THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. Yeti Photography reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.
This Agreement is in addition to your obligations under the applicable Yeti Photography Content License Agreement (if any). In the event of any conflict between this Agreement and the Yeti Photography Content License Agreement, the Yeti Photography Content License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Customer Service by e-mail at Yeti Photography.
Permitted Use of this Site
This Site is owned and operated by Yeti Photography. All images, audio, video and related informational materials in any medium furnished by Yeti Photography hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by Yeti Photography or our licensors and is protected by international laws and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable Yeti Photography’ Content License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Yeti Photography
FOR THE PROTECTION OF YETI PHOTOGRAPHY AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM YETI PHOTOGRAPGY AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to Yeti Photography’ use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by Yeti Photography in writing, you may not:
Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle Yeti Photography to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Yeti Photography in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties Yeti Photography may be entitled to under this Agreement, any applicable Yeti Photography Content License Agreement and applicable law. The foregoing is not a limiting statement of Yeti Photography’ or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or Yeti Photography Content License Agreement.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Yeti Photography. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
Privacy
Yeti Photography’Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult Yeti Photography’ Privacy Policy for specific information on Yeti Photography policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.
Please note that if you use Yeti Photography’ Community Pages, including blogs and discussion threads, not yet set up, described further below, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these pages. You may, at any time, request access to, correct and delete personal information about you stored by Yeti Photography with respect to these Community Pages by contacting us directly.
Registering for a Yeti Photography Account
Registration with Yeti Photography grants you certain privileges. For example, if you have registered for a Yeti Photography account and Yeti Photography has approved your registration, you may be able to access Content without a visible watermark. In applying for a Yeti Photography account, you agree to furnish true and accurate information. Yeti Photography reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by Yeti Photography. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Yeti Photography of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Yeti Photography of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Yeti Photography, and that Yeti Photography is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.
If you suspect you are being impersonated, contact us immediately. Yeti Photography reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Yeti Photography and its members.
Yeti Photography cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Yeti Photography account or Site or related services.
Children
Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Limited License for Comp Usage
Conditioned on your compliance with this Agreement, Yeti Photography grants you a limited license to download Content consisting of images solely for evaluating whether you wish to purchase a license to the image according to Yeti Photography Content License Agreement applicable to your use (“Comps”). If you are not a registered user, your Comp license covers only visibly watermarked Content, and does not entitle you to download Content which does not contain a visible watermark. You may use Comps solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Comp license for the Content. You may not use a Comp image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. Except for this limited, internal testing and sample use, Yeti Photography grants you no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the comp outside the scope of this Agreement. To access images without a visible watermark, you must register for a Yeti Photography account.
Yeti Photography may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Yeti Photography Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at Yeti Photography’ request, return all such copies to Yeti Photography.
Yeti Photography Trademarks
You may not use the trademarks or service marks of Yeti Photography without Yeti Photography’ prior written consent. “Yeti Photography,” “Yeti Photography and the Yeti Photography logo, among others, are trademarks of Yeti Photography's, or one of its subsidiaries. Other product and company names mentioned on the Site are trademarks of their respective owners.
Indemnification
You agree to indemnify and hold harmless Yeti Photography and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users and (v) any claims arising out of Content you supply via the Community Pages.
Disclaimers and Limitation of Liability
YETI PHOTOPGRAPH PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK.
YETI PHOTOGRAPHY MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, YETI PHOTOGRAPHY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER YETI PHOTOGRAPHY NOR ANY YETI PHOTOGRAPHY SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
YETI PHOTOGRAPHY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF YETI PHOTOGRAPHY, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF YETI PHOTOGRAPHY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH YETI PHOTOGRAPHY TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND YETI PHOTOGRAPHY MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. YETI PHOTOGRAPHY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO YETI PHOTOGRAPH, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND YETI PHOTOGRAPHY.
YETI PHOTOGRAPHY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO YETI PHOTOGRAPHY IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT YETI PHOTOGRAPHY’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL YETI PHOTOGRAPHY’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED $500.00.
Third Party Links
As a convenience, our Site may link to other sites that may be of interest to you but are not under Yeti Photography’ control. These links do not imply endorsement by Yeti Photography and we are not responsible for the availability of or the content contained in any linked site.
Notification of Copyright Infringement
Yeti Photography may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Yeti Photography’ copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit Yeti Photography to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Yeti Photography’ copyright agent for notice of claims of copyright infringement can be reached as follows:
Yeti Photography
P.O. Box 31287
Whitehorse, YT Y1A 5P7
Choice of Law / Jurisdiction / Attorneys’ Fees
Any dispute regarding this Agreement shall be governed by the laws of the Canada and applicable Federal law, including, as amended. The parties agree to accept the exclusive jurisdiction of the federal courts located in Whitehorse, YT. CND, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between Yeti Photography and you, Yeti Photography shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with Yeti Photography’ Privacy Policy, the terms for the Community Pages (if separately agreed to), and the Yeti Photography Content License Agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of Yeti Photography, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Yeti Photography, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Yeti Photography. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Yeti Photography’ prior written consent.
Community Pages
The Site may contain chat rooms, discussion forums, bulletin boards, review services or other forums in which you or third parties may post Content, messages, materials or other items on the Site ("Community Pages") To be set up..
If Yeti Photography provides such Community Pages, You are solely responsible for your use of such Community Pages and use them at your own risk. You agree that all the information posted or accessed will be used only for your individual personal purposes. You will not make any other unauthorized use of this Site, or any interactive features available on this Site. You agree that you are responsible for your own use of the Site, for any Content you upload, and for any consequences thereof.
Yeti Photography may require you to furnish additional information or agree to additional terms before permitting you to access certain features of the Site you agree to access the authorized sections of the Site and your account only by using the account information and password supplied to you by Yeti Photography. You acknowledge that your user name may be displayed on the Site in connection with any content you submit.
For use of Community Pages, Yeti Photography will enable registered users to create a community profile of themselves, including interests and favorites. Please note that if you delete your profile, all Content you submit (“User Content”), including work and information created by that user may be deleted.
User Acknowledgements
You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content and User Content are provided by third parties and that Yeti Photography cannot control such Content.
The following constitute violations of this Agreement and may result in immediate termination or suspension of your account:
You agree that you will not attempt to enter restricted areas of Yeti Photography’ computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Yeti Photography may, without notice, temporarily or permanently suspend your access to the Site and the Content by deactivating your account or password if Yeti Photography reasonably suspects that you are using the account or password to obtain unauthorized access to Yeti Photography’ other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Yeti Photography may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
Termination of this Agreement
This Agreement is effective until terminated by Yeti Photography, in its sole and absolute discretion. Yeti Photography may terminate this Agreement with or without notice to you and will do so if you use or attempt to use the Site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by Yeti Photography shall be in addition to and without prejudice to such rights and remedies as may be available to Yeti Photography, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate. The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Choice of Law provisions of this Agreement shall survive the termination or expiry of this Agreement.
International Users
The Site is controlled, operated, and administered by Yeti Photography from its office within Canada. The Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that Yeti Photography intends to market, promote, or distribute such Content, including products and services, in your country. If you access the Site from a location outside the Canada, you are responsible for compliance with all local laws.