Terms & Conditions

Terms & Conditions

Last Updated: November 26, 2016
TERMS OF USE

USE OF THIS WEBSITE MEANS YOU AGREE TO THE FOLLOWING terms of use (“TERMS OF USE”). THIS AGREEMENT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR DOWNLOADING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS DESCRIBED BELOW.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS ANY PORTIONS OF THE WEBSITE OR USE ANY SERVICES OFFERED ON THE WEBSITE.

Kaiyva, LLC d/b/a Diversity Photos (“Diversity Photos”) may revise and update these Terms of Use at any given time without notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms of Use when you visit the Website.

These terms of use (“Terms of Use”) apply to your use of this website (the “Website”), and do not alter in any way the terms or conditions of any other agreement you may have with Diversity Photos, its subsidiaries or affiliates. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify Diversity Photos for violations of these Terms of Use.

 

PRIVACY POLICY

Diversity Photos is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

OWNERSHIP OF THE WEBSITE AND ITS CONTENTS

This Website is owned by Diversity Photos, LLC. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, clipart, animation, and software (“Diversity Photos Content”), is owned by Diversity Photos, its licensors, or its third-party image partners.

You acknowledge and agree that no ownership of any Content can be transferred, and that no sale of any Content can be effectuated on or through the Website. Only the rights expressly sublicensed hereunder are granted on or through the Website. You acknowledge and agree that Diversity Photos or its licensors retain all ownership rights in and to the Content, and that such Content are covered and protected by copyright, trademark and other intellectual property rights of Diversity Photos or its licensors.

The design, layout and all elements of the Website, including the Diversity Photos Content, are protected by United States and International law and other intellectual property and proprietary rights and may not be copied or imitated in whole or in part.

 

USE OF THE WEBSITE

This Website and the Diversity Photos Content are intended for customers of Diversity Photos. You may not use this Website or the Diversity Photos Content for any purpose not related to your business with Diversity Photos. You are specifically prohibited from:

(a) downloading, copying, or re-transmitting any or all of the Website or the Diversity Photos Content without, or in violation of, a written license or agreement with Diversity Photos;

(b) using any data mining, robots or similar data gathering or extraction methods;

(c) manipulating or otherwise displaying the Website or the Diversity Photos Content by using framing or similar navigational technology;

(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Diversity Photos product or service if you are not expressly authorized by such party to do so; and

(e) using the Website or the Diversity Photos Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

 

RESTRICTIONS

You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.

You shall not post onto the Website, or use the Website to transfer, any material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.

You shall not upload or post onto the Website, or use the Website to transfer, any material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by Diversity Photos on or through the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person’s or entity’s use of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to any identifying information for your Membership Account.

You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used.

 

COPYRIGHT INFRINGEMENT POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Diversity Photos has adopted a policy of terminating, in appropriate circumstances and at Diversity Photos’ sole discretion, account holders who infringe the intellectual property rights of Diversity Photos or any third party.

 

NOTIFICATION OF CLAIMS INFRINGEMENT

If you are a copyright owner or an agent thereof and believe that any Content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Diversity Photos to locate the material;

iv. Information reasonably sufficient to permit Diversity Photos to contact you, such as an address, telephone number, and, if available, an electronic mail address;

v. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Diversity Photo’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Kaiyva, LLC, doing business as Diversity Photos, address: Diversity Photos 4325 1st Ave, PO Box #766, Tucker, GA 30084, email: copyright@diversityphotos.com and +1.404.997.2278. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to support@diversityphotos.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

 

TRADEMARKS

Diversity Photos Trademarks, the Diversity Photos logo, and any other product or service name or slogan contained in the Website are trademarks of Diversity Photos and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Diversity Photos or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Diversity Photos” or any other name, trademark or product or service name of Diversity Photos without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

LINKS

You may not use a Diversity Photos logo or other proprietary graphic of Diversity Photos to link to this Website without the express written permission of Diversity Photos. Further, you may not frame any Diversity Photos trademark, logo or other proprietary information, including the Diversity Photos Content, without Diversity Photos’ express written consent.

Diversity Photos makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such websites are not under the control of Diversity Photos and Diversity Photos is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Diversity Photos provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Diversity Photos of any website or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.

Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Diversity Photos shall not bear any liability in case of any damages or losses, direct or indirectly, due to any linked resources or to the use or the reliance upon any information, contents or services available from third party sites.

 

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Diversity Photos immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

 

MANAGEMENT AND OPERATION OF THE WEBSITE

You acknowledge and agree that Diversity Photos has no obligation to review any Content or other material uploaded or posted onto the Website, and shall have no responsibility for any such Works or other material or content. If you post any material or content onto the Website, or any material or content is posted onto the Website using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such material or content.

Diversity Photos reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that Diversity Photos has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Diversity Photos). Diversity Photos reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.

You acknowledge and agree that Diversity Photos may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that Diversity Photos may also store personal information about you on its computers within or outside the U.S. By using this Website you acknowledge and agree that Diversity Photos may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any Content violates the rights of third-parties; or to protect the rights, property, or personal safety of Diversity Photos, its users or the general public.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Diversity Photos, its subsidiaries, affiliates, licensors, officers, directors, owners, representatives, employees, agents, third party information providers and independent contractors against any claims, damages, costs, losses, liabilities and expenses (including, but not limited to, attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Diversity Photos Content, or your violation of any rights of another.

 

DISCLAIMER

THIS WEBSITE AND THE DIVERSITY PHOTOS CONTENT ARE PROVIDED “AS IS” AND DIVERSITY PHOTOS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. DIVERSITY PHOTOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE DIVERSITY PHOTOS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT DIVERSITY PHOTOS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE DIVERSITY PHOTOS CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE DIVERSITY PHOTOS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Diversity Photos uses reasonable efforts to ensure the accuracy, correctness and reliability of the Diversity Photos Content, but we make no representations or warranties as to the Diversity Photos Content’s accuracy, correctness or reliability.

Diversity Photos offers a search feature within the Website. Diversity Photos explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Diversity Photos also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

 

Limitation of Liability

IN NO EVENT SHALL DIVERSITY PHOTOS, ITS MANAGERS, MEMBERS, DIRECTORS, CONTRIBUTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE DIVERSITY PHOTOS CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DIVERSITY PHOTOS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIVERSITY PHOTOS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIVERSITY PHOTOS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DIVERSITY PHOTOS FOR ACCESS TO OR USE OF THE WEBSITE.

 

APPLICABLE LAW AND VENUE

Any dispute relating in any way to your use of the Website or the Diversity Photos Content shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate Diversity Photos’ intellectual property rights, Diversity Photos may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.

TERMINATION

Notwithstanding any of these Terms of Use, Diversity Photos reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website. 

MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Diversity Photos. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. 

CONTACT US

Questions or comments about the Website or Terms of Use may be directed to Diversity Photos at support@diversityphotos.com