Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms and Conditions") CAREFULLY BEFORE USING THE SPITFIREPHOTO.COM WEB SITE OR SERVICE (the "SFPHOTO Site"). SpitfirePhoto.com is a website operated under the name Spitfire Photo and owned and operated by Virtual Moment, LLC ("Virtual Moment" or "SFPHOTO"). The terms "we" and "us" refer to SFPHOTO. The terms "you" and "user" refer to all individuals and/or entities accessing this website or using the service for any reason.

ACCEPTANCE OF AGREEMENT TO TERMS

This Terms and Conditions is a binding agreement between you and us. If you do not agree to these Terms and Conditions or otherwise comply or meet with its provisions, then you may not use the SFPHOTO Site. By using the SFPHOTO Site, you indicate that you agree to and accept these Terms and Conditions. We reserve the right to change, alter, amend, modify, add or remove any of the provisions of these Terms and Conditions at our sole discretion at any time. Your continued use of the SFPHOTO Site indicates your acceptance and agreement to any such change to these Terms and Conditions. You are agreeing to use the SFPHOTO Site at your own risk.

Limitation of Warranty:

THE SFPHOTO SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED. SFPHOTO AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SFPHOTO AND ITS AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SFPHOTO SITE.

WITHOUT LIMITATION ON THE FOREGOING, SFPHOTO AND THIRDPARTY SERVICES PROVIDER AND DISTRIBUTORS DO NOT WARRANT THAT THE SFPHOTO SITE OR SERVICES WILL OPERATE WITHOUT ERROR OR THAT THE SFPHOTO SITE AND SERVERS OR ANY EMAIL SENT FROM SPITFIREPHOTO.COM ARE FREE OF COMPUTER VIRUSES, BUGS, WORMS OR ANY OTHER HARMFUL COMPONENTS. IN NO WAY IS SFPHOTO RESPONSIBLE FOR COSTS OR DAMAGES OF ANY KIND INCLUDING TO DATA OR HARDWARE EQUIPMENT, ARISING FROM YOUR USE OF THE SFPHOTO SITE OR SERVICES. SFPHOTO IS IN NO WAY RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING ANY CONTENT POSTED BY USERS, OR OF ANY OTHER COMMUNICATIONS BY USERS, INCLUDING, WITHOUT LIMITATION, THE COMPLETENESS, RELIABILITY, TRUTHFULNESS, ACCURACY OR TIMELINESS OF SUCH CONTENT OR COMMUNICATIONS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability:

SFPHOTO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR OR ANY OTHER COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SFPHOTO SITE OR YOUR UPLOADING OR DOWNLOADING OF ANY DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIALS, FROM THE SFPHOTO SITE. IN NO EVENT SHALL SFPHOTO, ITS AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE SFPHOTO SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY SFPHOTO OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

IF, NOTWITHSTANDING THE FOREGOING, SFPHOTO, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE SFPHOTO SITE OR ITS CONTENT, THE LIABILITY OF SFPHOTO AND THE THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, US$100.00. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO SFPHOTO AND WITHOUT ANY LIABILITY WHATSOEVER, SFPHOTO AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THE SFPHOTO SITE. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnification:

You agree to indemnify, defend and hold harmless Spitfire Photo, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Spitfire Photos' services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Termination:

SFPHOTO reserves the right to terminate your account or your access to use of the services, with or without cause at any time and effective immediately, at Virtual Moment's LLC sole discretion, for any reason, including but not limited to your breach of the Terms Of Use.

Cancellation Policy:

You may cancel your subscription with SFPHOTO at any time. In order to cancel, you will need to send us in writing a request to cancel your service. Send cancel request to cancel@spitfirephto.com. Your cancellation request will be processed within 48hrs of receipt. Cancellations made anytime in the middle of a billing cycle, your service will be terminated at that point and no further billing will occur. Any obligations you have accrued, including payment of any charges due in connection with an account, you are still responsible for. No prorated refunds will be given.

Modification to Agreement:

SFPHOTO may at any time modify these Terms and Conditions and your continued use of the SFPHOTO Site will be conditioned upon the terms and conditions in force at the time of your use. By continuing to use the SFPHOTO Site, you agree that any such modifications. SFPHOTO may provide you with notices, including those regarding changes to the Terms and Conditions, by either email, regular mail, or postings on the SFPHOTO Site.

Governing Law:

The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Disputes arising from these Terms of Service shall be exclusively subject to the Federal Courts of the United States and/or the State Courts of California and jurisdiction for such disputes shall rest solely in San Francisco County, USA.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

International Users:

Virtual Moment LLC makes no claims that the SFPHOTO Site and content thereon may be lawfully viewed or accessed outside of the United States. Access to the SFPHOTO Site may not be legal by certain persons or in certain countries. If you access the SFPHOTO Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all local rules, as applicable, regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Content:

SFPHOTO does not control any users' account and does not have any obligations to monitor any content for any purpose. Users may not upload any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.

Copyright:

In accordance with the Digital Millennium Copyright Act of 1998, (see the U.S. Government Copyright Office Web page at http://lcweb.loc.gov/copyright/onlinesp) we are providing the following statement.

If you believe that your copyrighted work has been copied in a manner that constitutes infringement, please provide Virtual Moment's copyright agent with the following information:

A. An electronic signature of the person that is authorized to act on behalf of the owner of the copyright interest;

B. A description of the location on the Web site of the material you claim is infringing;

C. A description of the infringing material;

D. A description of the copyrighted work you claim is being infringed;

E. Your name, address, telephone number, and email address;

F. A statement by you that you have a good faith belief that the work that you claim is being infringed is protected by copyright and that its use is not licensed or authorized by the copyright owner, its agent, or the law; and

G. A statement by you, made under penalty of perjury, that the above information in your notification to us is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that any misrepresentation of material facts will subject the offending party to claims for damages and attorneys fees.

Virtual Moment's Copyright Agent: Please contact: contact@virtualmoment.com

Entire Agreement:

The Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Assignability:

NO THIRD PARTY BENEFICIARIES.

You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions.

Statues of Limitations:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to or these Terms and Conditions or access or use of the SFPHOTO Site must be filed within one (1) year after such claim or cause of action arose or accrued or be forever barred.