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Terms and Conditions

TERMS OF USE
  Your use of this Website is subject to these Terms of Use and our separate Privacy Policy and Social Media Terms of Use (collectively the “Policies”).  You should carefully read the Policies before using this Website.  By using this Website, you agree to be bound by and accept the Policies.  If you do not agree to the Policies, do not use this Website.  This Website is the sole property of NetSay, LLC (the “Company”) and shall not be used for any purpose that is unlawful or otherwise prohibited by the Policies.  You agree not to use this Website in any manner which could damage, disable, overburden, or impair this Website or which would interfere with any other party’s use of this Website.  You hereby assume all risks associated with the use of this Website and should not rely upon any content or materials on this Website for any reason whatsoever.

Trademarks
This Website contains materials, such as names, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of the Company.  Nothing in this Website should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark, service mark or trade dress used in this Website, in any manner whatsoever.  Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, on another website as a part of a link to this Website, without the express written permission of the Company, is strictly prohibited. 

Copyright
The content and materials provided on this Website are subject to the ownership rights of the Company and/or its licensors.  Any use of the content or materials on this Website without the consent of the Company is strictly prohibited. Except as otherwise provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, content, photographs, materials, products or services from this Website. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.  

Notwithstanding the foregoing paragraph, if you are a buyer/user or photographer/artist who has entered a valid, separate Membership Agreement with the Company, your rights and obligations with respect to the use of the copyrighted materials found on the Website are more fully defined pursuant to the terms of the Membership Agreement.  

Social Media
This Website may contain links to third-party blogs, websites, wikis, file sharing, user generated audio or video, virtual worlds, social networks, or any other form of online publishing or discussion (collectively “Social Media”), such as Facebook®, MySpace®, LinkedIn®, Twitter®, YouTube® and/or Flickr®. The Company makes its Social Media pages available on any such sites for informational purposes only.  Your use of the Company’s pages on Social Media sites is subject to the guidelines and disclaimers posted by the Company on such sites, if any, or the Policies.

Communication Forums
This Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Forums”).  You agree to use the Communication Forums only to post, send and receive messages and material that are proper and related to the particular Communication Forum. By way of example, and not as a limitation, you agree that when using a Communication Forum, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents, (d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage this Website or the operation of another's computer, (e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Forum specifically allows such messages, (f) conduct or forward surveys, contests, pyramid schemes or chain letters, (g) download any file posted by another user of a Communication Forum that you know, or reasonably should know, cannot be legally distributed in such manner, (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (i) restrict or inhibit any other user from using and enjoying the Communication Forums, (j) violate any code of conduct or other guidelines which may be applicable for any particular Communication Forum, (k) harvest or otherwise collect information about others, including e-mail addresses, without their consent, or (l) violate any applicable laws or regulations. 

The Company has no obligation to monitor the Communication Forums. However, the Company reserves the right to: (1) review materials posted to a Communication Forum and to edit, refuse to post or remove any information or materials, in whole or in part, in its sole discretion, (2) terminate your access to any or all of the Communication Forums at any time without notice for any reason whatsoever, and (3) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Forum. The Company does not control or endorse the content, messages or information found in any Communication Forum; and, therefore, the Company specifically disclaims any liability with regard to the Communication Forums and any actions resulting from your participation in any Communication Forum.  Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Forum may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download any materials.

Submissions
Any remarks, suggestions, ideas or other non-personal information or materials communicated to the Company through this Website will be considered non-confidential.  By providing such information or materials to the Company, you hereby grant the Company a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such information or materials.  Any information or materials provided without this authorization may not be submitted to the Company.  By providing such information or materials to the Company, you warrant and represent that you own or otherwise control all of the rights to such information or materials, including, without limitation, all rights necessary to submit such information or materials to the Company.  Children under the age of 18 are not permitted to submit any information to this Website, including, but not limited to, any personally identifiable information.

No information or materials submitted to this Website may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; and (f) any advertisements or solicitations for business.
Notwithstanding the foregoing, if you are a buyer/user or photographer/artist who has entered a valid, separate Membership Agreement with the Company, your rights and obligations relative to Website submissions are further defined pursuant to the terms of the Membership Agreement.

Links
This Website may contain links to other websites not owned, controlled or maintained by the Company.  These links are provided solely for your convenience and to allow you to access other websites containing legal and other information.  The Company does not have control over and is in no manner responsible for any content or materials on the linked websites or the availability of these linked websites.  The inclusion of any link to another website does not imply any endorsement, association or affiliation by the Company of the linked website or any products, services or other materials provided on the linked website.  The Company prohibits any other website from providing a link to this Website, including, but not limited to, the use of the Company’s service marks to indicate any such link, without the express written consent of the Company.

Employment 
The Company may make employment information or opportunities available on this Website.  The Company is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, disability or sexual orientation.  The inclusion of any employment information or opportunity on this Website does not create any employment relationship, express or implied, between you and the Company.

Disclaimer
THIS WEBSITE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEBSITE.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES, LOSS OF USE, OR LOSS OF DATA RESULTING TO YOUR COMPUTER OR FROM BUSINESS INTERRUPTION, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE.

Indemnity
By using this Website, you agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that arise from your use or misuse of this Website or breach of the Policies.  The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Modifications and Revisions
The Company may, in its sole discretion, modify or revise the Policies at any time, without notice to you.  Any changes or revisions to the Policies will be posted on the Website.  Accordingly, you should visit this Website periodically to review the Polices.

Procedure for Making Infringement Claims
The Company respects the intellectual property rights of others and demands that those who visit or use the Website do the same.  If you believe your intellectual property rights have been violated in any way by the Company or the Website, pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide the Company a written (not email) notice to its designated agent containing the following information:

1.    The signature of a person authorized to act on behalf of the owner of the intellectual property allegedly infringed;
2.    A description of the intellectual property you claim has been infringed upon; 
3.    A description on the content you claim is infringing and where it appears on the Website;
4.    Your contact information, i.e. you name, address, telephone number, and email address; 
5.    A statement that the owner has a good faith belief that use of the allegedly infringing contentis not authorized by the owner of the intellectual property, its agent, or the law; and
6.    Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

The Company’s designated Agent for DMCA notification of infringement is as follows:

web@netsay.net

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. 

General Provisions
The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever.  The use of this Website and the Policies shall be governed by the laws of the State of Ohio, without regard to conflict of law provisions.  The sole jurisdiction for any legal proceedings arising out of your use of this Website or any provision in the Policies shall be in Wayne County, Ohio.  Any waiver by the Company of a breach of any provision of the Polices shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of the Policies.  If any one or more of the provisions contained in the Policies shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, the Policies and any provision therein shall not be rendered null and void and shall not be affected or impaired.  The Policies contain the entire agreement between you and the Company with respect to the use of this Website and hereby supersedes all previous agreements with respect to the use of this Website.  Your use of this Website shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company. Use of this Website is not authorized in any locality, state or country that does not give full effect to all provisions of the Policies.

Contact Us
If you have any questions or comments regarding the use of this Website, or the Policies, you may contact the Company by  or electronic mail at contact@netsay.net.  The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments. Please note that the Company cannot give legal advice and no discussions or correspondences with the Company should be construed as such.