TERMS OF USE

 

Welcome to the Photo Fun Safari’s Website (“Website”) (https://photofunsafaris.com/) and related mobile application (“Application”) of Photo Fun Safaris, LLC. (“Photo Fun Safaris”).  These Terms of Use (“Terms of Use”) apply to users visiting the Website or otherwise utilizing the Application.  Users may be referred to in these Terms of Use as “User”, “You”, “Your”, or “Yourself.”  By accessing the Website or utilizing the Application, You hereby consent to and accept these Terms of Use.  If You do not agree to these Terms of Use, You may not use the Website or Application.

INTRODUCTION

 

Photo Fun Safaris will from time-to-time make changes to its Terms of Use, and when changes are made, Photo Fun Safaris shall post such changes to its Website and request that all Users review the same.  Then, Your continued use of the Website or Application, or any services accessible through it after such posting or notification, shall serve as Your explicit consent to the modifications. 

 

If You violate any of these Terms of Use, in Photo Fun Safari’s sole discretion, Your right to use the Website and Application will be terminated.

 

SERVICES & AUTHORIZED USE

You are authorized to use the Website and Application for Your own personal use and in accordance with these Terms of Use.

UNAUTHORIZED USE

 

You shall not use the Website or Application in any illegal activity nor to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations. 

You shall provide true, accurate, current and complete information about Yourself during sign up and as prompted by the registration form, if applicable.  If any information provided by You is untrue, inaccurate, not current or incomplete, Photo Fun Safaris has the right to terminate Your account and refuse any and all current or future use of the Website and Application.

You shall not:

  1. Monitor, gather or copy any content on the Website or Application by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind;

  2. Copy, modify or distribute any portion of the Website or Application;

  3. Use the Website or Application to process data on behalf of any third party that is not subject to these Terms of Use or the underlying agreements and licenses;

  4. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout of the Website or Application);

  5. Engage in any activities through or in connection with the Website or Application that seek to attempt to harm others or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;

  6. Attempt to circumvent the security systems of the Website or Application;

  7. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server controlled or utilized by Photo Fun Safaris;

  8. License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Website or Application available to any third party;

  9. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;

  10. Engage in any activity that interferes with a user’s access to the Website or Application, or the proper operation of the Website or Application;

  11. Impersonate any person or entity;

  12. Resell or transfer the Website or Application, or use of, or access to the Website or Application, to any third-party.

IF PHOTO FUN SAFARIS BECOMES AWARE THAT YOU ARE ENGAGING IN ANY OF THE PROHIBITED ACTIVITIES LISTED ABOVE, OR OTHER CONDUCT, WHICH IN PHOTO FUN SAFARIS’ SOLE DISCRETION IS HARMFUL TO ITS BUSINESS OR THE WEBSITE\APPLICATION, PHOTO FUN SAFARIS RESERVES THE RIGHT TO REVOKE YOUR RIGHT TO THE WEBSITE\APPLICATION AND ANY PERMITTED USES THEREOF.

SITE MONITORING & COOKIES

Photo Fun Safaris uses electronic means to track and monitor Your use of the Website and Application.  You acknowledge and agree that Photo Fun Safaris has the right to electronically monitor Your use of the Website using various methods, and to disclose any of the collected information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website\Application properly, or to protect itself or its subscribers.  Photo Fun Safaris reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Photo Fun Safaris may use a cookie or similar text files on some pages of the Website. A cookie is an element of data that a website can send to Your browser, which may then store it on Your computer.  A cookie does not retrieve any other data from Your hard drive, does not carry computer viruses and does not reveal anything about You that You have not already revealed.   The Website makes extensive use of cookies to speed up certain functions by utilizing the processing capability of Your browser and provide other benefits. You agree to turn on the use of cookies on Your browser and acknowledge that the Website may not function properly without cookies being enabled.

 

Your interactions with Photo Fun Safaris are further governed by the Photo Fun Safaris Privacy Policy which we encourage you to read at photofunsafaris.com.

LINKS TO OTHER WEBSITES

The Website or Application may contain web links to third-party websites. These links are provided as a convenience to You and such third-party websites are not under Photo Fun Safaris’ control. Photo Fun Safaris makes no representations or warranties as to the accuracy and information on or from other websites. Please be advised that the privacy policy and security policy of third-party linked websites are not that of Photo Fun Safaris.

ELECTRONIC MAIL SECURITY

Electronic mail over the Internet is not secure or confidential. Photo Fun Safaris is not responsible for any damages in connection with electronic mail You send to Photo Fun Safaris or electronic mail sent to You, at your request.

SOFTWARE AND HARDWARE REQUIREMENTS

To access the Website or Application, You must obtain at your own expense access to the Internet which involves computer or mobile hardware (e.g., mobile phones, computers, cable modems, wi-fi routers, printers) and software (e.g., web browser) requirements.  You are solely responsible for any fees and charges related to your access to the Internet, including but not limited to any Internet Service Provider (ISP) fees, telephone charges and cellular provider charges.  Certain segments of the Website or Application may require additional hardware and/or software to effectively use the same.  A .pdf file viewer software product may also be needed to view certain online documents.  Photo Fun Safaris requires You to use a web browser that supports adequate security measures which includes the use of Secure Socket Layer (SSL) encryption technology with minimum 128 bit encryption, and such standards may change from time-to-time as determined by Photo Fun Safaris.

Photo Fun Safaris recommends You use adequate anti-virus and anti-spyware software and that You keep such software current to help You avoid data compromise and related losses.  Additionally, Photo Fun Safaris recommends that You use the latest versions of the Apple iOS Operating System or Android Operating System (as the case may be) on Your mobile phone.  You are responsible for selecting all such systems, hardware and your ISP.  You are also responsible for any defect, malfunction or interruption in service or security due to hardware failure, your choice of ISP and systems and computer services.  Photo Fun Safaris is not responsible for any computer virus or related computer hardware and software problems that may arise with your use of the Website, Application, or other services over the Internet.

COPYRIGHTS, TRADEMARKS AND/OR RESTRICTIONS ON USE

You acknowledge and agree that Photo Fun Safaris owns all right, title, and interest to the Website,  Application, and all content and works of authorship displayed on the Website or in the Application, except where expressly noted; including without limitation photos, text, icons, source code, video, software, graphics and sound recordings (including how such information and materials are arranged on the Website or in the Application).

Such items are protected by copyright and/or other laws.  You are authorized to view such information and materials on the Website or in the Application only for Your own purposes.  You may not copy, distribute, disseminate, sell, reproduce, display, link to, license, create derivative works of or republish the Website, Application or any portion of either for any commercial or public purpose without Photo Fun Safaris’s prior express written consent.

In addition, you acknowledge and agree, that Photo Fun Safaris (or others, as indicated) owns the trademarks, service marks, registered service marks or registered trademarks and logos (each referred to as “Marks”) which are displayed on the Website or in the Application.  You shall not use such Marks without the prior express written consent of Photo Fun Safaris or the indicated third-party that may own the Marks.  You agree that except as expressly provided herein, Photo Fun Safaris has granted You no license, rights in or rights to use any of the Marks; Photo Fun Safaris and/or applicable third parties and licensors retain all rights to the Marks.

YOUR ACCOUNT, YOUR INFORMATION, AND HACKING

You are responsible for maintaining the confidentiality of Your account, usernames and passwords, and for restricting access to Your computer and mobile phone.  You agree to accept responsibility for all activities that occur under your account or password and shall immediately notify Photo Fun Safaris of any unauthorized use of Your account or credentials.

If you need help accessing or removing any of Your information, please contact Photo Fun Safaris at info@photofunsafaris.com.   

Photo Fun Safaris tries to ensure that the Website and Application are secure and that the information shared with us is safe.  However, no security measure is perfect, and unauthorized intrusions into the Website or Application are possible.  You acknowledge and agree that Photo Fun Safaris shall not be responsible for any damages stemming from such unauthorized intrusions or disruption of the Website or Application. 

WARRANTY DISCLAIMER

THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN THE WEBSITE AND APPLICATION, INCLUDING TEXT, LINKS, GRAPHICS OR OTHER ITEMS ARE PROVIDED "AS AVAILABLE" and "AS IS." PHOTO FUN SAFARIS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, APPLICATION, AND SERVICES HEREUNDER, OR ANY RELATED SERVICE, OR THE FITNESS OF THE WEBSITE, APPLICATION, AND/OR SERVICES FOR YOUR USE.

PHOTO FUN SAFARIS HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.  NO ORAL OR WRITTEN INFORMATION GIVEN BY PHOTO FUN SAFARIS, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY HEREUNDER. ALSO, PHOTO FUN SAFARIS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, APPLICATION, OR SERVICES PERTAINING TO NON-INFRINGEMENT, SECURITY, ACCURACY, NON-INTERRUPTION AND FREEDOM FROM COMPUTER VIRUS(ES). PHOTO FUN SAFARIS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE WEBSITE OR IN THE APPLICATION.

PHOTO FUN SAFARIS MAKES NO REPRESENTATION THAT MATERIALS ON THE WEBSITE OR APPLICATION ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES.  ACCESS TO THE WEBSITE OR APPLICATION FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED.  IF YOU ACCESS THE WEBSITE OF APPLICATION OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER YOU OR PHOTO FUN SAFARIS  (AND THEIR RELATED PARTIES) (collectively, “THE PARTIES”) BE LIABLE FOR ANY OF THE FOLLOWING: (I) DIRECT DAMAGES IN EXCESS OF THE ACTUAL FEE(S) PAID BY YOU TO PHOTO FUN SAFARIS FOR ACCESS TO THE WEBSITE OR APPLICATION (IF ANY) OR, (II) ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE. APPLICATION, OR ITS RELATED SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES INTEND THAT THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION SHALL BE VALID AND ENFORCED EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Photo Fun Safaris and its respective directors, officers, employees, and agents from and against all claims and expenses (including reasonable attorneys’ fees) arising out of Your violation of these Terms of Use or misuse of the Website or Application.

GOVERNING LAW

These Terms of Use are governed by and shall be interpreted under the internal laws of the State of Wisconsin, excluding its conflict of law principles. VENUE AND JURISDICTION FOR ANY FEDERAL OR STATE COURT LITIGATION OR ANY ALTERNATIVE DISPUTE RESOLUTION INCLUDING MEDIATION AND ARBITRATION SHALL BE OUTAGAMIE COUNTY, STATE OF WISCONSIN.

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