Terms of Use

PhotoWings Terms of Use

Last Modified: October 23, 2012

Acceptance of the Terms of Use

Welcome to the website of PhotoWings (“PhotoWings”, “we” or “us”). The following terms
and conditions (together with any documents referred to in them) (collectively, these “Terms
of Use”) apply to your use of www.photowings.org, including any content, functionality and
services offered on or through www.photowings.org (the “Site”).

Please read the Terms of Use carefully before you start to use the site. By using the Site, you
accept and agree to be bound and abide by these Terms of Use and our Privacy Policy,
found here, incorporated here by reference. If you do not want to agree to these
Terms of Use or the Privacy Policy, you must exit the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are
expected to check this page from time to time to take notice of any changes we made, as they are
binding on you. Your continued use of the Site following the posting of revised Terms of Use
means that you accept and agree to the changes.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on
the Site, in our sole discretion without notice. We will not be liable if for any reason all or any
part of the Site is unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Site.

You are responsible for ensuring that all persons who access the Site through your internet
connection are aware of these Terms of Use, and that they comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Site that all the
information you provide on the Site is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information
as part of our security procedures, you must treat such information as confidential, and you
must not disclose it to any third party. You agree to immediately notify PhotoWings of any
unauthorized use of your user name or password or any other breach of security. You also agree
to ensure that you exit from your account at the end of each session. You should use particular
caution when accessing your account from a public or shared computer so that others are not able
to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you
or provided by us, at any time in our sole discretion for any or no reason, including, if in our
opinion, you have failed to comply with any provision of these Terms of Use.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by PhotoWings, its licensors or other providers of such material
and are protected by United States and international copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws.

You are permitted to use the Site for your personal, non-commercial use only. You must
not copy, modify, create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our site, except to:

Store copies of such materials temporarily in RAM.

Store files that are automatically cached by your Web browser for display enhancement
purposes.

Print a reasonable number of pages of the Site for a permitted use.

You must not:

Modify copies of any materials from this site.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of
materials from this site.

You must not reproduce, sell or exploit for any commercial purposes any part of the Site, access
to the Site or use of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please
address your request to: [E-MAIL ADDRESS].

If you print, copy, modify, download or otherwise use any part of the Site in breach of the Terms
of Use, your right to use the Site will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title or interest in or to the Site or
any content on the site is transferred to you, and all rights not expressly granted are reserved by
PhotoWings. Any use of the Site not expressly permitted by these Terms of Use is a breach of
these Terms of Use and may violate copyright, trademark and other laws.

PhotoWings Trademarks

The PhotoWings name, the PhotoWings logo and all related names, logos, product and service
names, designs and slogans are trademarks of PhotoWings or its affiliates or licensors. You must

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not use such marks without the prior written permission of PhotoWings. All other names, brands
and marks are used for identification purposes only and are the trademarks of their respective
owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You
agree not to use the Site:

In any way that violates any applicable federal, state, local and international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the
US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally identifiable information or
otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not
comply with the Content Standards set out in these Terms.

To transmit, or procure the sending of, any advertising or promotional material without our
prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar
solicitation.

To impersonate or attempt to impersonate PhotoWings or a PhotoWings employee, another user,
or person or entity (including, without limitation, the use of e-mail addresses or screen names
associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site,
or which, as determined by us, may harm PhotoWings or users of the Site or expose them to
liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party’s use of the Site, including their ability to engage in real time activities
through the Site.

Use any robot, spider or other automatic device, process or means to access the Site for any
purpose, including to monitor or copy any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other
unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or
technologically harmful.

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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site,
the server on which the Site is stored, or any server, computer or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may now or in the future contain forums and other interactive features
(collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit
to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on
or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-
proprietary, and we have the right to use, copy, distribute and disclose to third parties any such
material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and
have the right to grant PhotoWings and its affiliates the license granted above.

You represent and warrant that all of your User Contributions do and will comply with these
Terms of Use, and you agree to defend, indemnify and hold harmless PhotoWings and its
affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you
submit or contribute, and you, not PhotoWings, have fully responsibility for such content,
including its legality, reliability, accuracy and appropriateness.

Any content and/or opinions uploaded, expressed or submitted to the Site, and all articles and
responses to questions and other content, other than the content provided by PhotoWings, are
solely the opinions and the responsibility of the person or entity submitting them and do not
necessarily reflect the opinion of PhotoWings. We are not responsible, or liable to any third
party, for the content or accuracy of any materials posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in
our sole discretion if we believe that such User Contribution violates the Terms of Use, including
the Content Standards, infringes any intellectual property right or other right, threatens the
personal safety of users of the Site and the public or could create liability for PhotoWings.

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Disclose your identity to any third party who claims that material posted by you violates their
rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Site.

Terminate your access to all or part of the Site for any or no reason, including without limitation,
any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity of anyone posting
any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PHOTOWINGS
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PHOTOWINGS
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PHOTOWINGS OR
LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, we assume no liability
for any action or inaction regarding transmissions, communications or content provided by
any user or third party. We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in this paragraph.

Content Standards

These content standards apply to any and all User Contributions and Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state, local and
international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any
other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or regulations
or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or
annoy any other person.

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Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions,
barter or advertising.

Give the impression that they emanate from us or any other person or entity, if this is not the
case.

Copyright Infringement

General. PhotoWings respects the rights of copyright owners and expects Users of the Service
to do the same. Therefore, infringing content may not be submitted to the Service or used, in
whole or in part, in any User Contributions. If you upload User Contributions that contain
any copyrighted work, including literary works, musical works, or sound recordings, or any
combination thereof, then you must be the owner of such works or have all required rights,
licenses, consents, and permissions to use such works on the Service and grant the rights to any
third parties, including PhotoWings and any other Users, contained in these Terms. In addition to
being grounds for removal of your User Submissions, termination of your account, and any other
remedy PhotoWings may have against you, your failure to own or obtain such rights may subject
you to civil and/or criminal liability, the damages for which can be significant.

Copyright Owner Rights. If you are a copyright owner or an agent thereof, and you believe
any content submitted to and hosted on the Service infringes your copyrights, then you may
submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing
PhotoWings’s designated copyright agent with the following information in writing:

(i)
a physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;

(ii)

A description of the copyrighted work that you claim has been infringed;

(iii)

A description of where the material that you claim is infringing is located

on the Service;

(iv)
The address, telephone number, and/or electronic mail address at which
the complaining party may be contacted;

(v)
A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner, its agent, or
the law; and

(vi)
a statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.

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It is PhotoWings’s policy to respond to notices of alleged infringement that comply with the
DMCA. In addition, PhotoWings will promptly terminate without notice the accounts of Users
that are determined by PhotoWings to be “repeat infringers.” If PhotoWings receives more than
three takedown notices regarding a User’s User Submissions, then that User will be considered a
repeat infringer and their account will be terminated.

PhotoWings’s designated copyright agent to receive notifications and counter-notifications of
claimed infringement can be reached as follows: 1770 Pacific Avenue, #404, San Francisco, CA
94109 or by electronic mail at info@photowings.org.

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT
INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED
ELSEWHERE ON THE SERVICE.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any other visitor to
the Site, or by anyone who may be informed of any of its contents.

Changes to the Site

We may update the Site from time to time, but its content is not necessarily complete or up-to-
date. Any of the material on the Site may be out of date at any given time, and we are under no
obligation to update such material. We may change the Site at any time with or without notice.
We may suspend access to the Site, or close it indefinitely.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you
consent to all actions taken by us with respect to your information in compliance with the
Privacy Policy. You represent and warrant that all data provided by you is accurate.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third party Sites linked to this Site, you do so
entirely at your own risk and subject to the terms and conditions of use for such Sites.

Geographic Restrictions

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The owner of the Site is based in the state of California in the United States. We provide this Site
for use only by persons located in the United States. We make no claims that the Site or any of
its content is accessible or appropriate outside of the United States. Access to the Site may not
be legal by certain persons or in certain countries. If you access the Site from outside the United
States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Site will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining
a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA
OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING
OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PHOTOWINGS NOR
ANY PERSON ASSOCIATED WITH PHOTOWINGS MAKES ANY WARRANTY
OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT
LIMITING THE FOREGOING, NEITHER PHOTOWINGS NOR ANYONE ASSOCIATED
WITH PHOTOWINGS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS.

PHOTOWINGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR PARTICULAR PURPOSE.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL PHOTOWINGS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES
LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless PhotoWings, its affiliates and licensors and
their respective officers, directors, employees, contractors, agents, licensors and suppliers from
and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees
(including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your
use of the Site, including, without limitation, any use of the Site’s content, services and products
other than as expressly authorized in these Terms of Use or your use of any information obtained
from the Site.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject
matter or their formation (in each case, including non-contractual disputes or claims) shall be
governed by and construed in accordance with the internal laws of the State of California without
giving effect to any choice or conflict of law provision or rule (whether of the State of California
or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site
shall be instituted exclusively in the federal courts of the United States or the courts of the State
of California in each case located in the City and County of San Francisco although we retain the
right to bring any suit, action or proceeding against you for breach of these Terms of Use in your
country of residence or any other relevant country. You agree to waive any and all objections to
the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE
OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Use by PhotoWings shall be deemed a further or continuing waiver
of such term or condition or any other term or condition, and any failure of PhotoWings to
assert a right or provision under these Terms of Use shall not constitute a waiver of such right or
provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will continue in full
force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between
you and PhotoWings with respect to the Site and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and oral, with respect
to the Site.

Your Comments and Concerns

This Site is operated by PhotoWings , 1770 Pacific Avenue, #404, San Francisco, CA 94109

All other feedback, comments, requests for technical support and other communications relating
to the Site should be directed to: info@photowings.org.

Thank you for visiting the Site.

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