Welcome to ShutterYou.com.
1. Binding Agreement
2. Intellectual Property
You acknowledge and agree that ShutterYou shall own all worldwide right, title and interest in and to the Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site, and all related code provided through the Site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, “Materials”), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to ShutterYou.
Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Site is a violation of copyright and other proprietary rights and the use of any such Material on any other website or computer environment is strictly prohibited.
3. Ownership; Copyright; Trademarks
The Materials, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Site solely for your personal and non-commercial use; however, any printed copy of this Site, or portions of the website, must include ShutterYou’s copyright notice. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this website, without written permission from ShutterYou. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “data mining” to obtain lists of users, statistics or information regarding athletes or teams, or other information.
All contents of ShutterYou’s website(s) are Copyright © 2009 ShutterYou LLC, and/or its content providers, advertisers, sponsors and suppliers. All rights reserved.
ShutterYou and associated logos and service marks constitute trademarks of ShutterYou. All of the trademarks, service marks, and logos associated with the ShutterYou mark (the “Trademarks”) and displayed on the Site are registered and/or unregistered trademarks of ShutterYou, its affiliates, or third parties. Nothing in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without express written permission or the express written permission of the applicable third party. Any use of the Trademarks is expressly prohibited except as expressly provided by ShutterYou.
All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
4. Procedures for Claimed Copyright, Trademark, or other Intellectual Property Infringement
We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act or any other form of intellectual property infringement, please provide the following information to our agent:
(1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other evidence of ownership in the claimed intellectual property;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) description of where the material you claim is infringing is located on the Site;
(4) your address, telephone number, and email address;
(5) a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
(6) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights you claim has been infringed or that you are duly authorized to act on the intellectual property owner’s behalf.
Our agent may be contacted and all notices pursuant to this provision must be sent via certified mail as follows:
Attn: Intellectual Property Department
P.O. Box 1082
Royal Oak, Michigan 48068
Copies of such notice may be sent electronically in addition to the required written notice set forth above to the following e-mail address:
5. Third Party Content; Third Party Sites
You understand and agree that ShutterYou may offer information and services provided by third-parties who are not employed by ShutterYou. ShutterYou is not responsible or liable for any acts or omissions created, caused or performed by these third parties.
ShutterYou may include on the Site third-party advertisements and/or information about commercial services. ShutterYou does not endorse any product or service advertised on the Site. The Site may contain hyperlinks to other websites that are not operated by ShutterYou. ShutterYou does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between ShutterYou and their operators. Such hyperlinks are provided for your reference only.
ShutterYou does not endorse, is not responsible for and makes no warranty or representation as to the quality or performance of the advertisers or the services offered in connection with such advertisements. ShutterYou advises you to carefully review each third party advertiser and/or service offering prior to engagement with any third party advertiser or service provider.
SHUTTERYOU ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO INFORMATION ON THIS SITE.
It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Site, whether posted or provided by third parties or ShutterYou.
By developing content through the Site or providing any other information to ShutterYou in any form or manner including uploads, e-mailing, or written requests, you grant to ShutterYou a non-exclusive, worldwide, royalty-free, perpetual license to any information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as “User Content”). You hereby grant to ShutterYou the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content and when you submit, post, request that material be placed on the Site, in any form or manner, you agree that ShutterYou has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.
6. User Representations, Warranties And Covenants
You represent, warrant and covenant to ShutterYou that:
Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to ShutterYou. ShutterYou is not responsible for any material posted on any pages on the Site.
You shall not submit or otherwise publish any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
If a third party notifies ShutterYou of your intellectual property infringement including but not limited to violations of registered copyrights and trademarks, ShutterYou shall remove any such infringing material from the Site without notice to you.
7. Disclaimer of Warranties
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. ShutterYou intends that the information contained in or on the Site be accurate and reliable; however, errors and inaccuracies sometimes occur. In addition, ShutterYou may make changes, modifications, additions, deletions and improvements to the information provided herein at any time. Accordingly, ShutterYou cannot and does not warrant:
(1) the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site;
(2) freedom from human and machine errors, omissions, delays, interruptions or losses, including loss of data;
(3) downloads from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system; or
(4) uninterrupted or error-free or that defects will be corrected.
Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to ShutterYou.
THE SITE AND ANY APPLICATIONS, SERVICES, MATERIALS OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHUTTERYOU DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SITE-RELATED SERVICES OR INFORMATION OR MATERIALS.
In addition, ShutterYou does not warrant that the functions on the Site will be uninterrupted or error-free, that defects in or on the Site will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. ShutterYou does not warrant or make any representations regarding the Site or results of the use of the Site, specific services or applications provided through the Site, or any materials or information on the Site, in terms of their correctness, accuracy, reliability, legal compliance or otherwise. You (and not ShutterYou) assume the entire risk of any reliance on these materials. Under no circumstances will ShutterYou be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or information, or for any loss or damage of any kind incurred as a result of the use of any materials, information or results posted, emailed or otherwise received or transmitted via the Site.
ShutterYou does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible for the content of these communications and materials. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
The information and opinions expressed on user developed web pages, or to the extent such pages constitute bulletin boards, chat rooms, or other forums conducted on the site are not those of ShutterYou or content providers. ShutterYou merely provides services by which third parties are able to post information to certain areas. ShutterYou does not undertake to review or monitor such discussions or content and hereby makes NO REPRESENTATIONS OR WARRANTIES regarding that information or those opinions.
8. Limitation Of Liability
Under no circumstances shall ShutterYou, its affiliates or its subsidiaries, or the respective officers, directors, agents, employees, sponsors, and other partners of each be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise, arising out of or relating in any way to the Site, the services available on the Site, information contained within the Site, or reliance on any information, materials or results provided to or received through the Site, even if ShutterYou has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or Site-related services, applications, materials or information is to stop using the Site and/or those services, applications, materials or information.
Neither ShutterYou nor its content providers will be responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided at the site.
You agree to indemnify ShutterYou and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
10. Confidential Information
You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Site or any applications, data or information provided on or through the Site.
Use of the Site is restricted to ShutterYou and its authorized users. Unauthorized use of the Site including, but not limited to, unauthorized entry into the Site, misuse of passwords, or misuse of any information within the Site is strictly prohibited.
You agree not to use any functions on the Site which you are not authorized to use.
13. Modification Or Termination Of The Site
15. Governing Law, Jurisdiction, and Forum
17. Notices/Reports of Violations
Please report any violations or send any notices regarding potential violations or concerns regarding your or other user’s use of the Site to ShutterYou by email at info@ShutterYou.com, or write us at:
Attn: Customer Support Department
P.O. Box 1082
Royal Oak, Michigan 48068
18. Acknowledgement of User