Welcome to SchoolPhotoDatabase.com and our website at www.schoolphotodatabase.com. These Terms and Conditions (these “Terms”) apply between you, the User of this website and SchoolPhotoDatabase.com, Pascal Smits of Maastricht, Netherlands (“SchoolPhotoDatabase.com”, “we”, “us”, or “our”) the operator(s) of this website.
Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our website. If you do not agree to be bound by these Terms, you should stop using our website immediately.
1. Intellectual Property
1.1. All Content included on our website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SchoolPhotoDatabase.com, our affiliates or other relevant third parties. By continuing to use our website you acknowledge that such material is protected by applicable intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from our website unless otherwise indicated on our website or unless given express written permission to do so by SchoolPhotoDatabase.com.
2. Information provided on our website
2.1. The information contained and accessed on our website is provided by SchoolPhotoDatabase.com for entertainment and informational purposes only.
2.2. The information provided is not intended to replace or serve as substitute for any professional service.
2.3. SchoolPhotoDatabase.com does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our website.
2.4. SchoolPhotoDatabase.com reserves the right to change, supplement or delete parts of the pages or the entire website without separate announcement or to discontinue the publication temporarily or permanently
2.5. All data is published conscientiously but without guarantee. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction, and translation, are reserved and require the written consent of SchoolPhotoDatabase.com. Unauthorized use, even of extracts, will be prosecuted.
2.6. Liability claims against SchoolPhotoDatabase.com, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of SchoolPhotoDatabase.com.
3.2. You agree that, if you have provided SchoolPhotoDatabase.com with personal data relating to a third party:
4. Acceptable Use
4.1. You agree not to use our website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use our website or Services in any way that could damage our website, Services, or general business of SchoolPhotoDatabase.com.
4.2. You further agree not to use our website or Services:
5.1. SchoolPhotoDatabase.com makes no warranty or representation that our website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
5.2. SchoolPhotoDatabase.com uses advertisement programs to help support and monetize the website. SchoolPhotoDatabase.com assumes no liability for goods or products purchased.
6. Availability of our website
6.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
6.2. SchoolPhotoDatabase.com accepts no liability for any disruption or non-availability of our website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
We may, in our sole discretion, suspend, restrict or terminate your use of our website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of our website or our or any third party's equipment or network is impaired by your use of our website; we have received a third party complaint which relates to your use or misuse of our website; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to our website.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, SchoolPhotoDatabase.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of our website, or any information contained therein. Users should be aware that they use our website and its Content at their own risk.
8.2. Nothing in these Terms excludes or restricts SchoolPhotoDatabase.com’s liability for death or personal injury resulting from any negligence or fraud on the part of SchoolPhotoDatabase.com.
9. No Waiver
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
11. Law and Jurisdiction
These Terms and the relationship between you and SchoolPhotoDatabase.com shall be governed by and construed in accordance with the Law of Netherlands and SchoolPhotoDatabase.com and you agree to submit to the exclusive jurisdiction of the Courts of Maastricht.
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