PROJECT 1:1000 Terms of Use
5 August 2022
Welcome to the PROJECT 1:1000. By accessing or using any part of the site, You agree that You are subject to and will comply with these Terms of Use. This Agreement is between You and Project 1:1000, LLC, a Montana limited liability company.
1. DEFINITIONS
“Agreement” or “Terms” refers to these Project 1:1000 Terms of Use.
“Project 1:1000” or “Website” is an (online) photojournalism publication company and community. Project 1:1000 content may include but is not limited to Submissions, Submission images, comments, forum content, and FAQ. Use and participation in the Project 1:1000 is subject to these Terms. The names of Project 1:1000 pages may be updated from time to time.
“We,” “Our” or “Us” means Project 1:1000 and/or its agents, where applicable.
“You” or “Your” means you as an individual, and any company or organization for whom you are using Project 1:1000.
2. YOUR PROFILE AND ACCOUNT
You agree that all information You submit to the Website, including to profile pages, is accurate and that You will keep it current. If We have grounds to suspect that Your information is untrue, inaccurate or incomplete, We have the right to suspend or terminate Your use of the Website. It is Your responsibility to maintain the confidentiality of any password associated with Your use of the Website. You agree that We may send You information and notices regarding the Website, your account by email, text messaging, private message, or other means based on the information you provide to Us.
3. YOUR RESPONSIBILITIES
You shall:
A. Treat other Website users with courtesy and respect.
B. Be responsible for Your compliance with these Terms and all activities occurring within or from your Project 1:1000 account,
C. Use reasonable efforts to prevent unauthorized access to or use of the Website, and notify its administration promptly of any such unauthorized access or use, and
D. Use the Website only in accordance with these Terms, for its intended purpose and in compliance with all applicable laws and government regulations.
You shall not:
E. Impersonate any other person;
F. Falsely say or imply that You are associated with Us, another person or entity;
G. Submit content in exchange for payment or other consideration from another person or entity;
H. Make the Website available to anyone else, including via selling, reselling, renting, leasing, or otherwise redistributing the Website or portions thereof;
I. Use the Website in connection with sending, transmitting or otherwise facilitating the distribution of any unsolicited commercial messages;
J. Violate any anti¬spam or similar law;
K. Use the Website to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including but not limited to privacy rights;
L. Use the Website to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity;
M. Interfere with or disrupt the integrity or performance of the Website or any data contained therein;
N. Attempt to gain unauthorized access to the Website
O. Scrape, data-extract, data mine, or engage in any related or similar data-harvesting activity, from the Website, or otherwise collect information about other Project 1:1000 users without their consent; or
P. Submit or link to any content (including any name or User ID that You use in the Website) that:
i. Infringes or violates the intellectual property or other rights of any person or entity;
ii. Interferes with the operation of the Website;
iii. Violates anyone’s privacy or publicity rights;
iv. Breaches any duty of confidentiality that You owe to anyone;
v. Provides any non¬public information about Us or any other company or person without authorization (including the names and contact information for Our employees or Website users);
vi. Is, in Our sole discretion vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable; or that We reject for any other reason in Our sole discretion;
vii. Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed, or having the capability, to disrupt, damage or limit the functionality of any software or hardware; or
viii. Contains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
Please remember that You may be providing content for an international audience. Content that does not seem abusive, obscene, or offensive to You might seem so to others. You are solely responsible for compliance with Your employer’s policies and requirements. Furthermore, You are responsible for compliance with any regulatory or legal requirement that You may be subject to as a result of Your employment, residence, or role within an organization.
Use of the Website is at Your sole risk. We may modify the functionality of the Website and its interface at any time at Our sole discretion, and such modifications may result in a loss of data associated with that functionality. We also reserve the right, in Our sole discretion and without cause at any time, and without notice to You, to remove, or refuse to post any content submitted or posted by You to the Website.
4. ACCOUNT TERMINATION BY PROJECT 1:1000
We may suspend or terminate Your access to the Website immediately without any liability, upon notice, if in Our sole judgment You have violated these Terms. We may also suspend or terminate Your use of the Website, or condition Your continued use on additional terms. If Your continued use, in Our sole judgment, poses an undue or disproportionate burden on the Website, or if Your activity on the Website is disruptive or detrimental to other users or the security of Project1:1000, Your account may be cancelled.
5. PROJECT 1:1000 USE ANALYSIS
We may track and analyze your use of the Website, including, but not limited to, data submitted by You, for the purposes of improving Project 1:1000 and Your experience in using the Website, and furthering our understanding of use of the Website. We may disclose such data about your use of the Website ('Usage Statistics') to third parties for the purpose of assisting Us in such tracking or analysis, or where required by law.
6. NO WARRANTY
Project 1:1000 is provided “as is,” exclusive of any express or implied warranties whatsoever. We disclaim all implied warranties, including without limitation, any implied warranties of merchantability and fitness for a particular purpose. Content posted by anyone other than us on the Website is the sole responsibility of the originator of that content. We are not responsible for any content posted by you or any third party, whether or not we reviewed or moderated such content. We disclaim any responsibility whatsoever for any content or material on the Website regardless of who originated that content (including our employees, partners, affiliates or moderators).
7. NO DAMAGES
You agree that you bear all risks associated with sharing content on the Website. In no event shall we have any liability hereunder to you for any losses or damages whatsoever, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, however caused and, whether in contract, tort or under any other theory of liability, whether or not you have been advised of the possibility of such damages.
8. INDEMNITY
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from: (i) Your breach of these Terms of Use or (ii) any claim made by any third party arising out of content You submit to or post on the Website and your activity on the Website.
9. PROPRIETARY RIGHTS AND PRIVACY
You grant to Us a perpetual, worldwide, fully paid up right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any reproduction or likeness of You, your image, and/or your voice; and any content, input, or material You contribute to the Website. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to all intellectual property rights in the Website, including but not limited to its user interface, branding, content, ideas, and underlying technology. No rights are granted to You hereunder other than as expressly set forth herein.
10. EXCLUSIVITY
You agree to not lend, publish, promote, etc. any of your personal content shared on Project 1:1000 website in any other media or on any other website for the term of one (1) year.
11. THIRD PARTY LINKS & ELEMENTS
The Website may contain links to third party sites as well as utilize elements and components from outside sources; such linked sites and utilized components are not under Our control and We are not responsible for the content of any linked site or any link contained in a linked site nor the machinations of these outsourced elements and components. We reserve the right to remove any links, elements, or components at any time. Project 1:1000 does not endorse the companies or products to which it links and reserves the right to note such on its web pages. If You decide to access any of the third-party sites linked to via the Website, You do so entirely at your own risk. Similarly, by using the site, You agree that Project 1:1000 is held harmless by any injuries incurred by use of the website and these third party elements.
12. REMOVAL OF MATERIAL UNDER U.S. DIGITAL MILLENNIUM COPYRIGHT ACT
If You wish to submit an allegation of infringement under the U.S. Digital Millennium Copyright Act of 1998 (DMCA) please email admin@project1-1000.com If We receive a notice alleging that material or content You posted on the Website infringes another party’s copyright, We may remove that material in accordance with Title II of the DMCA (Section 512 of the U.S. Copyright Act).
13. ENFORCEMENT
We generally do not pre¬screen, verify, edit, monitor or moderate the content posted by users but may do so from time to time in Our sole discretion, including in private groups. We and Our agents reserve the right to investigate any violation of these Terms of Use and to take appropriate remedial action.
Any violation of these Terms may result in the suspension or termination of Your ability to use or participate on the Website and its associated pages. We reserve the right to enforce these Terms at our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate.
Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your use of, or participation in, the Website violates these Terms, constitutes an unlawful trespass to Our equipment and systems, and may result in legal action.
We may release information concerning Your use of the Website (including posted content, registration information, and network records) when We believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect Our rights or property; to protect against fraudulent, abusive or unlawful use or participation on the Website; or if We reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
To report violations of these Terms, please email admin@project1-1000.com with appropriate details, including Your contact information.
14. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.
15. MISCELLANEOUS
These Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between You and Us. You may not assign Your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without Our prior written consent.
These Terms shall be governed exclusively by the internal laws of the State of Montana, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in Yellowstone County, Montana to adjudicate any dispute arising out of or relating to this Agreement. Except as expressly stated in these Terms, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. No modification, amendment, or waiver of any provision of these Terms shall be effective unless it is by an update to these Terms that we make available on this website, or is in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.