WeSay.com is a photographer friendly site. Photographers retain all ownership rights to photographs. WeSay will not sell or redistribute any photographs dislayed here.
These Terms and Conditions ask you to give us the right to display your work.
We want you to have the opportunity to display your work, but please, do not submit any photographs that belong to someone else or that infringe on anyone else's rights. Thank you for your participation!
1. DEFINITIONS
The "Site" is the interactive on-line service operated by Decimos LLC. ("Decimos LLC.") accessible through www.wesay.com on the World Wide Web of the Internet, consisting of information services and content provided by Decimos LLC., affiliates of Decimos LLC. and other third parties, and any successor or affiliated interactive on-line service. "We" and "us" mean and refer to Decimos LLC. "You" and "yours" means and refers to each person who establishes or accesses a connection ("Account") for access to and use of the Site.
2. GENERAL
(A) This WeSay.com Terms and Conditions (the "Agreement") sets forth the terms and conditions that apply to use of the Site by you. By using the Site (other than to read this Agreement for the first time), you agree to comply with this Agreement. More specifically, you agree to comply with all of the terms and conditions hereof, our wesay.com Content Submission Agreement, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site, including, but not limited to, supplemental terms and conditions set forth in section 18 hereof ("Supplemental Terms") governing the use of certain specific material contained in the Site, all of which are expressly incorporated into this Agreement by reference.
(B) If you do not accept the terms and conditions of this Agreement you will not be able to register as a member or use the Site.
3. CHANGES TO THIS AGREEMENT AND THE SITE
(A) We shall have the right at any time to change or modify the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
(B) We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
4. REGISTRATION
If you elect to access and utilize certain current or prospective features of the Site, such as features allowing you to submit Content, to post comments or guest columns, participate in chat rooms, web logs, email services, surveys, or bulletin boards, to provide feedback, or to enter sweepstakes or contests, we may ask you to register with the Site on a form provided to you. Such registration may require you to provide personally identifiable information or demographic information, such as your name, e-mail address, residential or business address, zip code, phone number, gender, birth date, occupation, industry, and personal interests. We may request additional information if you want to enter contests or sweepstakes that may sponsor. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
5. PASSWORDS
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. The username and password issued to you upon registration with the Site is personal to you in order to facilitate your use of and access to the Site. You may not disclose your username and password to any third party without our prior written consent. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
6. SUBMISSION OF CONTENT
Once your membership has been verified you will be entitled to register to submit Content. It is highly recommended that you keep a personal copy of any Content you submit as we do not guarantee that Content will be maintained on the Site or that we will be able to return any Content. By submitting images and/or videos to the Site you accept and understand that you are granting us a royalty free, worldwide nonexclusive, nonterminable, perpetual license to display your Content on the Site and that we are entitled to edit, modify, or adapt the Content for display. Additional terms and conditions applicable to your submission of Content are set forth in the wesay.com Content Submission Agreement, which terms and conditions are expressly incorporated herein. You will be required to specifically review and agree to the terms of the wesay.com Content Submission Agreement before you will be allowed to submit Content to the Site.
7. INTERACTIVE FEATURES
(A) The Site may include a variety of features, such as comments, guest columns, bulletin boards, web logs, chat rooms, and email services, that allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.
(B) You understand that we have the right, but no obligation to monitor any guest columns, bulletin boards, chat rooms, web logs, or other areas of the Site through which your and other users can supply content, information or material, as well as any content, information or material submitted by you or other users, including, but not limited to comments, images, and captions. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request. Additionally, we have the right to refuse to edit, refuse to post, or to remove any content, information, or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates this Agreement or who, in our sole judgment, is inconsistent with the mission of our Site, interferes with the ability of others to enjoy our Site, or infringes the rights of others.
8. CONTRIBUTIONS
In addition to submitting photographs and other Content for display on our Site, you may wish to submit ideas, suggestions, documents, and/or proposals ("Contributions") to us through our suggestion or feedback webpages. Do not submit any such Contributions, however, if you do not intend to give them to us for our use without any obligation to compensate you in any manner. You acknowledge and agree that: (a) any such Contributions by you do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
9. EQUIPMENT
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
10. YOUR CONDUCT
(A) You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other person from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Site. You shall not use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You shall not interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site. You shall not use the Site to post or transmit any information, software or other material that contains a virus or other harmful component. You shall not gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means, nor shall you obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
(B) The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. We own a copyright in all content that is original to us or that has been assigned to us for use on our Site. We also own a copyright in the selection, coordination, arrangement and enhancement of all content on the Site as a collective work.
(C) You and other users still own and retain the copyrights for all photographs you submit to the Site.
(D) You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site, in whole or in part, except for the photographs and accompanying description that you own and have submitted to the Site. You may download and/or print one copy of copyrighted material for your personal and non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Decimos LLC. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(E) You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
(F) You will be required to specifically agree to our Content Submission Agreement if you wish to submit photographs and any accompanying description for display on the Site. That Content Submission Agreement provides that you are giving us the right to display and modify your photographs for display and that you retain ownership of all copyrights in your photographs. By submitting any other material to any other public area of the Site, you automatically grant, or warrant that (i) you are fourteen (14) years of age or older and, if under the age of eighteen (18) years, that you have the permission of your parent or legal guardian who has approved of and consents to your representations and warranties; (ii) you are the owner of the material submitted or that you are submitting such material with the express consent of the owner; and (iii) that you or the owner of such material has expressly granted Decimos LLC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other person using the Site to access, view, store, or reproduce the material for their personal use. You hereby grant Decimos LLC. the right to edit, copy, publish and distribute any material made available on the Site by you and to identify you as the author or source of such material by name, email address or screen name as we deem appropriate.
(G) You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by the Site or by Decimos LLC. You, however, may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
(H) The foregoing provisions of Section 10 are for the benefit of Decimos LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER DECIMOS LLC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT DECIMOS LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL DECIMOS LLC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DECIMOS LLC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, DECIMOS LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. IN NO EVENT SHALL ANY CONTENT ON THE SITE BE CONSTRUED AS LEGAL ADVICE OR AS EXPRESSING ANY OPINION THAT CONDUCT IN WHICH YOU ARE OR MAY BE ENGAGED IS OR IS NOT A CRIME OR CIVIL OFFENSE, DOES OR DOES NOT VIOLATE ANY LAW, RULE, OR REGULATION, OR OTHERWISE IS "LEGAL" OR "ILLEGAL".
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Decimos LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account.
13. TERMINATION
Either Decimos LLC or you may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate your Account in the event of any conduct by you which we, in our sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 10(B), 10(C), 10(D), 10(E), 11, 12, 14, 16, and 17, and this Section 13 shall survive termination of this Agreement. You also understand that termination of this Agreement or your membership in the Site shall not operate to modify, terminate, or revoke your grant of rights and licenses in Content already submitted by you. We shall consider any such request, but under no circumstances shall we be required to return or remove Content already submitted by you.
14. TRADEMARKS
Wesay.com and the wesay.com logo are trademarks of Decimos LLC. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.
15. THIRD PARTY CONTENT
(A) Decimos LLC. is a distributor (and not a publisher) of content supplied by third parties and persons like you who access the Site. Accordingly, we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of the Site, are those of the respective author(s), publishers, or distributor(s) and not of Decimos LLC. Neither Decimos LLC. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 11 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
(B) In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, you, or other user not under contract with us We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized Decimos LLC. employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(C) The Site may provide links and pointers to Internet sites maintained by third parties. Such linking to third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Decimos LLC., nor any of its affiliates or their respective directors, officers, employees and agents, operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to the Site by us.
16. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. MISCELLANEOUS
(A) All parties to this Agreement shall act in good faith towards the other.
(B) You agree to keep confidential any and all of our secret or proprietary information that is disclosed to you.
(C) This Agreement and any operating rules for the Site established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any restriction is held to be invalid or unenforceable by a court of competent jurisdiction, it is intended and understood that such invalidity or unenforceability will not affect the remaining restrictions, which shall remain in full force and effect and be construed as far as possible to reflect the parties' intentions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(D) This Agreement is to be governed by and construed in accordance with the internal laws of the State of Illinois, without regard for principles of conflicts of laws. Venue for any proceeding arising out of or relating to this Agreement, or civil actions, claims, or disputes relating to this Agreement, shall exist exclusively in Cook County, Illinois. Any and all civil actions, claims, disputes or proceedings arising out of, or relating to, this Agreement shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association. You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us, and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
18. SUPPLEMENTAL TERMS
Reserved.
19. QUESTIONS AND COMMENTS
All questions, comments or enquiries should be directed to us here.
