By using the 20x200.com web site ("20x200"), a service of 20x200, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").
General Terms
Violation of any of these agreements will result in the termination of your 20x200 account. While 20x200 prohibits such conduct and content on its site, you understand and agree that 20x200 is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the 20x200 service at your own risk.
General Conditions
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on 20x200 before you may become a member of 20x200. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.
20x200 may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on 20x200. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on August 20, 2005 for all users.
Membership Eligibility
20x200's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. 20x200's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended 20x200 members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use 20x200. Further, your 20x200 account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Release
In the event that you have a dispute with one or more users, you release 20x200 (and 20x200's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Usage Rights: Copyright of photograph(s) sold by 20x200 remains with the photographer at all times. Buyers may not reproduce purchased photographs without express permission from the original photographer.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on 20x200 shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items, this includes artists misrepresenting work as their own and buyers attempting to reporduce an artist's artwork.;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); 20x200 also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on 20x200 or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than 20x200's (this does not prevent linking to or advertising an 20x200 item from another web site); or
(dd) you do not have a right to link to or include.
Privacy
20x200 does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and 20x200 only uses your information as described in the Privacy Policy. 20x200 views protection of users' privacy as a very important community principle. 20x200 understands clearly that you and Your Information is one of 20x200's most important assets. 20x200 stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use 20x200's services.
No Warranty
20x200, 20x200S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND 20x200S SUPPLIERS PROVIDE 20x200S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. 20x200, 20x200S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND 20x200S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL 20x200, AND (AS APPLICABLE) 20x200S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR 20x200S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
20x200S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF 20x200S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO 20x200 IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD 20x200 AND (AS APPLICABLE) 20x200S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and 20x200 are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to 20x200 Attn: Legal Department; 6 spring street NY, NY 10012 (in the case of 20x200) or to the email address you provide to 20x200 during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, 20x200 may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 20x200 during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
20x200's goal is to make you happy. In the event a dispute arises between you and 20x200, please email 20x200 at support@20x200.com and we will work quickly towards a solution.
Disputes between you and 20x200 regarding 20x200's services may be reported to Customer Support by emailing support@20x200.com.
Disclosures
The services hereunder are offered by 20x200 Inc., located at 6 Spring Street, NY 10012. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. 20x200 is not affiliated with SafetySurf.com.