100ASA, Inc. (“100ASA”, “we”, “us” or “our”) provides a platform via its website, and apps (the “Site”) to a community of registered users (“users” or “you”) to engage in a variety of activities, including to upload and display photographs (“Visual Content”) share comments, opinions and ideas, promote Visual Content collections, register for premium membership accounts (“Premium Accounts”), and participate to photo exhibition galleries. The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.
By using the services, you are agreeing, on behalf of yourself and those you represent, to comply with and be legally bound by these terms as well as our privacy policy and all applicable laws. If you, for yourself or on behalf of those you represent, do not agree to any provision of these terms, you must, for yourself and on behalf any such person(s), discontinue the registration process, discontinue your use of the services, and, if you are already registered, cancel your account.
100ASA reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, 100ASA will notify you by posting an announcement on the Site. What constitutes a material change will be determined at 100ASA's sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. 100ASA reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Visual Content at any time at its sole discretion and without prior notice. 100ASA may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.
As a condition to using Services, you are required to open an account with 100ASA and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account. Any personal information that you provide to 100ASA is governed by the 100ASA Privacy Policy.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your 100ASA account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register for Premium Accounts or license Visual Content through 100ASA, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Visual Content containing nudity and violence that may be offensive to some.
The Services are for use by a) individuals who own Visual Content; b) entities that represent owners of Visual Content including but not limited to galleries, agents, representatives, distributors other market intermediaries; and c) individuals and entities seeking to license Visual Content. We are currently not accepting illustration and graphic design content to upload on the Site. If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self-advertising.
All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not 100ASA, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through 100ASA's comment reply service. 100ASA does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 100ASA. By way of example, and not as a limitation, you agree not to use the Services:
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to 100ASA at email: info@100asa.com.
You are solely responsible for your interactions with other users of the Site, including any communications that you exchange through 100ASA's photo discussion service. 100ASA reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through 100ASA's messenger service, based on any reports that 100ASA receives alleging the violation of these Terms through the use of 100ASA's messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms in any way, 100ASA may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. In consideration of 100ASA agreement to allow you to post Content to the Site and 100ASA's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with 100ASA as follows:
100ASA maintains a fair storage policy to ensure stable and fast service to all users. The storage limits set forth in the Terms may be changed from time to time without notice and you are responsible for complying with such changes.
Accounts are limited to a maximum number or photos depending on their role - max 10GB for each user (for more info about photo upload allowance please refer to Reputation ). Any additional storage may result in restrictions on your account including limited access to your Visual Content or a requirement to upgrade if the limit is exceeded for several months.
The Services may provide, or third parties may provide, links to other sites or resources. Because 100ASA has no control over such sites and resources, you acknowledge and agree that 100ASA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 100ASA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You hereby expressly and irrevocably release and forever discharge 100ASA, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless 100ASA, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services or Premium Accounts, by you or any person using your account or 100ASA Username and password, (iv) the licensing or use of your Visual Content, or (v) any violation of any rights of a third party. 100ASA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
100ASA, 100asa.com and other 100ASA graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 100ASA. 100ASA's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 100ASA. The images and icons available in the 100ASA icon pack may be used by partners and third party sites in connection with providing appropriate links to the 100ASA Site so long as they are used in a manner that is consistent with 100ASA's requirements.
100ASA may terminate or suspend any and all Services and/or your 100ASA account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your 100ASA account, you may simply discontinue using the Services (subject to termination provisions specific to Premium Accounts). All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Visual Content from your account and/or Premium Account prior to termination. Upon termination of your account, 100ASA will automatically remove all Visual Content posted to your account.
You use the site and the services at your own risk. The site and the services are provided on an “as is, as available” basis. 100ASA expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. 100ASA disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from this site and the services, including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party websites or content directly or indirectly accessed through links in the site, including but not limited to any errors or omissions, (d) the unavailability of all or any part of the site or the services, (e) your use of the site or the services, or (f) your use of any equipment or software in connection with the site or the services.
Except as otherwise provided by law, neither 100ASA nor any of its affiliates, parents, subsidiaries, authorized distributors, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the site, any facts or opinions appearing thereon, or the services. 100ASA shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the site or services. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, 100ASA's sole obligation to you for damages shall be limited to us$100.00.
You and 100ASA agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of 100ASA and all parties to any such proceeding.
