HoustonOne 360° Photography will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
GOVERNING LAW AND JURISDICTION
- These Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Texas. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms and Conditions shall be heard and decided exclusively before the courts located within the State, County and City of Texas and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms and Conditions may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms and Conditions shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms and Conditions shall not affect the validity or enforceability of the balance hereof.