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defects, delays in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
any User communication, whether the result of our maintenance of the
Site or any problems or technical malfunction of any network, servers,
software or equipment, Internet traffic or any other failure of any nature.
We are not responsible for advertisements or applications or services that
are posted on or through the Site, nor do we have any responsibility for the
goods or services provided by our advertisers or via other websites or
applications, including our print vendor.
Things to Keep in Mind
Though everything in these Terms and in our Privacy Policy is a binding
contract, we need to let you know the following:
Limitation on Liability. IN NO EVENT SHALL Spartan Camera BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE Spartan Camera SERVICES, EVEN IF Spartan Camera HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, GOWIRELESS'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO Spartan Camera FOR THE Spartan Camera SERVICES DURING THE
TERM OF MEMBERSHIP.
Your Indemnity to Us. If you breach any of the representations made
herein regarding your rights in the Content, or your uploading of Content
violates any of the promises you have made, you agree to indemnify, defend
and hold Spartan Camera, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your use of the Site and Spartan
Camera Services in violation of that and/or arising from any Content that
you post on or through the Site and Spartan Camera Services.
Some Obligations Continue Even After You’ve Gone. Even if you close
your account or we terminate your Membership, you will still be
responsible for indemnifying us for breaches that took place while you
used the Site and Spartan Camera Services. Obligations you owed to
us and Users of the Site, which by their nature are intended to survive
closing or termination, will survive.
Image Delivery
In order to comply with Internet and server protocols, any account that
attempts to send images to an email address which repeatedly “bounces”
or returns image messages as undeliverable will be blocked from service.
Any email address associated with an account that results in a spam or
violation of service report against Spartan Camera servers will be blocked
from service.
Due to the nature of image transmission via wireless networks, Spartan
Camera is not responsible for delays in, or reception of, images
transmitted by any Spartan camera.
If you are using an MMS-to-email service provided by your wireless
carrier and that service is discontinued or eliminated by your carrier,
Spartan Camera is not responsible for the lack of this service or bound
to provide a replacement.
Spartan Camera reserves the right to make changes to Premium
Service without notice.
The information in this document is subject to change without notice and should
not be construed as a commitment by Spartan Camera. Spartan Camera
assumes no responsibility for any errors that may appear in this document.
In no event shall Spartan Camera be liable for incidental or consequential
damages arising from use of this document or the software and hardware
described in this document.
This document and parts thereof must not be reproduced or copied without Spartan
Camera written permission, and contents thereof must not be imparted to a third
party nor be used for any unauthorized purpose. Contravention will be prosecuted.
Additional or updated copies of this document may be obtained from the
Spartan Camera website.
