Old Forge Properties, Inc.
Terms and Conditions
Last updated July 01, 2018
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 Old Forge Properties, Inc. (“Water Safari”),
through the Service Name web site found at http://www.WaterSafari.com/Photos (the "Photo
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.
1. Purpose of the Service
Water Safari offers 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. 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.
3. Accuracy, Completeness and Timeliness of the
Regardless 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 makes 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.
Water Safari 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 Water Safari to minimize
such disruption where it is within the reasonable control of Water Safari.
agree that Water Safari shall not be liable to you for any
modification, suspension or discontinuance of the Service.
Click here to see the
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.
Water Safari, 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
8. 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
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 Water Safari
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.
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.
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 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 will
communicate with you about your account.
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 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
Photos 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.
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. 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.
12. 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 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 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
You may also download individual images directly to your mobile
device or computer.
13. 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 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.
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.
14. External Links
From 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 take 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.
15. 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.
You 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 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.
17. Customer Feedback
Water Safari 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 and non-proprietary.
You understand and agree that Water Safari or its
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
its respective suppliers to obtain, maintain, or exercise its ownership rights.
18. Termination of Membership
Water Safari 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
19. Applicable Law and Jurisdiction
The Service and the Photo Site 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 New York.
20. Disclaimer of Warranty and Limitation of
THE 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 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, 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.
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.
21. Circumstances Beyond our Reasonable Control
Water Safari is not liable for delays in
performance caused by circumstances beyond its reasonable control.
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.
23. 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.
©2018 Old Forge Properties, Inc. All Rights Reserved.