Welcome to Pipe Yanguas Photography web site owned and operated by Pipe Yanguas
Photography, Inc.
IMPORTANT - BEFORE ACCESSING, OR USING ANY PART OF THIS SITE, YOU
SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS
TERMS OF SERVICE AGREEMENT (THE "TOS") CAREFULLY AS THEY GOVERN
YOUR ACCESS TO AND USE OF THIS SITE AND ANY SERVICES, PRODUCTS,
MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE
SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE "SITE"). PIPE
YANGUAS PHOTOGRAPHY IS WILLING TO LICENSE THE USE OF THE SITE TO YOU
ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS,
YOU ARE NOT GRANTED PERMISSION BY PIPE YANGUAS PHOTOGRAPHY TO
ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE
IMMEDIATELY.
TERMS AND CONDITIONS
1. LICENSE GRANT. This Site is provided by Pipe Yanguas Photography, Inc. This TOS
provides you, a "User", with a personal, revocable, limited, non-exclusive, royalty-free,
nontransferable license to use this Site conditioned on your continued compliance with the terms
and conditions of this TOS. You may print and download materials and information from this
Site solely for your personal use, provided that all hard copies contain all copyright and other
applicable notices contained in such materials and information. This TOS is a license and not an
assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred
to you. Accordingly, you expressly acknowledge and agree that Pipe Yanguas Photography
transfers no ownership or intellectual property interest in and to the Site to you or anyone else.
2. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you may not modify,
alter, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast,
transmit, reproduce, publish, remove or alter any proprietary notices or labels, license,
sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer
any right(s) in, or otherwise use in any manner not expressly permitted herein the Site.
Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other
automatic device, program, algorithm, or methodology, or any similar or equivalent manual
process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or
circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain
any materials, documents, or information through any means not purposely made available
through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or
any other systems or networks connected to the Site or to any Pipe Yanguas Photography server
or to any of the services offered on or through the Site, by hacking, password "mining," or any
other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on the Site or any
network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any
other user of or visitor to the Site, (v) take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Pipe Yanguas Photography's
systems or networks or any systems or networks connected to the Site, (vi) use any device,
software, or routine to interfere with the proper working of the Site or any transaction conducted
on the Site, or with any other person's use of the Site, and (vii) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any message or transmittal you send to
Pipe Yanguas Photography on or through the Site. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PRODUCTS, OR
MATERIALS PROVIDED BY PIPE YANGUAS PHOTOGRAPHY TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. Pipe Yanguas Photography reserves the right to bar any restricted activity.
3. USER OBLIGATIONS. By accessing, or using this Site, you represent that you are at least
eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete
information when submitting information or materials on this Site, including, without limitation,
when you provide information via a Site registration form. If you provide any false, inaccurate,
untrue, or incomplete information, Pipe Yanguas Photography reserves the right to terminate
your access and use of this Site. In addition, you agree to abide by all applicable local, state,
national, and international laws and regulations with respect to your use of this Site and agree not
to interfere with the use and enjoyment of this Site by other Users and Pipe Yanguas
Photography's operation or management of this Site. Moreover, you agree not to impersonate any
other person or entity, whether actual or fictitious, including impersonating an employee or
representative of Pipe Yanguas Photography, when using this Site.
4. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs,
sounds, artwork, computer code (including html code), programs, software, products,
information, and documentation as well as the design, structure, selection, coordination,
expression, "look and feel," and arrangement of any content contained on or available through
the Site, unless otherwise indicated, are owned, controlled, and licensed by Pipe Yanguas
Photography, Inc. and are protected by law including, but not limited to, United States copyright,
trade secret, patent, and trademark law, as well as other state, national, and international laws and
regulations. Except as expressly provided herein, Pipe Yanguas Photography, Inc does not grant
any express or implied right to you or any other person under any intellectual or proprietary
rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other
proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Pipe
Yanguas Photography, Inc actively and aggressively enforces its intellectual property rights to
the fullest extent of the law. This Site is Copyright ©2011-2018 Pipe Yanguas Photography, Inc.
All rights reserved. Pipe Yanguas Photography also owns a copyright in the contents of the Site
as collective work and/or compilation and in the selection, coordination, arrangement, and
enhancement of the content of this Site. Any downloadable or printable information, or materials
available through this Site and all copyrights, trade secrets, and know-how related thereto, unless
otherwise indicated, are owned by Pipe Yanguas Photography Inc. Pipe Yanguas Photography,
the Pipe Yanguas Photography logo, and all other names, logos, and icons identifying Pipe
Yanguas Photography and its products and services are proprietary trademarks of Pipe Yanguas
Photography, and any use of such marks without the express written permission of Pipe Yanguas
Photography is strictly prohibited. Other product and company names mentioned herein may be
the trademarks and/or service marks of their respective owners.
5. PURCHASES; OTHER TERMS AND CONDITIONS. Additional terms and conditions may
apply to the purchase of goods or services or to specific portions or features of the Site, all of
which are made a part of this TOS by this reference. You agree to abide by such other terms and
conditions, including where applicable representing that you are of sufficient legal age to use or
participate in such service or feature. If there is a conflict between this TOS and the terms posted
for or applicable to a specific portion of the Site, including any areas to enable any service
offered on or through the Site, the latter terms shall control with respect to your use of that
portion of the Site or the specific service. Pipe Yanguas Photography's obligations, if any, with
respect to its products and/or services are governed solely by the agreements pursuant to which
they are provided, and nothing on this Site should be construed to alter such agreements.
6. PRIVACY POLICY. Pipe Yanguas Photography considers your personal identifying
information to be private and operates this Site by keeping any collected personal identifying
information confidential. Nevertheless, you understand, acknowledge, and agree that the
operation of certain portions of the Site requires the submission, use, and dissemination of
various personal identifying information. Accordingly, if you wish to access and use those areas
of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of
Pipe Yanguas Photography's personal identifying information collection and use practices. Please
see Pipe Yanguas Photography's Privacy Policy for a summary of Pipe Yanguas Photography's
personal identifying information collection and use practices.
7. PASSWORD POLICY. Use of the "Members-Only" portion of the Site requires both log-in
information and a password. If you are a member of Pipe Yanguas Photography, you may access
the Members-Only portion of the Site by using your e-mail address as the log-in ("User I.D.").
During the registration process for this Site, you choose a unique sign-on password ("Password")
to become a User of this Site and gain access to restricted areas of this Site. One User can only
use one User I.D. and corresponding Password. Anyone with knowledge of both your User I.D.
and Password can gain access to the restricted portions of this Site. Accordingly, by using this
Site, you agree to keep your Password secret. In particular, you agree to be solely responsible for
the confidentiality and use of your Password as well as for any communication or interaction
entered through the Site when using your Password. You also agree not to use another User's
Password. You will immediately notify Pipe Yanguas Photography if you become aware of any
loss or theft of your Password or any unauthorized use of your Password. Pipe Yanguas
Photography cannot and will not be liable for any loss or damage arising from your failure to
comply with these obligations. Pipe Yanguas Photography reserves the right to delete or change a
Password at any time and for any reason.
8. RESPONSIBILITY FOR USE. Use of the Internet and this Site is solely at your own risk and
is subject to all applicable local, state, national, and international laws and regulations. While
Pipe Yanguas Photography has endeavored to create a secure and reliable Site, you should
understand that the confidentiality of any communication or material transmitted to/from the Site
over the Internet or other global communication network cannot be guaranteed. Moreover, you
understand that the technical processing and transmission of the Site may involve transmission
over various networks. Accordingly, Pipe Yanguas Photography is not responsible for the
security of any information transmitted via the Internet, the accuracy of the information
contained on the Site, or for the consequences of any reliance on such information. You assume
sole and complete risk for using this Site and must make your own determination as to these
issues.
9. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site
may result in criminal and/or civil prosecution, including, without limitation, punishment under
the Computer Fraud and Abuse Act of 1986. Pipe Yanguas Photography reserves the right to
view, monitor, and record activity on the Site without notice or permission from you. Any
information obtained by monitoring, reviewing, or recording is subject to review by law
enforcement organizations in connection with investigation or prosecution of possible criminal
activity on the Site. Pipe Yanguas Photography will also comply with all court orders involving
requests for such information. In addition to the foregoing, Pipe Yanguas Photography reserves
the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation
of or access to the Site, or any portion of the Site, for any reason.
10. POSTINGS. This Site may contain message boards, e-mail, and other interactive features
where Users can share knowledge, experiences and other helpful information. To the extent that
the Site contains bulletin boards, message boards, message areas, blogs, platforms, question/
answer areas, or other communication forums (collectively, "forums"), you agree that by using
the Site you will not post or transmit any of the following materials on the Site's forums:
• anything, which interferes with or disrupts the Site or the operation thereof,
• statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes
on the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual
property rights, trade secrets, or privacy of another,
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that is bigoted, hateful, or racially offensive,
• statements or material that encourages criminal conduct or that would give rise to civil liability
or otherwise violates any law or regulation in any jurisdiction,
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable
language or images that typically would not be considered socially or professionally responsible
or appropriate in person,
• statements or material that harms minors,
• statements or material that impersonates any other person or entity, whether actual or fictitious,
including employees and representatives of Pipe Yanguas Photography,
• statements or material that misrepresents your affiliation with any entity and/or Pipe Yanguas
Photography,
• anything that violates the privacy rights of any other person,
• chain letters or pyramid schemes,
• statements or material that constitutes junk mail, spam, or unauthorized advertising or
promotional materials,
• statements or material that are "off-topic" for a designated forum,
• statements or material that solicits or encourages Users to become affiliated or do business with
competitors of Pipe Yanguas Photography, and
• files that contain malicious code, viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer, network, or this Site.
As message areas are public, the User experience is enhanced if people follow certain guidelines
in addition to the prohibitions noted above. Use netiquette. Be succinct and stay on topic within a
particular forum. Remember to respect others and their opinions. Pipe Yanguas Photography
encourages open and sincere communication, but urges all Users to remember that message areas
are intended to be a resource for all.
11. NO PRE-SCREENING OF POSTINGS. Pipe Yanguas Photography is not responsible for
screening, policing, editing, or monitoring your, another User's, or other third party content
posted to Site forums, and Pipe Yanguas Photography is not a publisher of such postings.
Nevertheless, Pipe Yanguas Photography reserves the right to delete or take other action with
respect to postings that Pipe Yanguas Photography believes in good faith violate this TOS and/or
are potentially unlawful. If you violate this TOS, Pipe Yanguas Photography may, in its sole
discretion, issue you a warning and/or terminate your use of the Site. Moreover, it is a policy of
Pipe Yanguas Photography to take appropriate actions under the Digital Millenium Copyright
Act and other applicable intellectual property laws. If you become aware of postings that violate
these rules regarding acceptable behavior or content, you may contact
.(JavaScript must be enabled to view this email address).
12. NO ENDORSEMENT OF OR RESPONSIBILITY FOR POSTINGS. You must use your
best judgment and reasonable caution in evaluating all User or third party postings or other
content (including information and opinions posted by others to message areas) on the Site. Pipe
Yanguas Photography does not endorse, oppose, or edit any opinion or information provided by a
User or third party, with the exception of removing temporarily or deleting what appears to be
potentially unlawful content or content otherwise prohibited under this TOS. Pipe Yanguas
Photography does not make any representation with respect to, nor does it endorse the accuracy,
completeness, timeliness, or reliability of any advice, opinion, statement, or other material
displayed, uploaded, distributed by any User of, or third party contributing materials to, this Site.
13. PERMISSION TO USE POSTINGS. By submitting information, content, and materials to a
message area or other portion of this Site or by otherwise using the Site to transmit information,
content, and materials, you automatically grant Pipe Yanguas Photography a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, redistribute, transmit, perform, and display
such information, content, and materials (in whole or in part) worldwide and/or to incorporate
into other works in any form, media, or technology now known or later developed for the full
term of any rights that may exist in such information, content, and materials. You also
acknowledge that such submissions are non-confidential for all purposes. Notwithstanding this
right and license, it is understood that by merely permitting your information, content, and
materials to appear on this Site, Pipe Yanguas Photography has not become and is not a publisher
of such information, content, and materials.
14. SUBMISSIONS. Pipe Yanguas Photography welcomes your feedback and suggestions about
how to improve this Site. By transmitting any suggestions, information, material, or other
content (collectively, "feedback") to Pipe Yanguas Photography, you represent and warrant that
such feedback does not infringe the intellectual property or proprietary rights of any third party
(including, without limitation, patents, copyrights, or trademark rights) and that you have all
rights necessary to convey such feedback to Pipe Yanguas Photography. In addition, any
feedback received through this Site will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for Pipe Yanguas Photography to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and
display (in whole or in part) worldwide, or act on such feedback without additional approval or
consideration, in any form, media, or technology now known or later developed for the full term
of any rights that may exist in such content, and you hereby waive any claim to the contrary.
15. MESSAGE STORAGE. Pipe Yanguas Photography assumes no responsibility for the
deletion of or failure to store any message.
16. THIRD PARTY PRODUCTS/SERVICES. You acknowledge and agree that this Site may
feature materials, products, and services provided by third parties. Pipe Yanguas Photography
makes no representations with respect to, nor does it guarantee or endorse, the quality, noninfringement,
accuracy, completeness, timeliness, reliability, or correct sequencing of such third
party materials, products, and services or any other materials, products, and services which such
third party materials, products, and services may access. Pipe Yanguas Photography expressly
disclaims responsibility and liability for all third party provided materials, products, and services
contained on or accessed through the Site.
17. ADVERTISERS ON THIS SITE. Pipe Yanguas Photography, in its sole discretion, may post
the advertisements of third parties on this Site. Your correspondence or any other dealings with
advertisers found on this site are solely between you and such advertiser. You agree that Pipe
Yanguas Photography shall not be responsible for any loss or damage of any sort incurred as a
result of any such dealings or as the result of the presence of such advertisers on this Site.
Moreover, Pipe Yanguas Photography shall not be responsible or liable for the statements or
conduct of any third party on this Site.
18. LINKS TO OTHER SITES. Pipe Yanguas Photography may provide links, in its sole
discretion, to other sites on the World Wide Web for your convenience in locating related
information, products, and services. These sites have not necessarily been reviewed by Pipe
Yanguas Photography and are maintained by third parties over which Pipe Yanguas Photography
exercises no control. Accordingly, Pipe Yanguas Photography expressly disclaims any
responsibility for the content, the materials, the accuracy of the information, and/or quality of the
products or services provided by or advertised on these third party web sites. Moreover, these
links do not imply an endorsement with respect to any third party or any web site or the products
or services provided by any third party.
19. LINKS TO THIS SITE. Pipe Yanguas Photography encourages and permits text links to this
Site and its content. Pipe Yanguas Photography is an organization committed to the highest ethics
and standards and therefore, any links to this Site should not suggest that Pipe Yanguas
Photography promotes or otherwise endorses any third party products, services, causes,
campaigns, websites, content, or information. Moreover, no link may be used for commercial or
fundraising purposes. Pipe Yanguas Photography also reminds you that a link may not use or
include any Pipe Yanguas Photography logos, content, or designs without the express written
consent of Pipe Yanguas Photography, Inc.
20. EVENTS BEYOND PIPE YANGUAS PHOTOGRAPHY'S CONTROL. You expressly
absolve and release Pipe Yanguas Photography from any claim of harm resulting from a cause
beyond Pipe Yanguas Photography's control, including, but not limited to, failure of electronic or
mechanical equipment or communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or
natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
21. LIMITATION OF LIABILITY. IN NO EVENT SHALL PIPE YANGUAS
PHOTOGRAPHY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS
SITE, OR FOR ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS
AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION
OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF PIPE YANGUAS PHOTOGRAPHY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PIPE YANGUAS
PHOTOGRAPHY FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE
SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PIPE YANGUAS
PHOTOGRAPHY IN CONNECTION WITH THE SUBJECT MATTER OF THE
PARTICULAR DISPUTE.
22. INDEMNITY. You agree to defend, indemnify, and hold harmless Pipe Yanguas Photography
and its affiliates and all of their employees, agents, directors, officers, proprietors, partners,
representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and
against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys' fees and litigation expenses), relating to or arising from your use
of the Site and any breach by you of this TOS.
23. TERM AND TERMINATION. This TOS will take effect at the time you begin accessing, or
using this Site, whichever is earliest. Pipe Yanguas Photography reserves the right at any time
and for any reason to deny you access to the Site or to any portion thereof and to terminate this
TOS. This TOS will terminate automatically if you fail to comply with the limitations described
herein. Termination will be effective without notice. You may terminate at any time by ceasing to
use the Site, but all applicable provisions of this TOS will survive termination, as outlined below.
Upon termination, you must destroy all copies of any aspect of the Site in your possession.
24. SURVIVABILITY. The provisions concerning proprietary and intellectual property rights,
permission to use postings, submissions, events beyond Pipe Yanguas Photography's control,
confidentiality, indemnity, representations and warranties, disclaimers of warranty and liability,
availability of records, admissibility of this TOS, termination, and governing law will survive the
termination of this TOS for any reason.
25. WAIVER. Failure to insist on strict performance of any of the terms and conditions of this
TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver
by Pipe Yanguas Photography of any right under this TOS will be deemed to be either a waiver
of any other right or provision or a wavier of that same right or provision at any other time.
26. ADMISSIBILITY. A printed version of this TOS and of any related notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
TOS to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
27. SEVERABILITY. If any part of this TOS is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most clearly matches the intent of the original
provision and the remainder of this TOS shall continue in effect.
28. RELATIONSHIP OF PARTIES. No joint venture, partnership, employment, or agency
relationship exists between you and Pipe Yanguas Photography as result of this TOS or your
utilization of this Site.
29. RESERVATION OF RIGHTS. Any rights not expressly granted by Pipe Yanguas
Photography, Inc herein are reserved.
30. ENTIRE AGREEMENT. This TOS, Pipe Yanguas Photography's Privacy Policy, and any
related or associated service or software license agreements, which are all hereby incorporated
by reference as if set forth fully herein, represent the entire agreement between you and Pipe
Yanguas Photography with respect to use of the Site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between
you and Pipe Yanguas Photography with respect to this Site. Please note that Pipe Yanguas
Photography reserves the right to change the terms and conditions of this TOS and under which
this Site and its many offerings are extended to you by posting a revised TOS and mailing notice
thereof to you. In addition, Pipe Yanguas Photography may add or delete any aspect of this Site.
Your continued use of this Site following any change will be conclusively deemed acceptance of
any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at
this location on a periodic basis.
31. RETURN & REFUND POLICY - 110% GUARANTEE. At PipeYanguas Photography Inc.
your satisfaction is 110% guaranteed. If you are ever dissatisfied with your product for any
reason, we will provide you with a full replacement or a full refund, plus 10% off your next
order. Please contact us to arrange a refund or replacement following the instructions below. If
you request a refund, it will be credited to the credit card currently listed in your PipeYanguas
Photography account. If you request a replacement, we'll arrange for you to reorder the original
items at no charge. We cannot re-submit or re-create orders. In the case of a replacement or a
refund, we will also notify you with instructions on how to use your additional 10% discount
towards a future order. Please contact .(JavaScript must be enabled to view this email address) to request a refund or
replacement for items mailed to your home.
32. CONTACT INFORMATION. If you have questions regarding this Site or if you are
interested in obtaining more information concerning Pipe Yanguas Photography and its products
or services or permission to use any Pipe Yanguas Photography content, please contact Pipe
Yanguas Photography at .(JavaScript must be enabled to view this email address). |
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