Digital Photography Review Conditions of Use
Last updated: May 18, 2012
Welcome to dpreview.com(and any successor website(s) as applicable) (collectively the “Web Site”). We provide website content and features to you subject to the following conditions. If you visit the Web Site, you accept these conditions. If you do not agree, you have no right to use this Web Site.
All the information and content (such as text, design, layout, graphics, photos, images, logos, buttons, audio clips, video clips, digital downloads, data compilations, and software) included on this Web Site are the property of IMDb.com, Inc. (“we,” “us” or “our”), and its affiliates or its photographers, users and content suppliers and are protected by the copyright and trademark laws of the United States, United Kingdom and other countries. The compilation of all content on this Web Site is our exclusive property and is protected by U.S. and international copyright laws. All software used on this Web Site is our property or the property of our licensors and protected by United States and international copyright laws.
This Web Site and any of its contents may not be copied, translated or distributed in any manner (electronic, web or printed) without our prior written consent. To inquire with the Web Site for such consent, please contact us. We actively seek out copyright violations on the Internet and in print and will use full legal force to deal with any infringement of our rights. The only exception to this rule is linking to articles (see below).
DIGITAL PHOTOGRAPHY REVIEW, the DIGITAL PHOTOGRAPHY REVIEW logo, DPREVIEW and DPREVIEW.COM and any other marks indicated on the Web Site are all trademarks of ours in the United States and/or other countries. Other www.dpreview.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ours. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Portions of this Web Site may publish readers' comments and opinion (notably the discussion forums). We do not assume or have any responsibility or any liability for the readers' comments or opinions, nor do we claim ownership or copyright that belongs to the original poster.
License and Web Site Access
We grant you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent or as expressly described in these Conditions of Use. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any reviews, product descriptions, or images; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the permission or license granted by us.
Linking to DPReview Articles:
You may not use any graphic or portion of graphic without our written permission. To inquire with the Web Site for such permission, please contact us. Nor may you use images of captures (either screen or window) of the Web Site's webpages.
Example of allowable links may be:
New digital camera from xyz company
Xyz company today announced their new camera, it's got 200 megapixels and a 40 times optical zoom, expected to be aimed at prosumer owners. - dpreview.com
[Read the news article over at dpreview.com]
Xyz Super SLR reviewed
DPReview.com has just posted its review of Xyz's Super SLR. With 150 megapixels and interchangeable lens mounts it's set to revolutionise digital photography for SLR lens owners. - dpreview.com
[Read the whole review over at dpreview.com]
"Hot linking" refers to the practice of inserting a link in a piece of HTML to an image on another server. Due to a recent rash of people using hot linking to our copyrighted images in numerous ways, such as on their own web pages, in articles, on commercial sites, and in ebay auctions, we have had to put a technical block on the serving of images from the Web Site. Images can now only be seen where they were intended, on pages within this Web Site. Hot linking takes server time, control, copyright and bandwidth away from the real users of this Web Site and we will not allow it. If you would like to use an image from the Web Site please contact us first and ask permission.
Your use of certain features on this Web Site may require you to create a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, suspend access to all or part of the Web Site, terminate accounts, or remove or edit content in our sole discretion. If you lose your password or your account ID, please visit this page to obtain a new password or recover your account ID.
Comments, Communications, Images and Other Content
The Web Site contains bulletin board services, buy/sell forums, news groups, forums, and other services, features, message or communication facilities on the Web Site (collectively the "Services") designed to enable you to communicate with others. You agree to use those Services only to submit or post messages and material that are proper and, when applicable, related to the particular Service, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise objectionable material of any kind. Content for the Services that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content for the Services. We reserve the right (but not the obligation) to remove or edit such content for the Services, but do not regularly review such posted content. We may terminate your access, or suspend access to all or part of the Web Site and/or Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Conditions of Use or other terms applicable to the Web Site or any services offered thereon, any applicable law, or is harmful to the interests of another user, service provider, or the Web Site.
You represent and warrant that you own or otherwise control all of the rights to the content for the Services that you post or upload; that such content is accurate; that use of such content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from such content you supply. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Web Site. You understand that we do not control, and are not responsible for, third party content made available through the Web Site.
We have the right but not the obligation to monitor and edit or remove any activity or content in connection with the Services. We take no responsibility and assume no liability for any content for the Services posted by you or any third party.
We acknowledge that, as between you and us, copyright and ownership of any uploaded image, forum posting, or other copyrightable content in connection with the Web Site remains yours. With respect to content for the Services you submit or make available for inclusion, and designate as Publicly Accessible for viewing or use on the Web Site, you grant us a license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Web Site for the purposes of providing the Services, promotional, and/or display activities. This license exists only for as long as your content for the Services remains on the Web Site. For your content for the Services that you post on the Web Site and designate for Private Access Only, the license grant to us referenced earlier in this paragraph shall not apply. For the purposes of this Conditions of Use, (a) "Publicly Accessible" shall mean all areas of the Web Site intended to be accessible to the general public, including (but not limited to): forum posts, images hosted in galleries and/or submitted to challenges, information marked as public in your user profile, blog posts and other articles; and (b) "Private Access Only" shall mean any images hosted in the Web Site's galleries that you have marked as 'private' using the permissions settings, any information in your Web Site profile marked as 'private', and the content of private messages between Web Site members.
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to the Web Site on behalf of others. To moderate demands on our resources, you may not use a Posting Agent to post content to the Web Site without express permission or license from us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Web Site to facilitate posting content on behalf of others, except with express permission or license from us.
Disclaimer of Warranties and Limitation of Liability
THE WEB SITE AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, ANY OF THE SERVICES OFFERED ON THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND THE SERVICES OFFERED ON THIS WEB SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS WEB SITE, OR CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THIS WEB SITE OR THE SERVICES OFFERED ON THIS WEB SITE, AT ANY TIME IN OUR SOLE DISCRETION
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEB SITE, SERVICES, ITS SERVERS, OR E-MAILS SENT FROM WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THIS WEB SITE OR ANY OF THE SERVICES OFFERED ON THIS WEB SITE WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR IMAGES OR ANY DATA, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THEWEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE CONDITIONS OF USE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Web Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us.
Any dispute or claim relating in any way to your use of the Web Site, goods, or services sold or distributed by or through the Web Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
b. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
c. You and the Web Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and the Web Site each waive any right to a jury trial. Both parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Modification and Severability
We reserve the right to make changes to the Web Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.