Gatlinburg Mountain Coaster 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 Gatlinburg Mountain Coaster, LLC (“GMC LLC”), through the Service
Name web site found at http://www.gatlinburgmountaincoaster.com/photos (the "Photo Site").
This Photo Site is separate and distinct from the http://www.gatlinburgmountaincoaster.com web site, which
provides different services and products.
Therefore, the use of the http://www.gatlinburgmountaincoaster.com web site is governed by different
obtain information on visiting Gatlinburg Mountain Coaster LLC.
By using this Service, you agree to be bound by these Terms. KODAK
ALARIS and GMC LLC 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, GMC LLC
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
ALARIS and GMC LLC
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
2. Accuracy, Completeness and Timeliness of the
of any information presented on the Photo Site, KODAK ALARIS and GMC LLC
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 GMC LLC
make reasonable efforts to ensure that all material on the Photo Site is
correct, accuracy and integrity cannot be guaranteed, and KODAK ALARIS and GMC LLC
do not assume any responsibility or obligation for the accuracy, completeness
or authenticity of material on the Photo Site.
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 GMC LLC shall not be liable to you for any
modification, suspension or discontinuance of the Service.
here to see the
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
ALARIS is, unless otherwise stated, the owner of all copyright and database
rights in the Service. GMC LLC, 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
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
GMC LLC 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 GMC LLC
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.
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.
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
10. Storage Policy and Photo Availability
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 GMC LLC
reserve the right to not upload content of any type that, in KODAK ALARIS’s
sole discretion, might be deemed offensive. KODAK ALARIS and GMC LLC
are not responsible for lost or missing photos.
14. Photo Downloads
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 GMC LLC 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.
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.
may also download individual images directly to your mobile device or
17. Sharing and Social Network Posting of Photos
Through the Photo Site
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 GMC LLC 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.
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
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 GMC LLC
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 GMC LLC 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
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.
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
GMC LLC, 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
ALARIS and GMC LLC 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 GMC LLC
in connection with the operation or content of this Photo Site shall be
considered non-confidential and non-proprietary.
understand and agree that KODAK ALARIS or GMC LLC 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 GMC LLC
or their respective suppliers to obtain, maintain, or exercise its ownership
22. Termination of Membership
ALARIS and GMC LLC 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
23. Applicable Law and Jurisdiction
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
SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE
PROVIDED BY QUALEX AND GMC LLC ON AN "AS IS"
AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. QUALEX AND GMC LLC
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.
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.
AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED
BY LAW, QUALEX AND GMC LLC 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 GMC LLC
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.
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.
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
25. Circumstances Beyond our Reasonable Control
ALARIS and GMC LLC are not liable for delays in
performance caused by circumstances beyond their reasonable control.
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 GMC LLC’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
27. How to Contact Us
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.