Terms of Use for WiiSii.com

We at WiiSii appreciate your interest in our site. We set forth the following terms of use to provide legal protection to you, us and others. The terms are important for you to read because you agree to be bound by them once you utilize the Site or any of its services.

WiiSii (a dba of Wine Country Photographers, LLC) operates this Site to provide online photography services, including storage, viewing, sharing, and printing of digital images. By accessing and using this Site, you agree to each of the terms and conditions set forth herein. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this Agreement. (WiiSii is also referred to in this agreement as "we" or "us".)

WiiSii reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth at the end of the agreement.

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the Content) solely for your non-commercial, personal purposes and/or to learn about WiiSii products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. WiiSii reserves complete title and full intellectual property rights in all Content, except the photographs of which copyright is maintained by others. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to WiiSii or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by WiiSii or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by WiiSii, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.

You agree and warrant that you have the right to (either through copyright or license) to use and reproduce the images you upload to the Site, such that the images may be downloaded and reprinted by third parties without violation of another's copyright in the images. You agree to indemnify and hold harmless WiiSii for any claims of copyright infringement arising from the images you upload to the Site.

2.1 Sample Pictures

WiiSii has included Sample Pictures on certain pages within the Site. You may download, reprint and manipulate the Sample Images, but you may not crop or change the composition of the image, or use the image for commercial purposes.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by WiiSii of the third party, the third-party web site, or the information contained therein. WiiSii is not responsible for the availability of any such web sites. WiiSii is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of WiiSii affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site

If you would like to link to the Site, you must follow WiiSii's link guidelines. Unless specifically authorized by WiiSii, you may not connect deep links to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Downloading Files

WiiSii cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Software

Any software available for download via the Site is the copyrighted work of WiiSii and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties

WIISII MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WIISII EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WIISII DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WIISII DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.

9. Limitation of Liability

IN NO EVENT WILL WIISII BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF WIISII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU UNDERSTAND AND AGREE THAT THE UPLOAD OR DOWNLOAD OF ANY IMAGES OR MATERIAL THROUGH WIISII IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT WIISII WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE ENTIRELY AND SOLELY RESPONSIBLE FOR MAINTAINING BACK-UPS OF YOUR DIGITAL MATERIAL AS WIISII DOES NOT GUARANTEE THAT UPLOADED MATERIAL WILL NOT BE LOST FROM THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WIISII'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. Privacy

Click here to see WiiSii's Privacy Policy.

11. User Conduct

You agree:

• to use the Site only for lawful purposes;
• not to upload to or in any way transmit images or information through WiiSii that is illegal, obscene, pornographic, harmful, an invasion of rights or otherwise objectionable;
• not to attempt to upload images or information to another user's account without express permission;
• not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content;
• not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you; and
• not to use the Site in any manner that might interfere with the rights of third parties.

12. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless WiiSii, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

13. Unsolicited Idea Submission Policy

WiiSii or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should WiiSii's business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to WiiSii or anyone at WiiSii. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of WiiSii, without any compensation to you; (2) WiiSii will have no obligation to return your idea to you or respond to you in any way; (3) WiiSii will have no obligation to keep your idea confidential; and (4) WiiSii may use your idea for any purpose whatsoever, including giving your idea to others.

However, WiiSii does welcome feedback regarding many areas of WiiSii's existing businesses that will help satisfy customer's needs, and feedback can be provided through the contact area on the Site. Any feedback you provide shall be deemed a Submission, which WiiSii is free to use without any risk of liability from you or third parties.

14. Password Security

If you register to become a WiiSii.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

15. Account Termination

WiiSii agrees to terminate your account upon receiving a request from you to do so. The request for termination must be submitted through the contact area of the Site. WiiSii also reserves the right to terminate your account or your access to the Site for any reason with or without cause at any time without prior notice.

16. WiiSii Acquisition or Merger

In the event that WiiSii's services and/or assets are acquired by or transferred to another company, you understand and agree that WiiSii may assign its rights under these Terms of Use to the transferee entity.

17. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by WiiSii of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. WiiSii therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. WiiSii does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, WiiSii's Privacy Policy, your use of the Site, any other WiiSii web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Any dispute arising hereunder shall be resolved through binding arbitration between the parties in California unless the all parties involved in the disagreement stipulate otherwise.

d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent, who can be reached copyrightreporting@WiiSii.com. You must provide our agent with the following information which may then be forwarded to the alleged infringer: (1) identification of the materially that alleges infringes on copyright; (2) your contact information; and (3) a statement that you have a good faith belief that use of material is not authorized. From this information, WiiSii may, but is not necessarily required to remove the offending material and/or terminate the account of the infringing member.

© Copyright 2007-2008 WiiSii Company. All rights reserved.

Date of Last Modification: April 13, 2008