1. ACCEPTANCE OF TERMS
My Cathay Photo is an online service that is a part of Cathay Photo Store Online, which is owned and provided by Cathay Photo Store (Pte) Ltd (“Cathay Photo”, “we” and “us”, as deemed appropriate). By using any of the services offered in My Cathay Photo, as defined below, you agree to abide by the following Terms of Service (“Terms”), which may be updated by us in our sole discretion from time to time without notice to you.
2. DESCRIPTION OF SERVICE
My Cathay Photo provides access to a range of information and interactive activities (“Service”) that aim to promote photography among its users, including but not limited to:
3. YOUR DECLARATION
By registering for this service, you declare that you are of legal age to form a binding contract and have not been barred from receiving services under the laws of Singapore or other applicable jurisdiction.
You also agree to provide true, accurate, current and complete information about yourself as required in the registration form and continue to keep this information updated. Should the information at any time be proven untrue, inaccurate, outdated or incomplete, or deemed to be so by Cathay Photo, we reserve the right to suspend or terminate your usage of our services.
Upon your successful registration for this service, the personal information that you have provided us with will be collected and recorded for future communication purposes, including our I-Touch @ Cathay Photo email service.
We respect your privacy and therefore will not sell or rent your personal information to anyone. However, we will share this information with other companies or people only under the following circumstances:
5. YOUR ACCOUNT SECURITY
You are solely responsible for the confidentiality of your username and password which were created for your account on My Cathay Photo, as well as all activities carried out under this account. Cathay Photo cannot and will not be held liable for any loss or damage arising from any unauthorized breach of security or your failure to comply with this section.
6. YOUR CONDUCT
You understand that you are solely responsible for all information, photographs or other materials (“Content”) which you have uploaded, posted, emailed, transmitted or otherwise made available via the Service. Cathay Photo does not guarantee the accuracy, integrity or quality of such Content and under no circumstances will we or our directors, employees, partners, agents, vendors or co-branders be liable in any way for any Content, including but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
You acknowledge that Cathay Photo may or may not pre-screen the Content, but that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Cathay Photo shall have the right to remove any Content (whether or not provided by you) that we believe in good faith violates the Terms or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cathay Photo or submitted to Cathay Photo.
7. INTELLECTUAL PROPERTY RIGHTS
Cathay Photo respects the intellectual property rights of others and for this reason, all images uploaded on My Cathay Photo must be owned and created by you, and must not infringe any copyright or other proprietary rights of any party. If you would like to share the images owned and created by a third party, you agree to seek the consent or approval of the owner(s) before uploading and sharing these images.
At any time, should you be found uploading and sharing images without the consent or approval of the owner and creator, we will remove the said images without prior notice and terminate your account immediately. If you believe that any of the images published in the Gallery infringes upon any copyright that you own or control, you may file a notification of infringement to us at firstname.lastname@example.org.
The ownership of the uploaded images will remain with the owner and creator, and Cathay Photo has no intention or interest in owning or selling them. On your part, you agree to give Cathay Photo the right to display your uploaded images on any part of Cathay Photo Store Online in relation to promoting the Gallery, with a link back to your original posting.
You agree to indemnify and hold Cathay Photo and its directors, employees, partners, agents, vendors or co-branders harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another or your breach of any applicable law.
9. LIMITATION OF LIABILITY
You understand and agree that Cathay Photo and its directors, employees, partners, agents, vendors or co-branders shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, loss of data or other intangible losses, even if we have been advised of the possibility of such damage(s), resulting from the use or inability to use this Service or any other matter relating to this Service.
You agree that Cathay Photo may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Causes for such termination shall include but not be limited to breaches or violations or purported breaches or violations of the Terms or other incorporated guidelines or agreements, requests by law enforcement or other government agencies, a request by you, discontinuance or material modification to the Service (or any part thereof) and/or unexpected technical or security issues or problems. All terminations will be made in our sole discretion and we shall not be liable to you or any third party for any termination of you account or access to the Service.