Terms of Use

This web page represents a legal document that serves as the Terms of Use for our website, www.NSTPictures.com (“Website”), as owned and operated by NST Pictures (NST). The last update to our Terms of Use was posted on January 15, 2014.
 
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and NST, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
 
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website.
 
If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
 
Definitions
 
The terms “us” or “we” or “our” refers to NST, the owner of the Website. 
 
A “Child” is someone under the age of 18. 
 
A “Member” is an individual that has scheduled an event with NST and has access 
 
to our Website’s features.
 
A “User” is a collective identifier that refers to either a Visitor or a Member. 
 
A “Visitor” is someone who merely browses our Website. 
 
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. We may refer to Content provided by our Members as “Member Content.” When we refer to our Website, our Content is included by reference.
 
Limited License
 
NST grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. Your use of our Website is solely for internal, personal, non-commercial purposes, unless otherwise provided in our Legal Terms.
 
Our Relationship to You
 
NST is strictly a venue does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and NST or our affiliates.
 
Legal Compliance
 
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. NST reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
 
Eligibility and Registration for Membership
 
You may view most of our Content without becoming a Member of our Website. However, if you are under the age of 18, you are not allowed to use our Website as a Member without our parent’s permission. Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. NST has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
 
As a Member, NST will assign you a Security Code that will allow you to access our Website. You agree to maintain the confidentiality of your Security Code and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your Member account. You agree to immediately notify us of any authorized use of your Member account or any other breach of security regarding your account or information. You agree that NST shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
 
Member Content 
 
Our Members may have the ability to upload images to our Website, and such images are considered Member Content. By uploading Member Content, you warrant to NST that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated image(s). You are solely responsible for insuring that you do not infringe the rights of any third parties in such Member Content and for any legal damages caused by your transmission, use, or display of Member Content.
You understand Member Content may contain material that someone may consider offensive, indecent, or objectionable. We have no control over Member Content provided by Members and do not in any way guarantee the quality,
accuracy or integrity of such Member Content. NST is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, NST will submit all necessary information to the proper authorities.
 
If your Member Content is reported to NST as being in violation of third party rights (i.e. copyrights), or is reported as offensive or inappropriate, we may ask you to retract or otherwise modify the questionable Member Content within 24
hours of being notified by NST. Should you fail to comply with such a request, NST has full authority and sole discretion to remove the offending Member Content, restrict your ability to post further Member Content, and in our sole discretion, to immediately terminate your account without further notification to you.
 
You acknowledge that NST is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content. You should always maintain your own backup copies of Member Content.
 
NST does not make any ownership claims to your Member Content. However, by uploading Member Content, you grant NST a perpetual, world-wide, royalty-free, irrevocable license to use, display, and redistribute your Member Content in any form we see fit.
 
Digital Millennium Copyright Act Compliance
 
NST follows the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
 
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
 
A description of the copyrighted work that you claim has been infringed; 
 
A description of where the material that you claim is infringing is located on our Website;
 
Your address, telephone number, and email address; 
 
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; AND
 
A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
 
NST will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
 
Member Conduct
 
As a Member, you agree not to use our Website to do any of the following:
 
1) upload, post or otherwise transmit any Member Content that:
  • violates any local, state, federal, or international laws.
  • infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  • links directly or indirectly to any materials to which you do not have a right to link.
  • contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
  • contains Website viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Website or hardware or telecommunications equipment, or to extract information from our Website.
  • contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  • in the sole judgment of NST, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose NST, our affiliates, or our Users to any harm or liability of any type.
2) use our Content to:
  • develop a competing Website or help anyone else to do the same.
  • create compilations or derivative works as defined under copyright laws.
  • re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  • decompile, disassemble or reverse engineer our Website and any related Website.
  • use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3) use your account to:
 
  • allow another person to login as you.
  • violate any local, state, federal, or international laws.
 
Intellectual Property
 
Our Website may contain our trademarks, our affiliates, and other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such trademark, without the prior written permission of the corresponding trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Content or Website. As mentioned, we do not claim ownership of your Member Content, but by providing it to our Website, you do not receive any other rights in our Content other than what belongs to you already.
 
Linking to Our Website
 
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
 
Links to Other Websites
 
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. NST has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
 
Warranty Disclaimer 
 
NST reserves the right to change any and all Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. NST assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. NST is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will NST be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
 
OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NST, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. NST CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. NST DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NST. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
 
Limitation of Liability
 
NST, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
 
NST AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NST AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
 
IN NO EVENT WILL NST OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF NST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NST’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.
 
Use of Information
 
We reserve the right, and you authorize us, to the use and assignment of all of your account information and usage information regarding our Website in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant NST a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Website or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
 
Indemnification
 
You agree to indemnify, defend and hold harmless NST and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and services, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.
 
Termination of Your Account
 
You acknowledge that if you violate the terms of our Legal Terms, NST reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Website and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
 
Arbitration 
 
Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to intellectual property infringement, shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before an arbitrator selected by the American Arbitration Association in New York, New York, USA. The judgment of such arbitrator on award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within state and federal courts of the State of New York as, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of such arbitration fees and reasonable attorney fees.
 
General Terms
 
Our Legal Terms shall be treated as though it were executed and performed in New York, New York, USA, and shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of NST under our Legal Terms shall survive the termination of our Legal Terms.