Terms of Service
Binfinity Web, Inc. (hereafter also referred to as "Binfinity") provides the services on its website PhotoPottery.com subject to the following Terms of Service. By using the PhotoPottery.com website, you agree to accept these Terms of Service. Our Terms of Service may be updated by Binfinity at any time. If there is a material change to our Terms of Service, we will place a prominent link on the Site directing you to this updated page. You should also review this document periodically, as it will contain the most current version. If our Terms of Service do change, your continued use of the site will be deemed your acceptance of our changed Terms of Service.
Please review our Privacy Notice, which also governs your visits to PhotoPottery.com, so that you understand Binfinity's practices regarding the collection and use of personal information.
ABOUT OUR SERVICE
All content, including any calculations generated by our interactive tools (e.g. calculators), are for informational and educational purposes only.
All content included on this website, including but not limited to text, graphic images, buttons, page layouts and software is the property of Binfinity Web, Inc. or its content suppliers, and is protected by copyright, trademark, and other laws, and it may not be reproduced or imitated in whole or in part without the express permission from Binfinity or a copyright holder.
PhotoPottery and PhotoPottery.com are trademarks of Binfinity Web, Inc., and all other trademarks not owned by Binfinity Web, Inc. on this site are the property of their respective owners.
YOUR REGISTRATION / CONTACT INFORMATION
When you register with PhotoPottery.com or subsequently change your account information, or if you contact us, you agree that you will not use a false email address, or in any way try to impersonate any other person or identity.
USAGE BY CHILDREN UNDER 13
PhotoPottery.com was created for those who are thirteen (13) years of age or older. It is not directed toward or designed to attract children under the age of 13 and Binfinity does not intentionally or knowingly collect personal information from children under the age of 13. Children under the age of 13 may not use PhotoPottery.com and should not register to become a member of our service, and parents or legal guardians may not agree to these Terms of Service on their behalf. WE STRONGLY ENCOURAGE PARENTS AND GUARDIANS TO PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT AND MONITOR THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
YOUR ACCOUNT, PASSWORD AND SECURITYYou are responsible for maintaining the confidentiality of your PhotoPottery.com account id and its password and agree that you are responsible for all activity that occurs under your account. It is your responsibility to logout of PhotoPottery.com when you are done using it.
LICENSE TO USE / SITE ACCESS
Binfinity grants you a limited, non-transferable and non-exclusive right and license to access and use the site's services (content and interactive software tools such as calculators and polls) for your personal, non-commercial use. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit this site, its content and services for any commercial purposes. You may print or download a copy of the content for your own personal, non-commercial use only if all copyrights, notices, and disclaimers are retained intact. Any other use of content and services is strictly prohibited unless prior, written consent has been provided to you by Binfinity. Binfinity expressly prohibits you from using any technological means to display any portion of the PhotoPottery.com website on any other website, unless prior, written consent has been provided to you from Binfinity. You agree to use PhotoPottery.com only through the interface we provide and not by any other means.
You agree that Binfinity may terminate your PhotoPottery.com account and access to the PhotoPottery.com service, at any time and without notice to you for any breach, threatened breach, or violation by you of this Terms of Service, for extended periods of inactivity, for unexpected technical or security issues, or for any other reason. If your access is terminated due to breach, you understand that Binfinity has the right to refuse you service in the future. You agree that Binfinity will not be liable to you for termination of your account.
CHANGES TO SERVICE
You agree that at any time, and without notice to you, Binfinity can modify any portion of the PhotoPottery.com website and the services provided, or can discontinue the website. You agree that Binfinity will not be liable to you or to any third party for any modifications to the website or discontinuation of the site and its services.
PhotoPottery.com's service (including the website and emails it sends) contains links to other websites, some of which may be paid for by our advertisers. Such links are provided as a convenience to you, but Binfinity has no control over such linked to sites. You understand and agree that Binfinity is not responsible for the availability of these external sites, their content, or the accuracy contained on these sites. The inclusion of any link to other websites does not imply that Binfinity endorses or has reviewed any of these sites. You agree that Binfinity will not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused in connection with any content, products, services, or actions of these sites and any other third parties. You should always read the privacy statements and Terms of Service of use statements of all websites you visit.
THIRD PARTY CONTENT
Some of the content appearing on PhotoPottery.com is provided by third parties, not by Binfinity (hereinafter "Third Party Content"). Third Party Content is provided "as is" and it might contain errors, omissions, inaccuracies, outdated information, and inadequacies. Further, Third Party Content may be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of third parties. Binfinity does not guarantee Third Party Content's accuracy, completeness, timeliness, validity, or safety and will not be liable directly or indirectly for any lack of the foregoing.
DEALINGS WITH ADVERTISERS & THIRD PARTIES
Third parties, including but not limited to advertisers and affiliates, may offer goods, services and other materials to you on PhotoPottery. Your correspondence or business dealings with, or your participation in promotions of, any third party found on or through PhotoPottery including, without limitation, payment and delivery of related goods or services, along with any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You agree that Binfinity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such offers from third parties on PhotoPottery.
MEMBER CONTENT IN PUBLIC AREAS - SUBMISSIONS AND USAGE
Some public areas of PhotoPottery may allow members to post to forums and shared content areas, in a variety of formats, including, but not limited to, text and images (collectively "member content"). Binfinity does not guarantee member content accuracy, completeness, timeliness, validity, or safety and will not be liable directly or indirectly for any lack of the foregoing.
If you transmit or post any content to PhotoPottery, you hereby assign, transfer and grant Binfinity a non-exclusive, perpetual and irrevocable world-wide rights to use, edit, reproduce, perform, modify and distribute your Submissions in any works created by Binfinity in any media currently known or subsequently devised. You further convey to Binfinity the right to sublicense your Submission. You grant the aforementioned rights without any claim of royalties or other compensation. You represent and warrant that you are the sole author of the submission and have the power to convey the rights granted herein, and that your Submission does not infringe upon the copyright, trademark, or property rights of another. You are prohibited from posting or transmitting to PhotoPottery or Binfinity any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
In addition to the foregoing, if you transmit or post any member content to PhotoPottery, you agree that: i) You will not use your posts for any commercial activity or for advertising any products, services, websites, blogs, or forums; ii) You will not transmit or post any content containing chain letters, pyramid schemes, or any files containing viruses, worms, or other similar harmful material; iii) Your posts will not contain any matter that violates another's right of privacy or right of publicity; iv) you will not impersonate any other person.
Binfinity is not responsible for and assumes no liability for any member submitted content, nor does Binfinity endorse any member content. Binfinity has the right, but not the obligation, to edit, remove, or refuse to accept any member content at any time, for any reason. Binfinity may remove your access to member content public areas for violation of these terms, or for any reason, at our sole discretion, without prior notice to you.
This section applies to products directly sold by Binfinity through its online store.
Our Prices and Products - Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time, and to modify any product description at any time, without notice; If a product is no longer available after you have ordered it, we will notify you and, at your option, you can choose a replacement product or cancel the product from your order for a refund. We reserve the right to limit the sales of our products to any geographic region or jurisdiction. We may limit or cancel quantities purchased per person, per household, or per order, at our sole discretion. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Accuracy of Your Billing Information - You agree to provide current, complete and accurate purchase and account information for all purchases made from our store so that we can complete your transactions and contact you as needed.
Binfinity is located in New York, in the United States of America (USA). Binfinity makes no claims that its site, including all content and services thereon, are appropriate or legal in countries outside the USA. If you choose to access the site from outside the USA, you do so at your own risk and you are fully responsible for complying with all laws and regulations of your jurisdiction.
You agree to defend, indemnify and hold Binfinity, its officers, directors, employees, licensors, agents, suppliers, affiliates, and content providers harmless from and against any and all claims, actions, losses, damages and costs, including reasonable attorney's fees, resulting from or alleged to result from i) your breach of this Terms of Services; (ii) your use of this site, its content and services; (iii) your submitting any content to PhotoPottery.
SUBMISSION OF SUGGESTIONS AND FEEDBACK
If you submit to Binfinity any feedback or suggestions about our site, business ideas, concepts, inventions (hereinafter "Submissions"), you hereby assign, transfer and grant Binfinity a non-exclusive, perpetual and irrevocable world-wide rights to use, edit, reproduce, perform, modify and distribute your Submissions in any works created by Binfinity in any media currently known or subsequently devised. You further convey to Binfinity the right to sublicense your Submission. You grant the aforementioned rights without any claim of royalties or other compensation. You represent and warrant that you are the sole author of the submission and have the power to convey the rights granted herein, and that your Submission does not infringe upon the copyright or property rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PHOTOPOTTERY.COM WEBSITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BINFINITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BINFINITY MAKES NO WARRANTIES THAT THE PHOTOPOTTERY.COM SITE, ITS SERVERS, OR EMAIL SENT FROM ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOFTWARE SERVICES OR CONTENT IS ERROR-FREE, ACCURATE, COMPLETE, TIMELY OR RELIABLE OR THAT ANY SOFTWARE OR CONTENT ERRORS WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BINFINITY, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, YOUR USE OF THIS SITE AND ITS CONTENT, OR FROM YOUR INABILITY TO ACCESS OR USE THIS WEBSITE, OR FROM LOSS OF DATA, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY EVEN IF BINFINITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSION AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
This Terms of Service constitutes the entire agreement between you and Binfinity and governs your entire use of the service, superseding any prior agreement between you and Binfinity. This agreement and any dispute that may arise between you and Binfinity shall be governed by the laws of the state of New York without regard to its conflict of law provisions.
GENERAL, AND SEVERABILITY OF TERMS
If any condition of these Terms of Service shall be deemed invalid, void, or unenforceable, then that condition shall be interpreted according to applicable law to the greatest extent possible, and the remainder of all other provisions shall remain in full force and effect.