Terms & Conditions

1. LAWS AND REGULATIONS
   User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

    

2. COPYRIGHT/TRADEMARKS
   The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Photoart by Zes and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Photoart by Zes or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes without first obtaining written permission from Photoart by Zes..

    

3. HYPERLINKING
   THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). PHOTOART BY ZES HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT PHOTOART BY ZES HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND PHOTOART BY ZES URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

    

4. NO WARRANTIES
   ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OBTAINED FROM PHOTOART BY ZES OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
   
   PHOTOART BY ZES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN PHOTOART BY ZES, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
   
   OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL PHOTOART BY ZES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM SERVICES PROVIDED BY PHOTOART BY ZES, OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM PHOTOART BY ZES OR FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM SERVICES PROVIDED BY PHOTOART BY ZES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

    

5. LIMITATION OF LIABILITY FOR USE OF THE SERVICES, SITE AND LINKED SITES
   THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PHOTOART BY ZES SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. PHOTOART BY ZES DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. PHOTOART BY ZES IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. PHOTOART BY ZES MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. PHOTOART BY ZES MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

   YOU AGREE THAT PHOTOART BY ZES, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES PROVIDED BY PHOTOART BY ZES, OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, SERVICES OR A LINKED SITE, EVEN IF PHOTOART BY ZES IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PHOTOART BY ZES CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

    

6. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE
   YOU AGREE THAT PHOTOART BY ZES IS A MERE AGENT FOR THE PROVIDERS OF THIRD-PARTY SERVICES AVAILABLE THROUGH THE SITE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. PHOTOART BY ZES HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SUPPLIER AND YOU HEREBY EXONERATE PHOTOART BY ZES FROM ANY LIABILITY WITH RESPECT TO THE SAME.

    

7. CONFIDENTIALITY OF USER COMMUNICATIONS
   Except as required by law and in accordance with the Photoart by Zes Privacy Statement, [view Photoart by Zes Privacy Statement ] Photoart by Zes will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Photoart by Zes. Postings by a user on any message board, Best Practices page, or in any chat room will not be protected as confidential and Photoart by Zes may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by Photoart by Zes.

   User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Photoart by Zes is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

    

8. LINKED INTERNET SITES
   Photoart by Zes prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Photoart by Zes reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk.

   User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Photoart by Zes is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

    

9. FORWARD LOOKING INFORMATION
   Certain information on this Site contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. Photoart by Zes undertakes no obligation to update publicly or revise any forward-looking statements.

    

10. PRESS RELEASES
    All press releases and other materials presented or released to the Public Domain that are contained on the Site were, to the best of Photoart by Zes' knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Photoart by Zes has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.

     

11. POSTINGS
    [For use in connection with message boards or chat rooms on the Site.] Photoart by Zes is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Photoart by Zes may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:

- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

- Advertisements or solicitations of any kind.

- Messages posted by users impersonating others.

- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

- Messages by non-spokesperson employees of Photoart by Zes purporting to speak on behalf of Photoart by Zes or containing confidential information or expressing opinions concerning Photoart by Zes.

- Messages that offer unauthorized downloads of any copyrighted or private information.

- Multiple messages placed within individual folders by the same user restating the same point.

- Chain letters of any kind.

12. TRANSMISSION AND USE OF PERSONAL DATA
    User acknowledges and agrees that by providing Photoart by Zes with any personal or proprietary user information through the Site, user consents to the transmission and use of such personal or proprietary user information over international borders as necessary for processing in accordance with Photoart by Zes' standard business practices.

User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Photoart by Zes is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

13. CHANGES TO RULES AND REGULATIONS
    Photoart by Zes reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.

     

14. VIOLATIONS OF RULES AND REGULATIONS
    Photoart by Zes reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.

     

15. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
    Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

     

16. USE OF "COOKIE" FILE FEATURES
    Photoart by Zes reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. The Photoart by Zes Internet Privacy Statement provides additional information regarding Photoart by Zes' use of cookies as well as procedures for disabling cookies.

17. JURISDICTION/GOVERNING LAW
    [For United States based sites only]

    Users of this Site agree to submit to the laws of the State of Texas, USA and applicable federal law without regard to conflicts of laws principles.