Water Safari Photos
updated July 01, 2018
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 Old Forge Properties, Inc.
(“Water Safari”), through the Water Safari Photos web site found
at http://www.WaterSafari.com/Photos (the "Photo Site").
By using this Service, you agree to be bound by these Terms.
Water Safari reserves 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 between you and
Water Safari. If you do not wish to be bound by these
Terms, please do not use the Service.
- Purpose of the Service
offers digital photography services that provide the ability to access and use
the Site to view, share, download and place orders of the digital images taken
at Water Safari Photos (the “Service”).
- Third Party Service Providers
reserves the right to utilize third-party service providers to offer and
operate the Service. Such third-party
service providers may be located in third countries, including without
limitation the United States. By
consuming or otherwise purchasing any of the Services, you expressly consent to
the export and processing of your data by such third-party providers.
- Accuracy, Completeness and Timeliness of the
of any information presented on the Photo Site, Water Safari
reserves 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 Water Safari make reasonable
efforts to ensure that all material on the Photo Site is correct, accuracy and
integrity cannot be guaranteed, and Water Safari does not
assume any responsibility or obligation for the accuracy, completeness or
authenticity of material on the Photo Site.
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 to minimize such disruption where it is within the reasonable
control of Water Safari. You agree that Water Safari
and its service providers shall not be liable to you for any modification,
suspension or discontinuance of the Service.
here to see the Photo Site’s Privacy
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
or its third-party provider, is, unless otherwise stated, the owner of all
copyright and database rights in the Service. Water Safari,
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).
- 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 physical or electronic signature
of the copyright owner or the person authorized to act on the owner’s behalf;
a description of the copyrighted
work you claim has been infringed;
a description of where the material
you claim is infringing is located on the Photo Site;
your name, address, telephone
number, email address and all other information reasonably sufficient to permit
Water Safari to contact you;
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
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.
Water Safari is 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.
purchase from or register as a member of the Service you must be 18 years of
age or over. You agree that the information that you provide to Water Safari
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 Water Safari
and its provider will communicate with you about your account and your orders.
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 Water Safari
immediately of any unauthorized use of your password or if you believe that
your password is no longer confidential. Water Safari reserves
the right to require you to alter your password if Water Safari
believes that your password is no longer secure.
- Storage Policy and Photo Availability
taken at [Venue Name] and uploaded by Water Safari 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.
photos are claimed and associated with a user account, they will be available
for viewing, sharing, downloading and purchasing for thirty (30) days, after
which the photos will be permanently deleted. Water Safari reserves
the right to not upload content of any type that, in Water Safari’s
sole discretion, might be deemed offensive. Water Safari is not
responsible for lost or missing photos.
of a Binding Contract
placing your order, Water Safari will obtain authorization
from your credit card company for the amount of your order. No contract will
exist between you and Water Safari for the supply of any
services or products unless and until Water Safari accepts
your order. Acceptance of your order shall take place when your credit card is
charged which will occur upon placement of your order. Until your credit card
is charged, Water Safari reserves its right to cancel your
utilizes a third-party service provider to operate the Service and collect
payment on behalf of Water Safari. As such, credit card charges will appear as
originating from My Souvenir Photos.
of your order does not guarantee that Water Safari can supply
the selected products to you. All the products on the Photo Site are subject to
availability and Water Safari must therefore reserve the right
to (a) limit quantities of products it supplies, (b) supply only part of
an order or to divide up orders, or (c) alter the availability and duration of,
and to terminate at any time, any special offers.
download purchases may be made available through the Photo Site. Whether the Photo Site offers the ability to
purchase a photo download will be identified on the Photo Site. Photo downloads include all images uploaded by
Water Safari 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 purchase. 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 purchased, 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 computer.
prices are stated in U.S. dollars and are valid until altered by Water Safari.
Links may be available from time to time on the Photo Site for special offers
for selected products. Prices
do not include delivery charges, import duties, or value added taxes that may
be added by the order destination country. Any applicable shipping and handling
charges and/or U.S. sales tax will be added to your order during the checkout
process. In the event that you order products and the price published on the
Service was incorrect, Water Safari will contact you to let
you know the correct price and ask you whether you still wish Water Safari
to fulfill your order at the correct price. Any dates specified for delivery of
any products are intended to be an estimate only.
otherwise required by law, if for any reason, you are not satisfied with any
print or photo product you purchase, simply return it within thirty (30) days
from date of purchase and Water Safari will either reprint the
original print or photo product at no cost to you or refund the original
purchase price. Please click on the “Help” link at the bottom of this page for
information regarding returns and refunds. Water Safari will
issue a refund to your credit card or reprint your original print or photo
product when your return is received.
download purchases are not refundable.
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 Water Safari nor its
vendors are responsible for undeliverable e-mail addresses. Water Safari 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.
time to time Water Safari 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. Water Safari does not endorse
or takes responsibility for the content on other web sites or the availability
of other web sites and you agree that Water Safari is not 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.
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 Water Safari and its processors, and
their respective parent companies, subsidiaries, officers, directors,
contractors, suppliers, affiliated companies, joint venturers, business
partners, licensors, employees, agents, and any third-party 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.
does 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 Water Safari in connection with the
operation or content of this Photo Site shall be considered non-confidential
understand and agree that Water Safari 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
Water Safari or their respective suppliers to obtain,
maintain, or exercise its ownership rights.
reserves the right in its 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.
Law and Jurisdiction
Service, the Photo Site and Water Safari are based in the
United States. Unless prohibited by law, 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. To the fullest extent permitted by 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
of Warranty and Limitation of Liability
SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE
PROVIDED BY Water Safari ON AN "AS IS" AND “AS
AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. Water Safari
EXPRESSLY DISCLAIMS 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 NON-INFRINGING; 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. IN THE EVENT OF ANY MISTAKE
BY Water Safari, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE
PRODUCT, Water Safari WILL REPLACE AND
Water Safari WILL BE LIABLE ONLY TO THE EXTENT OF THE RETURN
POLICY STATED IN THESE TERMS.
AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED
BY LAW, Water Safari 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 Water Safari 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
Beyond our Reasonable Control
is not liable for delays in performance caused by circumstances beyond its
reasonable control and will be entitled to an extension of time for
performance; examples include strikes, supplier/transport/production problems,
exchange fluctuations, governmental or regulatory action and natural disasters.
If such circumstances continue for more
than one month, either party may terminate a contract for the purchase of
products without compensation.
title and risk of loss for print or photo products purchased by you through the
Service passes to you upon our delivery of such products to the carrier for
shipment to you. Water Safari may assign its rights and
responsibilities hereunder without notice to you. Water Safari
reserves the specific right to transfer the running of the Service to a third
party. Water Safari’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.
to Contact Us
you have any comments or questions about these Terms and Conditions or the
Service, please contact us by returning to the "Help" menu and choosing the "Contact Us" link.