BYTEPHOTO TERMS AND CONDITIONS:
NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. THIS WEBSITE IS OWNED AND OPERATED BY 'REFLECTIONS BY RUTH' (RUTH AND STEVE TAYLOR). REFLECTIONS BY RUTH RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
LIMITATION OF LIABILITY
In no event shall BytePhoto and/or Reflections by Ruth or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not BytePhoto and/or Reflections by Ruth has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from BytePhoto and/or Reflections by Ruth or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall BytePhoto and/or Reflections by Ruth be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not BytePhoto and/or Reflections by Ruth, are entirely responsible for all Content that you upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of BytePhoto and/or Reflections by Ruth or any third party does not control posted by Members and does not guarantee the accuracy, integrity or quality of the Content Under no circumstances will BytePhoto and/or Reflections by Ruth be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to our Membership.
With all due respect to our membership, we request that our forums not be used for political issues, solicitations, charities and issues outside of the general purpose of this web site. We understand that we all have things in our lives that we feel very strongly about. Things that are important to us on a personal level. The intent of these forums is to exchange information about our hobby/art and communicate on a friendly and enjoyable level.
You acknowledge that BytePhoto and/or Reflections by Ruth does not pre-screen Content, but that BytePhoto and/or Reflections by Ruth and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that BytePhoto and/or Reflections by Ruth may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BytePhoto and/or Reflections by Ruth, its users and the public. Content from this site may be stored, servered or both on/by, but not limited to, the following servers; bytephoto.com, bytephotoonline.com, reflectionsbyruth.com and propta.net.
SHARING OF CONTENT
Pages, articles, artwork, photography and other content on this site are protected by copyright laws. Due to the ease of sharing content on this site with Social Networks, Blogs and other similar web sites and media, BytePhoto and Reflections by Ruth cannot be held liable for the sharing of any content on this web site as it is out of our control. Sharing of any content on this site DOES NOT constitute any release of rights, ownership or approval, implied or otherwise, by BytePhoto, Reflections by Ruth, its current or past members, sponsors, advertisers and contributors.
In activating and/or accepting a membership account with BytePhoto you grant us the right to contact you via forum posts, email, surveys, newsletters, telephone, postal mail, etc.
HOW TO UNSUBSCRIBE FROM NEWSLETTERS
If you'd rather not receive newsletters via e-mail, simply: Go to BytePhoto.com and select the Newsletter > Subscription tab in the Home Menu, complete the Newsletter Unsubscribe box -or- send an email to email@example.com requesting removal (include the email address that you wish to unsubscribe if other than the sender email) -or- send a letter to Reflections by Ruth, 4905 Davis Dr., Doylestown, PA 18902 with the request. You may also manage any Newsletter subscription using the link at the bottom of the Newsletter.
ADVERTISING AND MATERIAL CONNECTION DISCLOSURE
Reflections by Ruth, d/b/a BytePhoto may have an affiliate relationship and/or other material connection to the providers of advertising, goods and/or services mentioned on this web site and may be compensated when you make a purchase from an advertiser and/or service provider via a link or banner on this web site. Advertisers may also pay for ad space directly with no further compensation or relationship other the display of their advertisement(s).
The content of posts on this web site are not influenced by sponsors, advertisers or any other form of affiliate partnership, nor are posts written for the sole purpose of promoting a good or service. Any reviews, product placement or other form of display is at our request as we feel that it may be relevant, educational or otherwise helpful to the membership and visiting traffic.
Reflections by Ruth is not paid to do reviews of any goods or services. We do not pay anyone to perform reviews for us. Reflections by Ruth may receive a sample(s) of the reviewed product in exchange for doing or arranging a review for display on this web site and/or other sites under our ownership, influence or control.
Reflections by Ruth does not pay for the goods or services we award as prizes or giveaways with the exception of items that we giveaway or award ourselves. Products are provided to us by their respective manufacturers or legitimate distributors in exchange for advertising and legitimate promotion. We do use the sponsor prizes to promote this web site as well as recognize the sponsor support of our web site.
Consumers should perform their own due diligence before buying goods or services from anyone via the internet or offline.
DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA")
BytePhoto.com respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, BytePhoto.com will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Content Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.
If you believe that BytePhoto.com or any user of BytePhoto.com has infringed a copyright, please notify our Copyright Agent and provide the following information.
1.A copy or link location of the work that you feel is being infringed upon.
2.The location of the material on BytePhoto.com that you believe is infringing on the above.
3.Your Name, Mailing Address, Phone Number and your email address.
4.A statement by you that you believe that the disputed content is not authorized by the copyright owner and that the above information in your request is accurate, made under penalty of perjury of law.
The Content Agent for BytePhoto.com is Steve Taylor, Reflections by Ruth, who can be reached at 4905 Davis Dr., Doylestown, PA 18902, -or- at admin[at]bytephoto[dot]com -or- at (215) 230-4626. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may be invalid.
Reflections by Ruth is based in Doylestown, Pennsylvania and primary transactions take place on ProPTA servers located in Doylestown, Pennsylvania. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Doylestown, Bucks County, PA. You agree to submit to the jurisdiction of The Commonwealth of Pennsylvania courts and agree that venue in these courts is proper in any such legal action or proceeding.
POTENTIALLY HARMFUL AGENTS
BytePhoto takes all reasonable care to ensure that information, documents and files posted on the Website are free from viruses and other potentially harmful agents. However, we cannot guarantee that documents or files downloaded from the Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus or other potentially harmful agent. Accordingly, for your own protection, you should use virus-checking software when using the Website. You must not post or provide to us via the Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via the Website or email.
BytePhoto is not responsible for any computer virus, Trojan, time-bomb, worm, or any other rogue programming that may be contained in any of the information or software contained on this Site. BytePhoto has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content and Materials on this Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through this Site any software or other materials that contain Rogue Programming. This Site is provided on an “AS-IS” basis without warranties of any kind, either express or implied. BytePhoto does not warrant that any information is complete or accurate, that this Site will be uninterrupted or error free, or that any information is free of Rogue Programming.
BytePhoto strongly suggests you keep a self updating virus check software package running on your computer to protect your computer from computer viruses or other potentially harmful agents. BytePhoto has received many virus infected emails from others who have virus infected computers. Many of these virus emails have from and to addresses as coming from the BytePhoto.com domain, which is not true. Before contacting us to inform us that you have a spam or virus email from us, check the email header, you will find the email did not originate from BytePhoto.com mail server IP address, but from another computer that is virus infected.
PAYMENTS/TERMINATION/REFUSAL OF SERVICE
BytePhoto's operating costs are generated from advertising revenue and donations. At the current time, membership to joing is free. If in the future, BytePhoto does institute an annual Membership Account Set-Up fee, these Membership Fees, if required, are subject to change without notice. We do not accept Credit Card payments directly. We do accept PayPal payments (Credit Cards may be used there), US Checks and Money Orders by mail. Account activation may occur after funds have successfully and completely cleared to our account(s).
Due to the updated PayPal fee schedules, if a refund is issued to the buyer for any reason, BytePhoto/Reflections by Ruth may retain a portion of the refunded amount to cover these costs at our sole discretion. The current refund fee will be $1.00 USD for payments within the United States and $2.00 USD for international payments.
Quarterly winners may be responsible for any applicable federal, state, or local taxes, tariffs, or import duty fees that may result from the receipt of their prize. If local, state, or federal laws in your state and/or country of residence prohibit this contest, prize will not be awarded. We reserve the right to substitute prizes if any of the prizes become unavailable due to events beyond our control. Prizes shipped outside the US will be labeled as “gifts”, Reflections by Ruth and/or BytePhoto will not falsify shipping documents for the purpose of avoiding import duties. In accepting any prize from BytePhoto your contact information will be conveyed to the awarding Sponsor and you give them the right to contact you. All prize winners will be notified by email. If you are a winner according to the list on the BytePhoto site and have not heard or received notification, please contact us immediately at firstname.lastname@example.org. Once notification has been issued, there will be a 30 day period to respond via email with the requested information. All prizes unclaimed after 60 days from end of winning month will be forfeit. All members residing outside the United States are responsible for shipping of all prizes unless otherwise noted.