Terms and Conditions

The Capital Wheel Photos

Terms and Conditions

Last updated July 17, 2014

Please read these terms and conditions (the "Terms") carefully as they contain the legal terms and conditions that you agree to when you use the Service (as defined below) provided to you by Kodak Alaris Inc. (“KODAK ALARIS”), in cooperation with The Capital Wheel at National Harbor (“TPC”), through the Service Name web site found at http://thecapitalwheel.com/photos (the "Photo Site"). This Photo Site is separate and distinct from the http://nationalharbor.com/capitalwheel/ web site, which provides different services and products.  Therefore, the use of the http://nationalharbor.com/capitalwheel/ web site is governed by different terms of use and privacy policies. Accordingly, please refer to the terms of use and privacy policy for http://nationalharbor.com/capitalwheel/ web site when using that site or to obtain information on visiting The Peterson Companies.

By using this Service, you agree to be bound by these Terms. KODAK ALARIS and TPC reserve the right to amend these Terms at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the Terms as modified. These Terms constitute the entire agreement among you, TPC and KODAK ALARIS with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to the Service. If you do not wish to be bound by these Terms, please do not use the Service.

1.     Purpose of the Service

KODAK ALARIS  and TPC offer digital photography services that provide the ability to access and use the Site to view, share, and/or download the digital images taken at Venue Name (the “Service”).

2.     Accuracy, Completeness and Timeliness of the Information

Regardless of any information presented on the Photo Site, KODAK ALARIS and TPC reserve the right without prior notice to discontinue the Service, without incurring any obligations. The Photo Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although KODAK ALARIS and TPC make reasonable efforts to ensure that all material on the Photo Site is correct, accuracy and integrity cannot be guaranteed, and KODAK ALARIS and TPC do not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the Photo Site.

3.     Availability

KODAK ALARIS uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by KODAK ALARIS to minimize such disruption where it is within the reasonable control of KODAK ALARIS. You agree that KODAK ALARIS and TPC shall not be liable to you for any modification, suspension or discontinuance of the Service.

4.     Privacy

Click here to see the Photo Site’s Privacy Policy.

5.     Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Photo Site without permission from the trademark owner, except as permitted by applicable law.

6.     Copyright

KODAK ALARIS is, unless otherwise stated, the owner of all copyright and database rights in the Service. TPC, unless stated otherwise, is the owner of any photographic material contained on this Photo Site. You may not publish, distribute, extract, re-utilize or reproduce part or all of any such content in any material form (including photocopying or storing it in any medium by electronic means).


7.     Intellectual Property Rights of Others

We respect the intellectual property rights of others and request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us using the “Contact Us” link at the bottom of the page

The notification must include ALL of the following:

a.     a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

b.     a description of the copyrighted work you claim has been infringed;

c.     a description of where the material you claim is infringing is located on the Photo Site;

d.     your name, address, telephone number, email address and all other information reasonably sufficient to permit KODAK ALARIS and TPC to contact you;

e.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

f.     a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

KODAK ALARIS and TPC are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Photo Site, including material you provide to us, and so we have an absolute right to remove any material from the Photo Site in our sole discretion at any time.

 

8.     Registration

To register as a member of or use the Service you must be 18 years of age or over.  You agree that the information that you provide to KODAK ALARIS on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which KODAK ALARIS will communicate with you about your account.

9.     Password

When you register as a member you will be asked to provide a password. You are responsible for all activities that occur under your username or password. Thus, you should keep your username and password confidential. You must notify KODAK ALARIS immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. KODAK ALARIS reserves the right to require you to alter your password if KODAK ALARIS  believes that your password is no longer secure.

10.   Storage Policy and Photo Availability

Photos taken at Venue Name and uploaded by KODAK ALARIS or Venue Name to the Photo Site should be available online the morning after the day the photos were taken. The photos must be claimed within thirty (30) days from the date they were taken. Photos not claimed within thirty (30) days will no longer be available to be viewed or claimed.

Once photos are claimed and associated with a user account, they will be available for viewing, sharing and downloading for thirty (30) days, after which the photos will be permanently deleted. KODAK ALARIS and TPC reserve the right to not upload content of any type that, in KODAK ALARIS’s sole discretion, might be deemed offensive. KODAK ALARIS and TPC are not responsible for lost or missing photos.

14.   Photo Downloads

Photo downloads may be made available through the Photo Site. Whether or not the Photo Site offers photo downloads will be identified on the Photo Site.  Photo downloads include all images uploaded by KODAK ALARIS or TPC to the Photo Site that have been claimed by you where the images have not already been deleted by you and have not already expired at the time of the download request. Custom content available through the Photo Site, including but not limited to, image borders and overlays, may be available as part of a download purchase.

After a download of all your images is requested, a download link will be provided to you via email. You may initiate the image download an unlimited number of times via the provided link for thirty (30) days after which time the download link will automatically expire. A text file explaining your limited rights to the images will be provided with the images when they are downloaded.

You may also download individual images directly to your mobile device or computer. 

17.   Sharing and Social Network Posting of Photos Through the Photo Site

You are responsible for naming the persons to share your photos. To share your photos online, you must provide a valid e-mail address for each recipient. Neither KODAK ALARIS nor TPC is responsible for undeliverable e-mail addresses. KODAK ALARIS reserves the right to filter the text content of the share e-mail subject line and message.  Recipients are not required to register prior to viewing your pictures.  When you delete a shared photo, it is deleted from all recipient accounts. Recipients can delete their copy of a photo which will only remove it from their account.

Posting of photos to social networks, including but not limited to FACEBOOK, may be available through the Photo Site.  The ability to post photos will be identified on the Photo Site, if available, along with the applicable social network options.

18.   External Links

From time to time KODAK ALARIS may provide links that will take you to third party web sites. These links are provided for your convenience. If you decide to access linked web sites, you do so at your own risk. Neither KODAK ALARIS nor TPC endorses or takes responsibility for the content on other web sites or the availability of other web sites and you agree that neither KODAK ALARIS  nor TPC is liable for any loss or damage that you may suffer by using other web sites. These terms do not govern your use of a third-party web site and different terms and conditions will apply to your use of any linked sites.

19.   User Conduct

You agree to use the Photo Site only for lawful purposes.  You agree not to take any action that might compromise the security of the Photo Site, render the Photo Site inaccessible to others or otherwise cause damage to the Photo Site.  You agree not to use the Photo Site in any manner that might interfere with the rights of third parties.

20.   Indemnification

You understand and agree that you are personally responsible for your behavior on the Photo Site. You agree to indemnify, defend and hold harmless KODAK ALARIS and TPC, and their respective parent companies, subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, resulting from or arising out of your use, misuse, or inability to use the Photo Site, the Service, or the content, or any violation by you of these Terms. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

21.   Customer Feedback

KODAK ALARIS and TPC do not want to receive confidential or proprietary information from you via the Photo Site. Any comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided to KODAK ALARIS  or TPC in connection with the operation or content of this Photo Site shall be considered non-confidential and non-proprietary.

You understand and agree that KODAK ALARIS or TPC or their respective suppliers shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Service. You further agree to execute any additional documents that become necessary for KODAK ALARIS or TPC or their respective suppliers to obtain, maintain, or exercise its ownership rights.

22.   Termination of Membership

KODAK ALARIS and TPC reserve the right in their sole discretion to terminate your use of the Photo Site and your membership if you violate any of these Terms or if your account has been inactive for more than one year.

23.   Applicable Law and Jurisdiction

The Service, the Photo Site and KODAK ALARIS are based in the United States and, as such, this Service has been designed to comply with the laws of the State of New York. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.

24.   Disclaimer of Warranty and Limitation of Liability

THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY QUALEX AND TPC ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. QUALEX AND TPC EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.

YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, QUALEX AND TPC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE PHOTO SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF QUALEX OR TPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

25.   Circumstances Beyond our Reasonable Control

KODAK ALARIS and TPC are not liable for delays in performance caused by circumstances beyond their reasonable control.

26.   Miscellaneous

KODAK ALARIS may assign its rights and responsibilities hereunder without notice to you. KODAK ALARIS reserves the specific right to transfer the running of the Service to a third party. KODAK ALARIS's and/or TPC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

27.   How to Contact Us

If you have any comments or questions about these Terms and Conditions or the Service, please contact us using the "Contact Us" link at the bottom of this page.

© Copyright 2007-2014 Kodak Alaris Inc. All Rights Reserved.

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