Last Updated: 9/30/2010
1. ACCEPTANCE OF TERMS
“JobSiteVisitor.com” (JSV) is an online digital photography hosting service and network operated by Job Site Visitor, Inc. By becoming a member of JSV you acknowledge that you have read, understand and agree to be bound by these “Terms of Service”. JSV reserves the rights to change and modify these Terms of Service at any time. Notification of any changes made to the “Terms of Service” will be delivered via the email address we have on file. The most recent revision date will be posted at the top of the page. As a member you are responsible for your membership and accepting the Terms of Service. If for any reason you do not accept JSV’s Terms of Service you are NOT to use or access JSV’s Services or website. Continued use of the Service after such changes constitutes your acceptance of the new Terms of Service.
2. DESCRIPTION OF SERVICES
The “Service”, described in this section, will consist of an online digital photography hosting service specifically designed for to monitor the progress of construction projects. The site allows users to access photos and upload or download photos relating to an ongoing or completed construction project. The Service will also consist of advertisements, administrative messages, updates, and newsletters. JSV has 2 data storage locations separated by 10-miles and 3 back-up systems in place to protect your data. In the event that each storage location experiences simutanious loss of data for any reason JSV assumes no responsibility. In the event that the main storage locations experiences an outage or loss of data JSV will switch to the back-up system which could result in a partial loss of data depending on the time of your last update and the status of the backup. Our backup storage location is backed-up every day so the most data you would loose in this situation is 1-days worth of updates in which JSV assumes no responsibility. The service is provided on an “As-is” basis and may from time to time be unavailable due to scheduled maintenance, power outages and other reasons. JSV is committed to provide you with outstanding uninterrupted service but assumes no responsibility for down-time or issues that cause the service to be unavailable. Users are responsible for all fees, equipment and services such as subscription fees, computers, and internet access associated with using this service.
3. Image Quality
The service does save the original image file in it’s original state. During the upload process images are copied and compressed on the server to improve the page loading speed. The images displayed in the image viewers are not the original images. Users can download the image by using the Save function. This function is only available for users who have been given Full Users or Administration privileges. If you do not want to give a person access to save the image file off the website they must be given Partial User privileges or should be removed from the Project Member List. JSV recommends that all images should be saved and backed-up on computers or server outside of JSV’s Services. Acceptance of these Terms of Service acknowledges that you understand that Full Users and Administrators have access to save and download image files uploaded to the system.
4. REGISTRATION INFORMATION
When you register to become a member or create a new project you agree to provide true, accurate, and up to date information about yourself and or the project. If you provide information that is un-true JSV reserves the right to suspend and or terminate your account and or project.
5. RETURN POLICY
We offer a 30-day money back guarantee form the date of your purchase which is calculated from the date of the credit card transaction or invoice date. If you decide to cancel your subscription during this time you must notify JSV in writing by certified letter postmarked on or before the end of your 30-day trial period. After the 30-day trial period all sales are final. JSV allows customers to pay with credit card or by check. Payment for services shall be delivered to JSV within 30 days from the purchase date. In the event that funds are not delivered within 30 days JSV reserves the right to turn off service and or delete your account.
By establishing and creating a new project you are expressly agreeing that JSV is authorized to charge your credit card or send you an invoice for a one time subscription fee. Additional charges will apply if you elect to upgrade your monthly subscription or any other additional service at a later date. You have 30-days from the credit card transaction or invoice date to cancel your subscription after which time all sales are final.
8. MEMBER ACCOUNT, PROJECT ACCOUNT, PASSWORD AND SECURITY
During the member registration process you will set-up a member account complete with a user name and password. As a member you are responsible to maintain the confidentiality of the password. You are also responsible for any and all actions that occur under your password to your personal account of the project account. Members shall not distribute their email address and password for others to access the project. All Users should have an individual account. Account access is provided by Administrators. If your account has been accessed by anyone other than yourself or you suspect someone is trying to access your account it is your responsibility to change your password. JSV is not responsible or liable for individuals or groups who breach the security features of the service.
The people assigned to administer a project are responsible for maintaining and updating all project data such as; project information, member lists, and project photos. It is the Project’s Administrators responsibility to maintain the project and its content. Administrators are responsible to keep member lists up to date with accurate lists of current members. Administrators are responsible to remove members from the project list if it has been determined that they should no longer receive access to view the progress of the project. Changes to someone’s project status or viewing status should be made immediately. JSV is not responsible or liable for outdated information.
JSV is not be responsible or liable for any security breaches or actions caused by failure to comply with this section.
9. MEMBER CONDUCT
Members are responsible for all material and information (the “Content”) posted to the service. JSV does not control the Content posted using the Service and therefore does not guarantee the accuracy, integrity, or quality of the Content. JSV reserves the right to pre-screen and screen any content that is available via the service. JSV reserves the right to remove any content that violates the Terms of Service or that is found objectionable. Reproduction of any copyrighted or unauthorized Content in whole or in part is strictly prohibited. Repeate infringers’ accounts will be terminated.
You agree NOT to use the service or the site to:
a. Post Content that is unlawful, harassing, abusive, obscene, hateful, or otherwise objectionable in any way.
b. Post Inaccurate, false, or forged information or Content of any kind.
c. Manipulate photographs or falsify a photograph’s date with the intent to deceive the people viewing the photographs.
d. Post Content that you do not have the proprietary rights to make public.
e. Upload, post, email, transmit or otherwise make available material that contains Spam, Software Viruses, Junk Mail, or any files designed to interrupt destroy or limit the functionality of any computer.
f. Use or attempt to access another account, service or system without authorization or create a false identity on the service.
g. Solicit personal information for commercial or unlawful purposes.
h. Impersonate any person or entity, or falsely stat or otherwise misrepresent yourself.
10. CONTENT OWNERSHIP
When you submit content, such as photos, text or information to a project you grant the project’s members with access permission to use, distribute, and reproduce the Content solely for purposes associated with the specific project for as long as the Content is available through the service. You agree that other project Administrators may at their own discretion de-activate or change the data posted to the Service. You agree to use project Content exclusively for the specific project from which it came. When content is posted to a project the person posting the Content grants Full Users and Administrators “royalty-free” use of the content as long as it’s available through the service. When Content is removed from the service the license to use the Content is also terminated.
If content is posted to a public section of the service you grant JSV and the public license to use the content for as long as it is available to the public through the service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service, use of the Service, or access to the Service. You may not post, upload, share Content that you did not create or that you do not have permission to post.
You acknowledge and agree that JSV is not responsible for any infringements and or claims regarding copyright or other proprietary rights relating to content posted to the Site. You indemnify JSV from any 3rd party claims resulting in losses, damages, costs, charges, and expenses, including reasonable attorney fees, arising out any copyright or other proprietary right claims relating all content posted and operating functions of the Site.
11. Use of Photos
You acknowledge and agree that JSV shall not be responsible for the use of any photo posted to the site in a negative context. Administrators are responsible for controlling content posted to the site and Member access to the Site. Administrators will control how much information a member can view, save, and email. Photos can be an important tool when making or defending against a claim. JSV shall not be responsible for the use of photos in any way. It is the project’s Administrators responsibility to control members use and access of photos.
Photos uploaded to the site shall be the property of the organization, company, or individual paying the subscription fee. Under this agreement images posted to the site have been given “royalty-free” use as long as they are available on the site. By joining the service as an Administrator and contributing content such as Photos you are knowingly providing content to the Project that is ultimately controlled by the paying Administrator. JSV shall not be responsible for property rights of photos among Site Members such as Owners, Construction Managers, Contractors, Subcontractors, and all other parties associated with the project. When a user contributes content to JSV they are granting project team members access to the content. Content that should not be available to the project team should not be uploaded to the service. JSV is not responsible for resolving issues and or claims between Administrators relating to content access.
JSV shall not be responsible for use of photos by any regulatory agency like OSHA, EPA, or any other organization in a negative way.
12. Customer Privacy
By submitting suggestions and ideas to JSV you acknowledge and agree that your contribution becomes the property of JSV. JSV is under no obligation to provide any compensation or reimbursement of any kind for any occasion.
You agree to indemnify and hold JSV and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, upload, transmit or otherwise make available through the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
You agree that JSV under any circumstances and without prior notice may immediately terminate or suspend your Member Account and or Project Account. You also agree that termination of you account is at the sole discretion of JSV. JSV is liable to contact you or any member of a project regarding termination of an account. Cause of termination shall include but not be limited to:
b. Administrators request
c. Unexpected security or technical problem
d. Engagement in un-lawful activities by a project or member
e. Extended periods of inactivity
f. Deleting a password and all related personal information from an account
All payments shall be made in full unless other arrangements have been agreed to in writing. Subscriptions are fully refundable with-in 30 days of purchase. Credit Card payments will be billed imediately. In the event that a customer requests to pay by check full payment must be received within 30 calendar days otherwise JSV reserves the right to terminate or suspend Project Subscriptions. JSV reserves the right to delete project content and information associated with overdue accounts from JSV’s website and servers.
17. DEALING WITH ADVERTISERS
Your correspondence, business dealings, participation with advertisers through our Service including payment and delivery, are solely between you and the advertisers. You agree that JSV is not responsible or liable for any loss or damages of any type due to the presence of such advertisers on the Service.
You acknowledge and agree that JSV is not responsible or liable for any content or availability of external sites. JSV is not responsible for any damages or loss caused or alleged to be caused by an external site.
19. PROPRETARY RIGHTS & LIMITED LICENSE
You acknowledge and agree that the service and necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property rights, copy rights, trademarks, service marks, patens and other laws.
JSV grants you a personal, non-transferable and non-exclusive right and license to use the object code provided you do not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the software. You agree not to access the service by any means other than through the intended interface provided by JSV for use in accessing the service.
Any use of the site or the sites content other than as specifically authorized herein, without the prior written permission of JSV, is strictly prohibited and will terminate the license granted herein.
20. Copy Right Policy
JSV does not control the content on our site. Users post the content. To post content on JobSiteVisitor.com you must have permission from copyright holders to post the content. JSV takes copyright issues very seriously. Users are prohibited from uploading infringing material of any kind. Material that has been identified as copyrighted material will be promptly removed.
21. DISCLAIMER OF WARRANTIES
a. You use the Service at your sole risk. The service is provided on an “As Is” and “As Available” basis.
b. JSV makes no warranty that the Service will:
i. Meet your needs and or requirements
ii. Be uninterrupted, secure, or error free
iii. Be accurate and or reliable
iv. Be corrected
c. JSV makes no warranty that Content downloaded from the Service will not damage your computer or other applications.
d. Oral or written advice obtained from a JSV employee does not create any Service warranty not expressly stated in the Terms of Service Agreement.
22. LIMITATIONS OF LIABILITY
You expressly understand and agree that JSV and its subsidiaries, affiliates, officers, and employees shall not be liable to you for any direct, indirect, incidental, but not limited to damages for loss of profits, good will, use, data or other intangible losses. The content provided by JSV is for informational purposes only. JSV shall not be responsible or liable for the accuracy, usefulness or availability of information.
23. TRADEMARK INFORMATION
JobSiteVisitor.com and all other graphics, logos, designs, page headers, scripts and service names are registered trademarks, or trade dress of JSV. Trademarks and trade dress may not be used in any manner that is likely to cause confusion without prior written permission from JSV.
24. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been violated please provide JSV’s copyright office with the following information:
a. a description of the copyrighted work or other intellectual property that you claim has been infringed
b. a description of the copyrighted work or other intellectual property that you claim has been infringed
c. your address, telephone number, and email address
d. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
e. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
JSV’s Copy Right Department can be reached at:
Attn: Copy Right Department
3646 Quivas St
Denver, CO 80211
Please report any violations of the Terms of Service to: email@example.com .