This website is owned and operated by Tao Photos LLC. Tao Photos does not own, maintain or operate the servers that host this web site, which are provided by a third party provider. As a visitor to this website you acknowledge this, and agree to accept all risk and liability associated with communicating and/or storing any information on such third party servers as a consequence of your visit to this web site and/or initiation of any transaction.

 

Intellectual Property

Information and images found on Tao Photos may be subject to protection under the law against unauthorized copying. By accessing any portion of the Tao Photos web site you are agreeing to respect the intellectual property rights of Tao Photos, and any others whose content may be found on Tao Photos, and representing and warranting that you shall not make unauthorized copies of any kind (electronic, print, or otherwise) of Tao Photos content, and shall not make any efforts to unlawfully copy or distribute Tao Photos content.

 

Use of Any Images Associated With A Membership

If you have received access to a restricted area of this website and the ability to download digital images please note that there are important restrictions regarding your use of any downloaded images. In particular, Tao Photos and/or Yvonne K. Kleiman own all rights to the images you download from this site, and hereby give you permission to use the images in accordance with the following terms, conditions, and limitations:

1. You may display, use and share the images privately, such as in your own home, without restriction and in any display medium (print, electronic, etc. . . ).

2. You may also publicly display and use the images made available to you in any medium (print, electronic, internet, etc. . . ) but solely for the limited purpose of promoting or advertising yourself in an individual capacity, or, if applicable, as a member of any group or organization that is the subject of the images, provided that:

a)      You inform Tao Photos through the photographer Yvonne K. Kleiman about any public use of the images, including the medium used, quantity of images used, dates of display and use, and location of display and use. b)      The images may not in any way be modified, such as by cropping, lightening, sharpening, etc. . . c)      The copyright notice, if present on the images, must be clearly visible for all public uses and displays. d)      A caption must accompany the images clearly and legibly identifying the photographer as Yvonne K. Kleiman, with the exception of thumbnails used on personal web pages for individuals (e.g. myspace). e)      The images may not be used or displayed in connection with any pornographic, vulgar, obscene, illegal, or offensive subject matter or activities. f)      The use of the images may not be in violation of any law, or legal obligation that you may have to a third party, such as for example any obligations imposed by membership, affiliation, or contractual obligation to a union, professional guild, or production company.

3.  You may not in any way sell, license, lease, distribute, make money, create derivative works, use in commercial or literary publications, enter contests, or attempt to do any of the aforementioned, with the images under any circumstances.

4.  You understand and agree that the permissions you have received to use the images will be immediately revoked should it be discovered that there is any violation of these terms, and that legal action may be taken against you.

5. You agree to indemnify and hold harmless Tao Photos and the photographer from any and all damages and causes of actions that may arise from any use or display you make of the images.

6. THE SHARING OR DISTRIBUTION OF USERNAMES AND PASSWORDS THAT ARE FOR ACCESS TO RESTRICTED AREAS OF THE SITE IS STRICTLY PROHIBITED. Tao Photos monitors for username and password sharing and will take legal action against those who do so.

Should you need or want to use any of the images beyond the limited personal uses provided for under this agreement, you may contact Tao Photos to discuss possible arrangements.

 

Disclaimer of Warranties & Indemnification

TO THE FULLEST EXTENT ALLOWED BY LAW TAO PHOTOS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, REGARDING ANY INFORMATION OR MATERIALS ON THIS WEBSITE, ACCESS TO THIS WEBSITE, OR ANY PRODUCT OR SERVICE. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, A FULL DISCLAIMER OF ANY AND ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAO PHOTOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE COMPATIBILITY OF THIS WEBSITE OR ANY PRODUCT WITH A USER’S SYSTEM.

EXCEPT AS EXPRESSLY STATED OTHERWISE IN THE PRIVACY POLICY, TAO PHOTOS HEREBY DISCLAIMS ANY LIABILITY ON ACCOUNT OF ANY UNAUTHORIZED USE BY A THIRD PARTY OF USER OR MEMBER PERSONAL INFORMATION, INCLUDING CREDIT CARD INFORMATION, WHERE SUCH PERSONAL INFORMATION HAS BEEN ILLEGALLY OBTAINED, SUCH AS BY WAY OF EXAMPLE A THIRD PARTY GAINING UNAUTHORIZED ACCESS INTO A TAO PHOTOS DATABASE, OR INTERCEPTING ANY COMMUNICATION OF INFORMATION BETWEEN A USER AND TAO PHOTOS.  USERS EXPRESSLY AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY TAO PHOTOS AGAINST ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED USE OF MEMBER PERSONAL INFORMATION.

THE USER ASSUMES FULL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY THAT MAY RESULT FROM THEIR USE OF THIS WEB SITE, INFORMATION OR MATERIALS CONTAINED ON THE WEB SITE, USE OF ANY THIRD PARTY HOSTING, PAYMENT & LICENSING SYSTEMS, OR INSTALLATION OF ANY THIRD PARTY PRODUCT.

THE USER ALSO AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TAO PHOTOS, ITS EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, MEMBERS, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST IT ON ACCOUNT OF THE USER’S ACTIVITIES RELATED TO THE USE OF THIS WEB SITE.

Tao Photos will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information or images on this web site, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Tao Photos hereby limits its liability to the extent permitted by law.

 

No Right To Access

Tao Photos reserves the right to refuse access to this website, or any services, to any person, for any reason, at any time.

 

Governing Law

It is understood and agreed that this web site and these Terms of Use are governed by the laws of the State of California in the United States of America. It is agreed that any dispute arising out of the use of this web site, use of any product, or that relates to these Terms of Use, may be resolved, at the sole option of Tao Photos, through binding arbitration conducted under the auspices of the American Arbitration Association, pursuant to their Commercial Rules of Arbitration, in Los Angeles, California. It is further agreed that the prevailing party in any such dispute shall be awarded their reasonable costs and attorneys fees.