The following Terms of Service outline your obligations when using the Browsershots website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
The web pages available at browsershots.org, and all linked pages ("Site"), are owned and operated by Browsershots ("Browsershots"), and is accessed by you under the Terms of Services described below ("Terms of Service").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. BROWSERSHOTS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY BROWSERSHOTS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Browsershots reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Browsershots will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
Services shall include, but not be limited to, any service and content Browsershots performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to icon images, text, information, data, graphics, images, illustrations, also known as the "Content"). Browsershots may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Browsershots may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
As a condition to using Services, You shall provide Browsershots with accurate, complete, and updated registration information if you register for an account. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Browsershots account. You may not (i) select or use as a Browsershots Username a name of another person with the intent to impersonate that person; (ii) use as a Browsershots Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Browsershots Username a name that is otherwise offensive, vulgar or obscene. Browsershots reserves the right to refuse registration of, or cancel a Browsershots user accounts in its discretion. You shall be responsible for maintaining the confidentiality of your password.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Browsershots.
By way of example, and not as a limitation, you agree not to use the Services:
Browsershots respects the intellectual property of others. It is Browsershots's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Browsershots will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Browsershots may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Browsershots will terminate access for subscribers and account holders who are repeat infringers.
You acknowledge that Browsershots has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Browsershots from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Browsershots makes no representations concerning any content contained in or accessed through the Site or Services, and Browsershots will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Browsershots has no control over such sites and resources, you acknowledge and agree that Browsershots is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Browsershots shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
IN NO EVENT SHALL BROWSERSHOTS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Browsershots may terminate or suspend any and all Services and your Browsershots account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Browsershots account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
