Terms and Conditions
Information about Xpozer
This website is owned and operated by Xpozer
Registered address: Saturnusstraat 60, Unit #59, 2516 AH The Hague, The Netherlands.
Acceptance of Terms
Xpozer provides its websites (xpozer.com, amazingphotographybook.com) and related services subject to the following Terms of Service (“Terms”). Xpozer reserves the right to change these Terms periodically without notice to you by posting new Terms of Service on the Xpozer website. Please check the Terms of Service on the website to see any changes.
By continuing to use the Xpozer website, you agree to and accept the terms of this document.
Xpozer will only knowingly provide services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, you may use our websites only under the supervision of a parent, or legal adult guardian who agrees to be bound by these Terms.
User Account, Password, and Security
When you create a user account, you agree to provide Xpozer with a current email address and to update such information as necessary. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password and will receive an account designation upon completing the Site’s registration process. You are responsible for all activities that occur under your password or account. Xpozer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
In using the services of Xpozer’s websites, you agree to not:
• upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this website or otherwise (“Content”) that are unlawful, harmful, obscene, pornographic, indecent, inflammatory, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
• upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, download, post, email or otherwise transmit false or misleading information;
• disrupt or interfere with the security of, or otherwise abuse, the Xpozer websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the websites or affiliated or linked websites.
• access, tamper with or use non-public areas of the websites. Unauthorized individuals attempting to access these areas of the websites may be subject to prosecution;
• disrupt or interfere with any other user’s enjoyment of the websites or affiliated or linked websites.
Upon uploading Content, you acknowledge that Xpozer may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Xpozer and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Xpozer.
You acknowledge and agree that Xpozer may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Xpozer, its users and the public.
You understand that the technical processing and operation of the websitse, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You acknowledge and agree that you will use these websites and any services/products ordered on these websites at all times in accordance with all applicable Dutch laws and will not take any action that harms or violates the rights of any person or entity.
Prices for Xpozer’s services and products are described on our websites and incorporated into these Terms by reference. All prices are in given in local currency depending on the customer’s location. Prices, services, products and offers may change at Xpozer’s discretion.
All items purchased through Xpozer are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on Xpozer’s shipment to the shipping carrier. We reserve the right to ship partial orders (at no additional cost to you).
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through Xpozer’s websites, by Xpozer, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Website including code and software, in violation of applicable copyright and other intellectual property laws.
You will retain ownership of the Content you upload to Xpozer. You acknowledge and agree that the websites and any software used in connection with the websites (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the websites or the Software, in whole or in part.
All brand, product and service names used in these websites which identify Xpozer or third parties and their products are proprietary marks of Xpozer, Inc. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Xpozer or any third party with respect to any such image, logo or name. You shall not make any use of any Xpozer trademarks, logos, or trade dress without prior express and written approval by Xpozer.
Copyright and Intellectual Property Policy
Xpozer respects the intellectual property rights of others and we require our users to do the same. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user’s content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user’s access to our services.
WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF THE CONTENT OR THAT THE CONTENT IS IN THE PUBLIC DOMAIN; (II) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (III) YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT WHICH CLAIMS WOULD INTEFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT; (IV) THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL OR OTHER RIGHTS OF ANY THIRD PARTY; (V) THE WORK IS NOT DEFAMATORY OR OBSCENCE; (VI) THE CONENT DOES NOT CONTAIN ILLEGAL MATERIAL; (VII) THE CONENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGION, SEXUAL ORIENTATION, OR THE LIKE (“DISCRIMINATORY CONTENT”);
You agree to defend, indemnify and hold Xpozer and Xpozer’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the websites, (b) your use of the websites, (c) your connection to the websites, (d) your violation of these Terms or (e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the websites, use of the websites or access to the websites without Xpozer ‘s express written consent.
You agree that Xpozer, in its sole discretion, may terminate your password, account (or any part thereof) or use of the websites, and remove and discard any Content you may have contributed to the website, at any time for any reason or no reason. Xpozer may also in its sole discretion and at any time discontinue providing it’s website, or any parts thereof, with or without notice. You agree that any termination of your access to the websites under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Xpozer may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files through the websites. Further, you agree that Xpozer shall not be liable to you or any third-party for any termination of your access to the websites. Should you object to any terms or conditions or become dissatisfied with the website(s) in any way, your only recourse is to immediately discontinue your use of the website(s) and/or terminate your account.
Xpozer’s websites may provide, or third parties may provide, links to other websites or resources. Because Xpozer has no control of such sites and resources, you acknowledge and agree that Xpozer is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Xpozer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF Xpozer’s WEBSITES IS AT YOUR SOLE RISK. THESE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Xpozer AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Xpozer DOES NOT MAKE ANY WARRANTY THAT (A) THE SITES OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
YOU AGREE THAT Xpozer SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITES OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Xpozer, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF Xpozer’s SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Xpozer DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, Xpozer AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Xpozer OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL Xpozer OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Xpozer OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Xpozer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE ITS WEBSITES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE(S) OR (E) ANY OTHER MATTER RELATING TO THE SITE(S). YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of these Terms of Service is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Delft, The Netherlands. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney’s fees and costs to the prevailing party.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Xpozer may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Xpozer’s failure to act with respect to a breach by you or others does not waive Xpozer’s right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Xpozer, and supersedes all other communications, written or oral, with regard to the services provided by Xpozer.