Updated: May 25, 2018
Sprout is only responsible for providing the Website and for providing certain types of assistance (see Section 4). We provide services in our own personal or corporate capacities, and not as employees, agents, or representatives of a User. Sprout will be responsible to support Users on specific issues as set out in Section 4 (Sprout Support).
USERS AGREE THAT THEY DO NOT EXPECT SPROUT OR ANY OF ITS AFFILIATES OR ANY SUCH ENTITY’S AGENTS, OFFICERS AND DIRECTORS TO PROVIDE INSURANCE IN REGARDS TO THE WEBSITE AND EACH PARTY ACKNOWLEDGES THAT IT DOES NOT RELY ON THE INSURANCE OF ANY OTHER PARTY.
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the above. Our actions against you, upon suspicion or confirmation of a violation of the above, may also include suspension or termination of your Account, removal or suspension of your Content; and issuance of a warning to Users about any relevant information about you to the extent permissible under applicable law.
If you notice anyone who is behaving inappropriately, including dangerously or in violation of Law, you should not hesitate to report the person to the appropriate authorities (e.g.the police) and then us; provided however that any such contact with us will not: (1) make us liable to you in any way; or (2) oblige us to take any action beyond what is our legal obligation.
Disclaimer Regarding Our Actions
In some circumstances, we may become aware of potentially illegal or fraudulent activity in relation to a User. Any actions we take with respect of this knowledge, including any messages (e.g. warning) we might provide on the Website or through any communication directly to Users, is strictly on an “as is” basis. We do not make: (1) any representations or warranties regarding the reliability or accuracy of any such messages; (2) any assurance that we can be relied upon to ensure that such messages will reach all those Users who would benefit from receiving the messages and that even if such messages are received, the Users will be able to avoid the harm or other adverse impact that we may have been warning about in the message.
Sprout owns all Aggregated Information which is anonymized on request. Nothing herein will be construed as prohibiting us from using the Aggregated Information for any purpose seen fit by us including publication of, and creation of derivative works from the Aggregated Information, provided that such usage will not reveal to a third party the identity of a User.
Monitoring of User Activity and Privacy
We reserve the right, but not the obligation to, determine, solely at our discretion, whether any User violates the Terms and at our choosing, suspend, terminate or deny access to a User Account, with or without prior notice.
Disclaimer of Warranties
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN THE TERMS, THE SERVICES PROVIDED, INCLUDING ALL CONTENT ON, FUNCTION OF, AND TRANSACTIONS CONDUCTED OVER, THE APPLICATION ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US.TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY UNDER THE TERMS IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY.WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR ANY ITEM CONNECTED WITH THE SERVER IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS.ANY TRANSMISSION TO AND FROM THIS WEBSITE, COMMUNICATION BETWEEN THE PARTIES OR ANY COMMENTS MADE BY YOU, ARE NOT CONFIDENTIAL.YOU AGREE THAT YOUR USE OF THIS WEBSITE CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THE TERMS.
Limitation of Liability
We will not be liable for any damages or losses arising from your use of the Website or arising under the Terms. To the maximum extent permitted by applicable law, in no event will Sprout be liable to you for any loss of profits, interruption to business, harm to reputation, misuse of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising and whether or not Sprout has been informed of the possibility of such damage, even if a remedy set forth in the Terms is found to have failed of its essential purpose.
We will also have no liability for any failure or delay, including the failure of any integrated or ancillary third-party service used in conjunction with the Website or for any failure of a third party to keep safe any transactional information or other personal information of a User.
Please report any violations of the Terms by a User or a third party by sending an email to firstname.lastname@example.org.
“Aggregated Information” or “Aggregate Data” means all information derived from User’s engagement with the Website, including, usage information, data and other content and which is sufficiently different from User Data such that User Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further Handling of such derived information, data or content.
“Certified” means being officially recognized as possessing certain qualifications, criteria or meeting certain standards.
“Client Information” means personal information of the Client, including information which is capable of identifying the Client.
“Comments” means written statements, submitted by Users on the Website, which sets out facts or opinions.
“Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, comments or ratings and other materials that are available on the Website.
“Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle”, such as “Handling”, has the same meaning depending on the context.
“Law” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
“Photographer” means a person who utilizes the Website to allow Clients to receive such person’s Content.
“Subscription” means a non-exclusive, non-sublicensable, limited, and revocable right to access the Website.
“Transaction” means any trade, sale, or an exchange or interaction between persons on the Website, including the exchange of monies in respect of Content or goods and or services as available on the Website.
“Use” means to utilize the Website subject to the Terms.
“User” means a Photographer or a Client, and any persons which utilize the Website using Photographer or Client Account credentials, as the case may be.
“User Data” means any data, information (including any information about an identifiable individual or an individual whose identity may be inferred or determined from the information) or other materials of any nature recorded in any form whatsoever disclosed or provided to Sprout by the User at any time which is confidential in nature.
“you” and “your” means either a Photographer or a Customer or both such persons as the context so requires, including a company or other legal entity on behalf of which a person may be acting as an Photographer or Client.
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