TERMS AND CONDITIONS:
You are required by law to read and understand this Privacy Policy and Service Agreement PRIOR to entering Distractionphotography.com This website may contain sexually explicit adult content, including still and/or moving images of nude adults. Entering this website is prohibited if you are not at least 18 years old (21 in some areas). Entering this website is prohibited if you are visiting this website from the jurisdiction of any municipality, city, state, country, or other governmental entity where viewing adult content is prohibited by law. By Entering you affirm that you do not find adult content offensive or objectionable. You believe that as an adult you have the right to choose what you see and read, and you are choosing to enter this adult website to view its content. Below you will find important information regarding our web site. Our site disclaimer and privacy policy contains important information regarding our content and how we run our web site. We are here to provide you with answers to any questions that you may have regarding our policies. All you have to do is ask and we will do everything in our power to answer your questions promptly and accurately. Service Agreement [AS OF 11/19/09] PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING Distractionphotography.com. BY ACCESSING OR USING Distractionphotography.com, YOU AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS Distractionphotography.com. PLEASE UNDERSTAND THAT Distractionphotography.com MAY MODIFY THIS AGREEMENT AT ANY TIME AND THAT ANY SUCH MODIFICATIONS BECOME EFFECTIVE IMMEDIATELY. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY AND TO BE AWARE OF ANY SUCH MODIFICATION. YOU’RE CONTINUED ACCESS TO Distractionphotography.com IS YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. AGREEMENT TERMS Distractionphotography.com is a service provided through Joshua Distraction, its business groups and/or affiliates. The Distractionphotography.com website, (including all services and products, offered, sold, downloaded and/or made available) shall be referred to as the "Service". We will provide "you" with our "service" subject to the terms and condition referred to in our "Service Agreement" which may be updated or modified by us at our discretion without notice to you. Therefore, it is your responsibility to check this "Service Agreement" from time to time for any changes, updates or revisions. Your use of this service is your agreement to the rules and regulations herein, as well as the acceptance to any changes made to this Service Agreement. In addition you agree to any posted guidelines or rules attached to particular Distractionphotography.com services. 2. DESCRIPTION OF SERVICE Distractionphotography.com is a unique nightlife and action photography service of the Internet. Unless explicitly stated otherwise, any new features, protocols, or systems that change or enhance the Distractionphotography.com service shall be subject to the Service Agreement. You understand and agree that this service is provided "AS IS" and that Distractionphotography.com is not responsible for the timeliness, deletion or retention, miss-delivery or failure to store user provided content, photos, communications, or other personailzations. In order to use this service, you must obtain access to a computer and to the Internet/World Wide Web legally and follow all rules and regulations pertaining to your country/location. Distractionphotography.com cannot be held responsible for any violation to Federal and International laws that you may commit. 3. EDITORIAL POLICY & REMOVAL Distractionphotography.com presents a truly unique online experience for its users and we take very seriously the privacy rights of others. As such, it is our policy that all of the photographic images/content available on Distractionphotography.com shall not be used by "You”, its employees, photographers, partners, affiliates and business groups in any way for commercial purposes without the written authorized consent of the subject(s). Distractionphotography.com may take photographs of subjects without written consent of the subject. The photographers respect your reasonable expectation to privacy. You understand that when You are at various venues throughout the local areas, ; (a) You are at a public location (b) your reasonable expectation of privacy is limited to certain areas of the venue [i.e. restroom(s), private office(s)] (c) You do not have a reasonable expectation of privacy in candid photographs of crowds. (d) A Distractionphotography.com photographer may request for your consent before taking a photo(s). (e) Your consent may be obtained in writing or obtained verbally by a Distractionphotography.com photographer (f) if you sign a consent form; you may request a written and signed copy of your consent form within three months [90 days] from the date of the event. If you are the subject of a photo(s) on Distractionphotography.com, and would like to request that such Photo(s) be removed, you may do so by sending an email to us through our contact page. Please allow up to twelve [12] business days for such removal to take effect. When requesting a removal, please include (g) your full legal name, (h) the date of the event your photo(s) were taken, (I) your telephone number or an alternate means of communication, (j) identifying information about yourself (eye color, hair color, height) or an image to associate with. Distractionphotography.com reserves the right not to remove photographs in its sole discretion. Distractionphotography.com will NOT take photographs and/or post Images that are deemed (in its sole discretion) to be inappropriate to the establishment(s) or the subject(s) contained within the Image(s) [i.e. nudity, interference of law]. Please also see our Privacy Policy below for additional information. 4. REGISTRATION Use of certain parts in the Service may require you to register and obtain a password. You agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the Service's registration form (such information being the "Registration Data or Profile") and; (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to (a) suspend or terminate Your account and; (b) deny You and/or the violating "World Wide Web Address/Internet Service Provider" access to our Service(s) or any portion thereof. 5. PRIVACY. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy below. By using the Service, You acknowledge and agree that Distraction Photography may record, store and/or preserve Content Logs, statistics, and data (as defined below) and may disclose Content to a third party if required by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this Service Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Distractionphotography.com, its owner, users, employees, business groups/affiliates and the public. This policy is non negotiable and your acceptance is your use of Distractionphotography.com. 6. MEMBER ACCOUNT, PASSWORD AND SECURITY When the particular service You use requires You to register as described above, You will also receive a password and account reference upon completing the Service's registration process. This information is usually issued via registration email but can also be privately issued verbally or written depending on prior circumstances. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Distractionphotography.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Distractionphotography.com cannot and WILL NOT be liable for any loss or damage arising from your failure to comply with this Section. 7. USE OF THE SERVICE; MEMBER CONDUCT You understand that all information, images, data, text, messages, postings, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Distractionphotography.com, are entirely responsible for all Content that You upload, post, or otherwise transmit via the Service. Distractionphotography.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Distractionphotography.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content (i.e. if an event posted on Distractionphotography.com is listed with the wrong date, place, or time), or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Service. You agree that You will not use the Service or the information obtained through the Service (including without limitation, directory or event listings) (a) for solicitations, commercial or otherwise; (b) for incorporation into a commercial product or service; (c) to download directory listings or other information by using any type of automated means; (d) for the purposes of soliciting, offending or harassing any person or persons; (e) to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way:(i) are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of another, or (iii) are known to be false or misleading at the time of entry; (f) harm minors in any way; (g) impersonate any person or entity, including, but not limited to, a Distractionphotography.com official, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (h) provide any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (i) 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 ANY communications equipment; (j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (k) intentionally or unintentionally violate any applicable local, state, national or international law. (l) You acknowledge that Distractionphotography.com does not pre-screen Content, but that Distractionphotography.com and its operators shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates the Service Agreement or is otherwise objectionable (as determined solely by Distractionphotography.com). 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 us or submitted to us. 8. CONTENT (a) For purposes of the Service Agreement, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include the Distractionphotography.com Photo-Gallery. Please note that this Content may be seen by anyone using the Service. (b) You grant Distractionphotography.com the world-wide royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or part) that is uploaded or otherwise sent, emailed, transmitted or donated. (c) You represent and warrant that You have all right, title and interest in, or otherwise have the right to publicly display all Content that You post to or transmit through the Service and that the Content You post to or transmit through the Service does not infringe, or dilute the intellectual or proprietary rights of any third party. 9. PURCHASING IMAGES You have the opportunity (but not the right) to purchase certain Images from the Distractionphotography.com Website subject to the following: (a) Distractionphotography.com reserves the right to (i) change any/all pricing at any time (in its sole discretion) without providing notice to You; and (ii) deny or refuse (in Distractionphotography.com's sole discretion) Your request to purchase, print, or download certain Image(s) or Data File(s) offered through the Distractionphotography.com Website; (b) except for Your purchase of a Digital File, Distractionphotography.com grants You a nonexclusive, nontransferable, license to print, copy, store, edit, or modify Your Image for non-commercial purposes; (c) Distractionphotography.com in no way guarantees the accuracy, quality or appropriateness of Images available on the Distractionphotography.com Website; (d) You represent and warrant that Your use of any/all Image(s) (including Digital Files) purchased, downloaded, or otherwise obtained from Distractionphotography.com will not be (as determined solely by Distractionphotography.com) offensive, misleading, deceptive, libelous, defamatory, obscene, intended to harass or annoy, violates the intellectual, proprietary or privacy rights of any third party, or which violates any laws; (e) You may not use the images to create your own photo gallery or Website for commercial purposes; (f) ANY IMAGES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH IMAGES; (g) You shall indemnify, defend and hold harmless Distractionphotography.com and its agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs that may at any time be incurred FOR ANY REASON of any claims, suits or proceedings arising out of any material breach by You; (h) You acknowledge and agree that all Images (including Data Files) ordered through Distractionphotography.com by You is Your own responsibility and in no way shall Distractionphotography.com be responsible for wrong orders, duplicate orders, or the quality of any Image(s) or Data Files. The prints, duplicates and quality of these objects are done by a 3rd party and Distractionphotography.com cannot be held responsible for them. Distractionphotography.com is not responsible for the privacy practices or services provided by any third-party fulfillment partner to provide you with the Image(s) You have requested. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Distractionphotography.com's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS SECTION SHALL SURVIVE COMPLETION, CANCELLATION OR TERMINATION OF THE AGREEMENT. 10. INDEMNIFICATION You agree to indemnify and hold Distractionphotography.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 1) Content You submit, post to or transmit through the Service, 2) Your use of the Service, 3) Your connection to the Service, 4) Your violation of this Service Agreement, or 5) Your violation of any rights of another third party service. 11. MODIFICATIONS TO SERVICE Distractionphotography.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Distractionphotography.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. TERMINATION You agree that Distractionphotography.com, in its sole discretion, may terminate Your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Distractionphotography.com believes that You have violated or acted inconsistently with the letter or bindings of the Service Agreement. Distractionphotography.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that Distractionphotography.com shall not be liable to you or any third party for any termination of your access to the Service. 13. PROPRIETARY RIGHTS AND IDEA SUBMISSIONS You acknowledge and agree that the Service and any necessary software used in connection with the Service contain 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 Service, in whole or in part. The compilations of the contents of the Service are copyrighted under the United States copyright laws. In addition to the rights granted in Section 9 above, Distractionphotography.com grants You a personal, non-transferable, non-sublicense able, and non-exclusive right and license to print and download portions of directory or event listings from or other information found on the Service solely for Your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any downloaded information is strictly prohibited without the express written consent of Distractionphotography.com. You agree to grant to Distractionphotography.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any Content, including directory listings and other materials or information you submit to Distractionphotography.com. You further agree to release Distractionphotography.com from any claims of alleged or actual infringement, or misappropriation of any proprietary rights that may result from such implementation or use. Privacy Policy Distractionphotography.com understands that the individuals we conduct business with value their privacy. The collection of personal information to properly operate our business is often necessary and desirable. It is Distractionphotography.com's goal to balance the benefits of e-commerce with the rights of individuals to prevent the misuse of their personal information. COLLECTION OF INFORMATION Distractionphotography.com may request personal information from you, like your name, e-mail address, company name, or telephone number. Your response to these inquiries is strictly voluntary. Distractionphotography.com uses this information to customize your experience on our site. In addition, Distractionphotography.com may use this information for other business purposes, such as to alert you to products and services that can assist you in your business, promoting site registration, and assisting in order processing. You can visit our site without releasing any personal information. However, there are areas of this site that require this information to complete their customization and/or ordering functions. These areas may not be available to those choosing not to reveal the information requested. DOMAIN INFORMATION Distractionphotography.com also collects domain information as part of its analysis and statistics on this site. This data enables us to become more familiar with the customers that visit our site, their locations, how often they visit, and what parts of the site they visit most often. Distractionphotography.com uses this information to improve its Web-based offerings. This information is collected automatically by the web server and requires no action on your part. COOKIES some pages on this site use "cookies." Cookies are small files that the site places on your hard drive for identification purposes. These files are used to store registration and customization information. You should note that cookies cannot read data off of your hard drive. Your Web browser may notify when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site. USE OF PICTURES some pages on Distractionphotography.com have digital images of individuals taken at various venues throughout the local areas. These pictures are taken without written consent of the subject, and will be treated as such. In respecting the better interests of the community, and our users, we will remove pictures at the request of the subject(s). Please read and understand section three [3. EDITORIAL POLICY & REMOVAL] of the Service Agreement it includes important information about your privacy and removal procedures for Distractionphotography.com Copyright Information 1. Proprietary Rights Distractionphotography.com, is the property of "Joshua Distraction" and is protected by United States and International copyright laws. All copyright, trademark and other intellectual property rights are the property of "Joshua Distraction". 2. All Photographs on Distractionphotography.com are Copyrighted the photographs displayed at Distractionphotography.com are the property of Distractionphotography.com and are protected by United States and International copyright laws. No permission, either express or implied, is granted for the electronic or physical transmission, storage, retrieval, or printing of the photographs contained on Distractionphotography.com, other than that which is released in the Service Agreement or related to the normal "caching" practices of browsers and/or proxies. No parties visiting Distractionphotography.com may otherwise copy, modify, publish, transmit, or distribute the contents of the photographs found on this site. Express written permission must be granted, on behalf of "Joshua Distraction" (copyright holder), in order to use the photographs at Distractionphotography.com for any purpose. 3. All Pages/Articles on Distractionphotography.com are Copyrighted Pages and individual articles on Distractionphotography.com are protected by United States and International copyright laws and remain the property of Distractionphotography.com and its licensors, distributors and individual authors. No permission, either express or implied, is granted for the electronic or physical transmission, storage, retrieval, or printing of the pages and articles contained on Distractionphotography.com in part, or in whole form, other than that which is released in the Service Agreement or related to the normal caching practices of browsers and standard proxying practices. No parties visiting Distractionphotography.com may otherwise copy, modify, publish, transmit, or distribute the contents of these pages or articles, found on this site, either in part or in whole form. Express written permission must be granted, on behalf "Joshua Distraction" in order to use the pages/articles on Distractionphotography.com for any purpose. 4. Copyright Infringement is SERIOUS the act of infringing on a copyright is a very serious matter and is punishable by fines and/or imprisonment. The staff and programmers at Distractionphotography.com have worked very hard to present our members and visitors with a quality site and we kindly ask that you will refrain from copying anything from the site onto your own hard drive, diskette(s), printer, etc. Except that which is released by the Service Agreement? Please refrain from editing the images and/or removing any logos or watermarks. You are welcome to copy the hyperlinks to other sites; however, we ask that you DO NOT copy any of the graphics, photographs, or articles from the Distractionphotography.com site for your own commercial use. Doing so is an infringement of United States and International copyright laws, which have been reserved for Distractionphotography.com. Violation will be formally prepared and punished to the full extent of the law. Distractionphotography.com reserves the right to change, modify, or update these statements at any time without notice. If you have any questions regarding our Service Agreement, Privacy Policy or Copyright Information please contacts us Contact@DistractionPhotography.com.