ACCEPTANCE OF TERMS The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Turquoise & Palm (www.colorstockgallery), located at P.O. Box 579, Mount Pleasant, South Carolina 29465, and our subsidiaries and affiliates, in association with the use of the website, which includes www.turquoiseandpalm.com (the”Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is an e-commerce website which is a stock photography subscription website. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications maybe made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Turquoise & Palm. At its discretion, Turquoise & Palm may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Turquoise & Palm does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Turquoise & Palm shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/ or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Turquoise & Palm shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Services under the laws and statutes of the United States or other applicable jurisdiction. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Turquoise & Palm will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Turquoise & Palm Services, or any portion thereof. It is Turquoise & Palm’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY After completion of the registration data and creation of your username, you will create your password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Turquoise & Palm immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Turquoise & Palm shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
INDEMNITY All users and/or members herein agree to insure and hold Turquoise & Palm, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from use of our Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
MODIFICATIONS Turquoise & Palm shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION As a member of www.turquoiseandpalm.com, you may cancel or terminate your account, associated email address and/or access to our Services by canceling through our website or submitting a cancellation or termination request to email@example.com. As a member, you agree that Turquoise & Palm may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any engagement by you in any fraudulent or illegal activities; and/or f) the nonpayment of any associated fees that may be owed by you in connection with your www.turquoiseandpalm.com account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with www.turquoiseandpalm.com shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within www.turquoiseandpalm.com; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services.
ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Turquoise & Palm shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS Either Turquoise & Palm or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Turquoise & Palm shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS You do hereby acknowledge and agree that Turquoise & Palm’s Services and any essential software (“Software”) that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Turquoise & Palm or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Turquoise & Palm Services (e.g. Content or Software), in whole or part. Turquoise & Palm herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the Content. You shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Content. Furthermore, you do herein agree not to alter or change the Content in any manner, nature or form, and as such, not to use any modified versions of the Content, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Turquoise & Palm for use in accessing our Services.
THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE Turquoise & Palm may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION You herein acknowledge, understand and agree that all of the Turquoise & Palm trademarks, copyright, trade name, service marks, and other Turquoise & Palm logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Turquoise & Palm. You herein agree not to display and/or use in any manner the Turquoise & Palm logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES Turquoise & Palm will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Turquoise & Palm may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) The physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf. The Turquoise & Palm Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Turquoise & Palm P.O. Box 579 Mount Pleasant, South Carolina 29465 Email: firstname.lastname@example.org
ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and Turquoise & Palm and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Turquoise & Palm Services.
CHOICE OF LAW AND FORUM Any dispute arising under or relating to the License or the Image may be resolved only through binding arbitration conducted in Charleston County, South Carolina under the then-applicable rules of the American Arbitration Association. Notwithstanding the foregoing, Licensor may apply to the state and federal courts of Charleston County, South Carolina for an injunction against any breach of this License or infringement of the original author’s or Licensor’s intellectual property rights, or any model’s rights of privacy and publicity, and such injunction may be enforced, and damages for violation recovered, in any jurisdiction world wide. Licensee agrees that any dispute-resolution proceeding will be conducted on an individual basis and not in a class, consolidated, or representative action.
WAIVER AND SEVERABILITY OF TERMS At any time, should Turquoise & Palm fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one (1) year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS Please report any and all violations of this TOS to Turquoise & Palm as follows:
Turquoise & Palm
Attn: Alli Elmunzer
P.O. Box 579
Mount Pleasant, South Carolina 29465