Your acceptance of these terms is an absolute condition of your use of The Photo Forest website and forms a legal agreement between you and The Photo Forest Limited (“The Photo Forest”).
By accessing any service or partial service under The Photo Forest domain, you agree to be bound by the terms of this agreement.
The Photo Forest reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
1. This Site is owned and operated by The Photo Forest Limited.
2. All content on this website including by not limited to stock photos, blogs, articles, photographer profiles, and artwork are owned by The Photo Forest or its partners / contributors and are protected by international intellectual property and copyright laws and international treaty provisions.
3. The Photo Forest retains all rights not expressly granted by this agreement.
4. The license contained in this agreement will terminate automatically without notice from The Photo Forest, if you fail to comply with any provision of this agreement.
5. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof.
6. In addition, The Photo Forest reserves the right to terminate this site without notice.
7. Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is licensed to you by The Photo Forest.
8. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of The Photo Forest End User License Agreement and any relevant Licensing Agreements.
LINKS TO THIRD PARTY SITES
9. The Photo Forest provides links to third-party sites as a convenience to you.
10. The Photo Forest does not control third party sites or links to third party sites.
11. Links to third-party sites are not an endorsement by The Photo Forest of such sites.
12. The Photo Forest is not responsible for the content of any linked sites.
13. The Photo Forest represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
14. The Photo Forest warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
15. Except as provided above, the content is provided “as is” “as available” and “with all faults” basis without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
16. The Photo Forest does not warrant that the content and site will meet your requirements or that its use will be uninterrupted or error free.
17. The entire risk as to the quality and performance of the content and site is with you.
18. Should the content prove defective, you (and not The Photo Forest) assume the entire cost of all necessary repair or correction.
YOU REPRESENT, WARRANT AND COVENANT THAT:
19. You are at least 18 years of age and have the right to enter into this Agreement.
20. You will not use the Content in any way that is not permitted by this Agreement, The Photo Forest End User License Agreement or any other relevant licensing agreements.
21. Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party.
22. The information you provide to The Photo Forest is accurate and true, including without limitation all credit card information.
23. You agree that all passwords to your The Photo Forest account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein.
24. If you breach any provision of this section, we shall be entitled to
– terminate this Agreement immediately with notice to you
– retain all unpaid payments pursuant to this Agreement and
– seek any legal or equitable remedies.
INCORRECT PRICING AND INFORMATION
25. The Photo Forest has used reasonable effort to ensure that the pricing and information stated in the Site are accurate; however, there are possibilities due to genuine error that the Content’s information is incorrect or the Content is priced wrongly, in such situation The Photo Forest has the right to cancel the transaction and refund the payment, if the transaction has been made.
LIMITATION OF REMEDIES
Cancellation / Expiration:
26. In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.
No Monetary Damages:
27. Under no circumstances whatsoever will The Photo Forest be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if The Photo Forest has been advised of the possibility of such damages, or for any claim by any other party.
28. You agree to fully defend and indemnify The Photo Forest, its employees, directors, and officers, and anyone else associated with The Photo Forest, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including legal fees and expenses, arising from the breach of the warranty above or these Terms.
29. The Photo Forest reserves the right to change and amend the prices of any subscription package or the credit download rates and download sizes without prior notice to you. However, The Photo Forest will always endeavour to notify you of any impending price changes.
30. Failure by The Photo Forest to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
31. The establishment, effectiveness, interpretation and execution of this Agreement shall all be governed by the laws of Hong Kong, subject to its jurisdiction, and without regard to the conflict of laws or principles.
32. All disputes arising in connection with the performance of this Agreement shall be settled through friendly negotiations.
33. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to Hong Kong International Arbitration Centre for arbitration in Hong Kong which shall be conducted in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration.
34. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
35. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to The Photo Forest such that damages and remedies under Hong Kong law for any breach of any such covenant would be inadequate.
36. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Hong Kong, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.
37. If The Photo Forest is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse The Photo Forest for its legal fees, costs and disbursements if The Photo Forest is successful.
38. You may not assign or transfer to anyone the rights granted to you in this Agreement, without The Photo Forest’s prior written consent.
39. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
40. You further agree that it is the complete and exclusive statement of the agreement between you and The Photo Forest.
41. The explanations to FAQ’s and other explanations and content provided in The Photo Forest website are for your information only and are not, and shall not be construed as, part of this agreement.
42. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.
43. This agreement was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed.
44. In case of conflict between the English version and another language version, the English version takes precedence.
46. Your continued use of the Content, services and/or Sites contained in The Photo Forest website implies your full consent to The Photo Forest’s use of your corporate / business/community identity logos for promotional purposes of The Photo Forest without the need for payment of any consideration.
47. The Photo Forest and the Content are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.”
48. The Photo Forest, its employees, directors, and officers, and anyone else associated with The Photo Forest disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that your usage of The Photo Forest will be uninterrupted, error free of computer viruses or other damaging materials.
49. When you access and acquire Content, you do so at your risk.