Terms of service

(Last updated March 20, 2008)

Your photos may not contain nudity, violent or offensive material, or copyrighted images. Basically don't do anything illegal because you are responsible for your actions.

Your Acceptance
Welcome to retratosagua.com. Your use of http://www.retratosagua.com or other web sites owned or operated by My Web Power LLC. (the "RETRATOSAGUA.COM" sites) and the services provided through or in connection with the RETRATOSAGUA.COM Sites and viewing of the content available at the retratosagua.com Sites, is subject to this Terms of Use Agreement and the current retratosagua.com Privacy Policy published at http://retratosagua.com/privacy.php, which is incorporated herein by reference. Each time you use the RETRATOSAGUA.COM Sites, you agree to be bound by the following Terms of Use and the Privacy Notice. If you do not agree to any of these terms, then you must immediately discontinue your use of the retratosagua.com Sites.

Your access to, browsing and/or use of this site are subject to the following Terms & Conditions, any other terms, conditions or guidelines set out elsewhere in this site, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, pornography, defamation, and Export Controls laws. By using this site, you agree that you are 13 years of age or older and you accept and agree to be bound by the above and the following Terms & Conditions:

1. Content and Accuracy of Information. While My Web Power, LLC ("RETRATOSAGUA") takes reasonable steps to ensure that the information, images, text or links (the "Information") contained in this site are accurate and complete, RETRATOSAGUA makes no representations or warranties as to the completeness or accuracy of the Information. RETRATOSAGUA hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this site generally.

2. Copyright Notice. It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on this site is copyrighted and may not be used or copied by you except as explicitly provided in this site, or by applicable law or otherwise without the express prior written consent of RETRATOSAGUA or the copyright owner. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from this site without the express prior written permission of RETRATOSAGUA or the copyright owner. You may download and print images and text from this site only for your private, non-commercial use. Any other use requires the prior consent of RETRATOSAGUA or the copyright owner. YOU ALSO REPRESENT THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED MATERIALS SUBMITTED OR PROVIDED BY YOU. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.

3. Images. Any images contained in or displayed by RETRATOSAGUA on this site, other than as submitted by you, are the property of RETRATOSAGUA or are used by RETRATOSAGUA with the consent of the copyright holder and persons if any, appearing in such images. Subject to paragraph 2 hereof, the use by you of any such images (or any portions thereof) without the express written consent of RETRATOSAGUA or the copyright holder is prohibited. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.

4. Pornographic and Obscene Materials. You are hereby advised that any images submitted by you are subject to review and examination by RETRATOSAGUA. Any and all images are, of course subject to all applicable laws regarding child pornography, child abuse, or obscene or pornographic material. Any perceived violations of law will be reported by RETRATOSAGUA to applicable law enforcement authorities. RETRATOSAGUA reserves the right in its sole and absolute discretion to refuse to process or post any materials deemed objectionable by RETRATOSAGUA.

5. Child Pornography and Images of Child Abuse. It is understood and agreed that pictures are subject to examination and fall under all applicable laws, including laws which prohibit child pornography and child abuse. Any perceived violations of law will be reported to law enforcement authorities if in the sole judgment and discretion of RETRATOSAGUA, such images are in violation of the law.

6. Intellectual Property. Any trademarks, tradenames, logos, and/or service marks displayed on this site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.

7. Limitations of Liability. YOUR ACCESSING OR USE OF THIS SITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS SITE "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, RETRATOSAGUA ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. RETRATOSAGUA SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE, OR FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY IMAGES, INFORMATION OR MATERIALS.

The submission of any image to us for posting on the internet, or any other handling constitutes an agreement by you that if such image is damaged, lost or mishandled by our company or any affiliated company, agents, or employees, even though due to the negligence or other fault of any of the foregoing, or if any damage (including damage to computers or any other equipment or systems) is caused by any product or service provided hereunder, or if unauthorized access is gained or misuse of an image is made by any third party, our liability will be limited, at our option, to replacement of an equivalent amount of unexposed film and processing or a full refund of any monies paid by you to us. The foregoing will be the exclusive remedy for any such loss, damage or mishandling. Except for such replacement or refund, the acceptance for processing, printing, posting on the internet, or handling of any images is without any warranty whatsoever (whether expressed or implied, including any warranty of merchantability or fitness for a particular purpose) or other liability of any kind. Recovery for any special, incidental or consequential damages is specifically excluded.

8. Software Downloading and Exporting. Any software contained in this site may only be downloaded by you where expressly authorized in this site and pursuant to the explicit terms and conditions set forth in these Terms and Conditions or as otherwise provided with such software. All downloaded software must retain all copyright and proprietary notices contained on such software. Additionally, the downloading or exporting of software is subject to all applicable laws, rules and regulations, including but not limited to laws regarding copyrights and U.S. Export Controls laws and regulations prohibiting the exporting of software to certain countries and individuals.

9. Revisions and Updates. The Information is provided by RETRATOSAGUA as a convenience and is subject to change without notice. RETRATOSAGUA may, at any time and from time to time, revise these Terms and Conditions and the content of this site generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Update and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current Terms and Conditions and review the site generally to familiarize yourself with any Updates and Revisions.

10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by retratosagua.com without restriction.

  • MISCELLANEOUS
  1. Privacy. In addition to the terms of this Agreement, You should be aware that use of the RetratosAgua.com Site and/or the RetratosAgua.com Service is also governed by our Privacy Policy. Acceptance of this Agreement constitutes acceptance of RetratosAgua.com's acceptable use policy for content posted on the RetratosAgua.com Site, RetratosAgua.com's Privacy Policy, RetratosAgua.com's Copyright Policy, and any notices regarding the RetratosAgua.com Site, as such policies or notices may be amended from time to time.
  2. Disputes. You agree that any dispute relating to your use of the RetratosAgua.com Site, RetratosAgua.com Software and/or RetratosAgua.com Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
  3. International Use. RetratosAgua.com makes no representation that the RetratosAgua.com Software is appropriate or available for use in locations outside the United States, and accessing it from territories where the RetratosAgua.com Software or any feature of the RetratosAgua.com Services and/or RetratosAgua.com Site is illegal is prohibited. Those who choose to access this website (or any other website on which RetratosAgua.com Software is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. The RetratosAgua.com Software may be further subject to United States export controls. No RetratosAgua.com Software may be downloaded from the RetratosAgua.com Site or through the RetratosAgua.com Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the RetratosAgua.com Software is at your sole risk.
  4. No Third Party Beneficiaries. This Agreement is between You and RetratosAgua.com. No user has any rights to force RetratosAgua.com to enforce any rights it may have against any You or any other User.

 

11. General
A. Governing Law. You agree that: (i) the retratosagua.com Sites shall be deemed solely based in New York; and (ii) the retratosagua.com Sites shall be deemed passive websites that do not give rise to personal jurisdiction over retratosagua.com, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and retratosagua.com that arises in whole or in part from the retratosagua.com Sites shall be decided exclusively by a court of competent jurisdiction located in New York, New York.

B. Entire Agreement/Severability. These Terms of Use, together with the Privacy Notice at http://retratosagua.com/privacy.php and any other legal notices published by retratosagua.com on the retratosagua.com Sites, shall constitute the entire agreement between you and retratosagua.com concerning the retratosagua.com Sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

C. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and retratosagua.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. retratosagua.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the retratosagua.com Sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND RETRATOSAGUA.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE retratosagua.COM SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

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