Gnimboo

Terms of Use

Terms of Service

  1. User's Acknowledgment and Acceptance of Terms

Gnimboo ("Us" or "We" or "Gnimboo", with Identity Number: 77816363A, and address C/ Santa Fe, 11, 12C, Seville) provides the www.gnimboo.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of today. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

 

  1. Description of Services

Gnimboo is an online tool which can be used by photographers to upload photographs taken to specific people or places visited by that people. The photographers will provide each specific person or specific group of people with an exclusive code only for them. These specific people can gain access to the photographs taken just for them using the mentioned code, so that they can choose the photographs they are interested in acquiring. Gnimboo is the online tool which makes possible for photographers to upload and share photographs with the specific people to whom such photographs were taken for, and also makes possible for these photographed people to acquire the photographs taken just for them.

So Gnimboo counts on two type of users:

  1. Users who enter the site to see available photographs taken just for them. These users can acquire the photograph/s they are interested in, if they want to. These users enter a code, previously provided just to them, in the Home page of Gnimboo: gnimboo.com . Entering the mentioned code, these users gain access to the mentioned photographs taken just for them.
  2. Photographers who upload photographs taken to specific people, to share such photographs only with such specific people. The photographers provide each specific person or group of people with an exclusive code so that only such specific person or group of people can gain access to see and acquire the specific photographs taken just for them.

 

Gnimboo provides the photographers access to Gnimboo online website to help them create and manage client galleries through Gnimboo´s web application, hosting the photographs and working as an intermediary platform for the exchange of photographs between the photographers and the final client.

The photographers are not employees of Gnimboo. Gnimboo will pay the photographers a specific amount of money according to the price of the photographs and to the number of photographs sold. It is the photographers´ sole responsibility to pay the corresponding fees and taxes to Paypal and to the corresponding authorities. Gnimboo assume no responsibility for the misuse of the incomes by the photographers. The photographers have to inform and declare such incomes to the competent authorities. Gnimboo assume no responsibility for the lack of information or incorrect information provided by the photographers to the competent authorities.

  1. Registration Data and Privacy

In order to access some of the Services on this site, the photographers will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

 In order to access some of the Services on this site, the users which access the site using their exclusive code previously provided to them by the photographers, to see the pictures taken just for them (and possibly acquire them) will be required to use their existing and valid email account linked to their existing and valid Paypal account. By entering the code to access Gnimboo services, you agree that all the photographs available for you were taken with your permission and are not inappropriate or offensive. The information we obtain through your use of this site, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

  1. Conduct on Site

Your use of the site, including the use of the site by the photographers, is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications Services, message board, feedback form, or other interactive Services that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including images, text, communications, software, sounds, data, or other information -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. impersonates any person or entity, including any of our employees or representatives.
  7. has required any unauthorized access to any places by any photographer. The photographer must be specifically allowed by law and by any competent authority to enter the place where the photograph is taken, and to take such photograph.

If any photographer upload or share any content which does not meet the mentioned requirements, this photographer will indemnify any affected part, including Gnimboo and any other user of www.gnimboo.com which may have been affected. This includes refund of purchased photographs and the payment of fees and taxes originated by such purchase, and also any other expense originated by such photographs, whether sold or not.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site, including the affiliated photographers. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar Services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  1. License Agreement

You hereby grant Gnimboo a worldwide, royalty-free, exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license.  

In the very moment when a picture is uploaded to Gnimboo:

  • Gnimboo is allowed to use the photograph/s as desired, including commercially.
  • Gnimboo get all the copyrights and rights to use and exploit the photographs.
  • The photographer warrants that they had all the exclusive rights over the photographs and that they are transferring all of them to Gnimboo.
  • The photographer is responsible for any infringement of any copyright owned by any third party.

 Although we try our best to restrict the ability of users and visitors to the site to make high resolution copies of content posted on the Site, we make no representation and warranty that content posted on the site will not be unlawfully copied without your consent. We do not restrict the ability of users and visitors to the site to make low resolution or ‘thumbnail’ copies of content posted on the site and you hereby expressly authorize Gnimboo to permit users and visitors to the Site to make such copies of your content.

 You are responsible for any content that you have posted to the site and that may be lost or unrecoverable through your use of the Services. We may, but have no obligation to, monitor content on the site, websites, or galleries created using our Services.  We may disclose any information necessary or appropriate to satisfy our legal obligations, or operate the Services properly.  We may also refuse to post, remove, or require you to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, in violation of these Terms of Service or because of Gnimboo´s own criteria.  If you believe any materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to info@gnimboo.com for copyright complaints. 

 

  1. Fair Usage Policy

This policy sets out an acceptable level of conduct relating to the use of our Services, it is designed to ensure that the Services received by the majority of the clients are not negative impacted by potential fraud and abuse of our product. Our client gallery product is meant for photographers use only, each gallery is meant to be created for a single event and shared with client as such.

We have the right to terminate any account immediately if it is determined that there is unlawful, prohibited, abnormal or unusual activity, or because of Gnimboo´s own criteria.

 

  1. Account Fees and Features

Each user is entitled to create one account. You may cancel your account at any time, in the case of a cancellation, published galleries will stay online as long as it take the photographs to be 30 days available online for the clients or specific users, adding another 30 days to a gallery each time a photograph of such gallery is sold. After that period, the photographs will be removed from www.gnimboo.com automatically. If the account is cancelled, the payment agreed with the photographers, due to incomes generated by the sold of the photographs after the account cancellation, would be held.

We may modify, suspend or discontinue any of the features attached to the accounts at any time at our sole discretion and without prior notice. Gnimboo resizes the images you upload for displaying and for client download purposes. You are able to deliver via www.gnimboo.com the resized image which has a maximum size of 2000 pixels on the long edge (referred as High Resolution photos on the site). You take full responsibility for using the features offered by Gnimboo and you hereby expressly and irrevocably release and forever discharge Gnimboo from any actions, suits, losses, or liabilities arising directly or indirectly out of your use of the site and its features and Services.

 

  1. Selling Photographs Through Gnimboo

You can only upload digital photographs to Gnimboo. Gnimboo is merely providing you with the platform to upload digital photographs. You hereby state that you have the right to share and sell such products, and the products comply with all applicable laws. You may not offer or sell any products that infringes or have the potential to infringe the rights of another. We reserve the right to remove any content or your galleries altogether if it is in violation of these Terms of Service, or because of Gnimboo´s own criteria, at any time at our sole discretion and without prior notice.  Gnimboo does not provide neither printed photographs nor other physical products, Gnimboo only provide digital images from www.gnimboo.com.

You are also responsible for dealing with any disputes, cancellation/refund, and exchange of orders. Purchaser of any photograph/s hereby agree to deal with the the photographer in case of any requests and disputes.

You shall be fully responsible for ensuring your images have the sufficient resolution and quality to be sold. Gnimboo is not responsible for any cost or losses resulting from incorrect resolution or settings of the images. You agree to pay the cost of the products, the appropriate transaction fees to Gnimboo, as well as the credit or debit card processing fees charged by third party payment service provider. You are fully responsible for setting up tax rules, and collecting and remitting the appropriate sales tax in your jurisdiction. You are responsible for dealing with any disputes, cancellation/refund, and exchange of orders.

If you are uploading digital photographs to Gnimboo, you must set out your own Digital image license. Gnimboo provides no warranties for digital image licenses and is not liable for any dispute arising out of any digital image license agreement. Gnimboo is also not responsible for enforcing any digital image license agreement.


Gnimboo is not responsible for any technical problem not directly related to www.gnimboo.com online platform, which the user may suffer during or after the purchase of a photograph or photographs by the client. Gnimboo is not responsible for any delays in downloading and other costs or problems that may arise from the delay.

Gnimboo is not responsible for any delay or difficulty that the client may suffer to download the purchased photographs, as long as such delays or difficulties are not directly related to www.gnimboo.com online platform (i.e. incorrect configuration of the software of the device used by the client to purchase or download the photographs, lack of plugins or other software elements in such device, incorrect use of the device by the client, lack of capability or power of the device, insufficient or inaccurate technical features, incorrect or damaged hardware, lack of internet coverage, even if it is due to the area where the client is located, lack of free space in the device or in any additional hardware, etc.).

Gnimboo do not refund any money after the client have purchased the photograph or photographs.

Terms of Sales
These Terms of Sale is applicable to your purchase of any photographs through www.gnimboo.com. In the event of any conflict between these Terms of Sale and the other provisions of the Terms such as ones set up by the photographer, these terms of sale will prevail. These Terms of Sale may not be altered or amended in any way, and all sales are expressly conditioned upon your agreement to these Terms of Sale.

All photographs and other products purchased are non-refundable and non-exchangeable. If the photographs or products you received is defective or has a glitch, you are responsible for contacting Gnimboo via info@gnimboo.com within thirty (30) days of your receipt of the products, and work out the necessary arrangements for a replacement or, if the replacement was impossible, a refund. The foregoing right to return any order within thirty (30) days to Gnimboo is your sole and exclusive remedy, and Gnimboo expressly disclaims and excludes all warranties, expressed or implied, regarding the purchase of any products.

Gnimboo will do its best to present accurate information in the product options, however we do not warrant that the product description, photos and pricing are accurate, complete, reliable, current or error-free. Gnimboo reserve the right to format manipulate or modify the image as may be required to satisfy a particular order. In the event of an error, we reserve the right to correct such error and charge the correct price or cancel your order.  

You agree that we may at any time, and at our sole discretion, change the fees applied to the sales of the uploaded photographs, without prior notice to you.

  1. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  1. Intellectual Property Information

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Gnimboo. You are only permitted to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Gnimboo.

 

  1. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. You grant Gnimboo an exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to us immediately. To be effective, the notification must include:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Signature
  8. Please send it to: info@gnimboo.com

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the appropriate Copyright Office for adjudication.

 

  1. Disclaimer of Responsibilities

Gnimboo assume no responsibility for any inaccurate, inappropriate, bad, offensive or illegal conduct, behavior, action, act or words of the photographers while they are taking photographs or dealing with people to photograph them or to reach or have access to any places to take photographs. Gnimboo assume no responsibility for any illegal or inappropriate or forbidden access to any place to take photographs or to deal with or contact people, and assume no responsibility for any harm or damage the photographer may suffer or cause to anyone or anything. Gnimboo assume no responsibility for any misuse of www.gnimboo.com or the Gnimboo name, image, brand or trademark, by the photographers. The photographers do not act, behave or speak on behalf of Gnimboo.  

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY DEVICE) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Gnimboo assume no responsibility for the loss or damage of any photographs uploaded by the photographers to Gnimboo.com.

Gnimboo assume no responsibility for any dispute between the photographers. We do not assign specific areas of work, or specific people to be photographed. The photographers are required to respect their colleagues. In case of lack of comradeship, Gnimboo reserve the right to immediately terminate your account at any time, and at our sole discretion, without prior notice to you.

 

  1. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees or any other expense that arise from your negligent use or wilful misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

  1. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password.

You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

You hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to Gnimboo, including but not limited to registration information, content, and account information. In the case that you are aware of any unauthorized access of your account, password and/or content, you must notify Gnimboo immediately.

 

  1. E-mails

In the event that the photographers have obtained user information, the photographers hereby consent that they will not use user information such as their name, email, and address in any manner except to provide it to Gnimboo. Emails collected by the photographers may not be used for sending unsolicited emails to anyone except to Gnimboo. The photographers agree to safeguard this information and not to share such information with any third parties.

 

  1. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in any location, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

 

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

  1. Notices

All notices to a party shall be in writing and shall be made either via email. Notices to us must be sent to the attention of Customer Service at info@gnimboo.com. Notices to the photographers may be sent to the address supplied by them as part of their Registration Data. We may send the photographers notifications triggered by certain actions in your account; you may opt out of some of these notifications by updating the settings in your account.

In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

 

  1. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

 

  1. Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be paid for all the costs and attorneys’ fees. Any cause of action brought by you against us must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any material contained in this site or in its servers, any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

  1. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by www.gnimbo.com. If you notice that any user is violating these Terms of Service, please contact us at info@gnimboo.com.

 

Last updated: October 20, 2017

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