Terms and Conditions of Use

Effective Date: December 01, 2018

This is a legal agreement between you and TobinPhoto.com ("us", "we", or "our"). You agree to follow and be bound by the terms and conditions of this agreement ("Terms of Use", "Terms" or "This Agreement") by using this website ("Site") or by exercising any rights granted under our Terms of Use. We reserve all rights not expressly granted to you by these Terms.

Please read all Terms set forth in this document before you continue to use this Site. We may update these Terms as needed to accurately reflect changes to our practices, correct errors or for other operational, legal or regulatory reasons. Once any updated Terms of Use are in effect, you agree to be bound by them by using this Site.

It is your responsibility to review our Terms of Use periodically, and if at any time you do not agree to these Terms, please do not use this Site.

Access to This Site

We reserve the right to modify, suspend or discontinue your access to this Site (or any part thereof) at any time, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuation of this Site or any part thereof.

If you are accessing this Site on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind that entity to these Terms.

Minors: Anyone who does not have the legal rights of an adult is hereafter referred to as a "Minor". Minors under the age of thirteen (13) are strictly prohibited from providing personally identifiable information ("Personal Information") and intellectual property to this Site. Minors that are age thirteen (13) or older may provide Personal Information and intellectual property to this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a Minor that is age thirteen (13) or older, you agree to be fully responsible for the acts or omissions of such user in connection with this Site.

Accounts

You may desire or be required to create an account ("Your Account") to receive emailings or use certain features of our Site. If you register for an account, you must provide your name, email address and password. Information associated with your account will be managed according to the guidelines set forth in our Privacy Policy.

You are solely responsible for the information associated with Your Account, and you agree to maintain the security of Your Account by not sharing access and using a strong password that is used only for this Site.

You may not license, sell, or transfer Your Account without our prior written permission.

The Permissions We Give You

TobinPhoto.com grants you a personal, revocable, non-transferable, non-exclusive, limited license to use and access this Site solely as permitted by and accordance to these Terms.

Except as permitted through these Terms, or as otherwise permitted by us in writing, your license does not include the right to:

  1. license, sell, transfer, distribute, host, assign or otherwise commercially exploit the Site or any part thereof;
  2. modify, decompile, prepare derivative works of or reverse engineer any part of the Site; or
  3. access the Site or any part thereof in order to build a similar or competitive website, product or service.

Other explanations and Content on this Site are for your information only, and are not, and shall not be construed as part of our Terms of Use unless specified otherwise in This Agreement.

The Permissions You Give Us

This Site may contain text, links, photographs, graphics, videos, intellectual property or other materials ("Content"), including Content submitted to us by you ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

By submitting Your Content to this Site, you represent and warrant that you have all rights, power and authority necessary to grant the rights to Your Content. You are solely responsible for Your Content, and you may expose yourself to liability if you post or share Content without all necessary rights.

By submitting Your Content, to this Site, you agree to irrevocably grant TobinPhoto.com a perpetual, non-exclusive, royalty-free and worldwide license to use, copy, modify, adapt, prepare derivative works from, host, perform and publicly display Your Content. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. Nothing in our Terms takes away the rights you have to any of Your Content, so you are free to share all of it anywhere you please.

Any suggestions, ideas or feedback that you provide to us about this Site are entirely voluntary, and you agree that TobinPhoto.com may use such suggestions, ideas and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, monitor or delete Your Content, we may do so at our sole discretion at any time and for any reason, with or without notice to you.

Links to Other Websites

Our Site may include links to websites that are not operated by us. We have no control of, and are not responsible for, the content or privacy practices of other sites. It is your responsibility to review the policies of those websites to confirm your understanding and agreement.

Governing Law

If you have an issue or dispute relating to TobinPhoto.com, these Terms or this Site, you agree to contact us first and attempt to resolve your issue or dispute informally before pursuing legal process.

Any claims arising out of, or relating to, these Terms or this Site will be governed by the laws of Alaska, other than its conflict of laws rules. All disputes related to these Terms or this Site will be brought solely in the federal or state courts located nearest to Soldotna, Alaska, and you consent to personal jurisdiction in these courts.

Waiver

No action of TobinPhoto.com, other than express written and signed waiver, may be construed as a waiver of any provision of our Terms of Use, and no representative of TobinPhoto.com is authorized to make an oral waiver.

In the event that we waive a specific part of the Terms, it does not mean that we waive any other part, and and any waiver made by us on any one occasion will not be construed as a waiver of rights or remedies on any other occasion.

A delay on the part of TobinPhoto.com in exercising its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by TobinPhoto.com of any such rights or remedies will not preclude other or further exercise of that right or remedy.

Copyright

This Agreement incorporates by reference Copyright Law of the United States. Site design and Content are the property of TobinPhoto.com and its affiliates. Any use without express written consent from TobinPhoto.com is strictly prohibited and will be prosecuted to the fullest extent of the law.

We also respect the intellectual property of others, so please contact us if you believe your work has been infringed upon.

Severability

If one or more of the provisions contained in This Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Disclaimer

This Site is provided "as is" and on an "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TobinPhoto.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement or course of performance.

Contact Us

Please contact us if you have have any questions about our Terms of Use.