This site, www.CameraBits.com (the “Site”), is offered to you by Camera Bits, Inc. (“Camera Bits” or “we”). Like other websites, Camera Bits requires that you agree to the following terms and conditions of use, as amended from time to time (“Terms of Use”). Please refer to the Camera Bits privacy policy relating to the collection and use of your information accessible at http://www.camerabits.com/privacy-policy (the “Privacy Policy”).  The Privacy Policy is a part of, and is incorporated by reference into, these Terms of Use.

Through this Site, Camera Bits provides you access to a variety of resources, including download areas, communication forums, tutorials, and product information (collectively, the “Services”). The Services and this Site, including any updates, enhancements, new features, and any additional Camera Bits web properties are subject to the terms and conditions of the Terms of Use, and are provided solely for your personal and noncommercial use. Please understand that by accessing the Site, and/or using any of the Services, you are agreeing to comply with the Terms of Use, without limitation or qualification. In fact, these Terms of Use are a legally binding contract between you and Camera Bits that you enter into by your use of the Site and/or the Services.  If for any reason you do not agree to comply with the Terms of Use in any way, or become dissatisfied with the Services, your only recourse is to immediately discontinue using the Services, and not access the Site.

We reserve the right to change, amend, or modify the Terms of Use at any time and from time to time, without prior notice. Unless it expressly says otherwise, all changes, amendments, or modifications take effect immediately upon being posted on the Site. Accordingly, it is important for you to review the Terms of Use on a regular basis to keep yourself apprised of any changes.


Eligibility

Because these Terms of Use are a legally binding contract between you and Camera Bits that you enter into by your use of the Site and/or the Services, the Site and the Services are available only to persons who can enter into legally binding contracts under applicable law. Minors are not eligible to use this Site or the Services, unless the use is supervised by a parent or guardian.  Additionally, under no circumstances can children under the age of 13 use the Site and/or Services.

Representations and Warranties (Your Promises)

This paragraph is the representations and warranties that you make to Camera Bits. In other words, the following are the legally binding promises you make to Camera Bits by using the Site and/or Services. You represent and warrant that:

  • You are at least the age of majority in the jurisdiction where you reside and are legally able to agree to these Terms of Use.
  • You agree to comply with these Terms of Use and to be legally bound by them.
  • You will provide true, accurate, and current and complete information about yourself, and you will maintain and promptly update such information in order to keep the information true, accurate, and current and complete.
  • You will promptly notify us if you suspect, or are aware of, any unauthorized use of your ID or password, or any other breach of security.
  • You will not interfere with any other person’s use and enjoyment of the Site or interfere with or attempt to gain unauthorized access to the Site, Services, the Camera Bits’ Server or the networks(s) connected to any Camera Bits’ server, or any accounts, or computer systems, through hacking, password mining, or any other means.
  • You will not use the Site or Services in any manner that could damage, disable, overburden, or impair any Camera Bits’ server, or the networks(s) connected to any Camera Bits’ server.
  • You will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.
  • You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code that makes up the Site.
  • You will not modify or attempt to modify the Site or any of its components.
  • You will not take, or attempt to take, anything not intentionally made available by Camera Bits through this Site.
  • You will not reproduce, duplicate, copy, sell, resell, exploit, or in any way use any of the Intellectual Property (defined below).
  • You understand that Camera Bits endeavors to use certified third-party credit card processors to securely process your credit card information, however, Camera Bits cannot guarantee third-party compliance and shall not be responsible in any way for the acts of third parties with respect to my credit card information.  You release Camera Bits from any liability or responsibility for the acts or omissions of third-party recipients of my credit card information.

Registration – Camera Bits Forums

In order to receive certain benefits of our Services and Site, such as the Camera Bits Forums, accessible at fhtp://camerabits.forums.com, you must register as a forum member and execute the registration agreement.  After you register and login, you will be able to fill out a detailed profile.  Given the possibility of the unlawful interception of information and communications, despite the efforts Camera Bits takes to offer a secure environment, Camera Bits cannot promise and I should not expect that such information I provide will always remain private or secure.  Always use caution when giving out any personally identifiable information about yourself, your children, or any other person.

The Camera Bits Forums enable you to communicate with others on the Site.  You agree to use the Camera Bits Forums solely to post, send, and receive messages and material that are proper and appropriate, without limitation, you agree that when using the Camera Bits Forums, you will not:

  • Use the Camera Bits Forums in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, harass, abuse, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, post upload, distribute or disseminate any inappropriate, profane, and defamatory, obscene, indecent or unlawful topic, name, material, or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary consent to do the same.
  • You will not post or transmit anything that contains viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any of the many similar software or programs that may damage the operation of the Site, or any other person’s property.
  • Advertise or offer to sell or buy any goods or services for any purpose, unless permitted by Camera Bits.
  • Falsify or delete any copyright management information, such as author attributes, legal or other proper notices or proprietary designations or labels of the origin or source contained in an uploaded file.
  • Restrict or inhibit any other user from using the Camera Bits Forums.
  • Violate any code of conduct or other guidelines, which may be applicable to the Camera Bits Forums.
  • Harvest or otherwise collect information about others, including email addresses.
  • Create a false identity for the purpose of misleading others
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Camera Bits has no obligation to monitor the Camera Bits Forums. However, Camera Bits reserves the right to review materials posted to the Camera Bits Forums and to remove any materials at its sole discretion. Camera Bits reserves the right to terminate your access to any or all of the Camera Bits Forums at any time, without notice, for any reason whatsoever.  Camera Bits reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Camera Bits does not control or endorse the content, messages, or information found in any Camera Bits Forums and specifically disclaims any and all liability with regard to the Camera Bits Forums and any actions resulting from your participation in any Camera Bits Forums.  Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of Camera Bits.

Materials uploaded to the Camera Bits Forums may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Copyright Infringement

Before you report a claim of copyright infringement to Camera Bits, we encourage you to seek legal assistance in reaching out to the party that has posted the infringing content.  Camera Bits will remove infringing materials in accordance with the DMCA if properly notified that any content infringes your copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at support@camerabits.com.  Your notice must contain the information by 17 U.S.C. §512©(3).

Materials You Post Or Deliver To Camera Bits

Camera Bits does not claim ownership of the materials you provide to Camera Bits, or post, upload, input or submit to the Camera Bits Forms (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Camera Bits a irrevocable, royalty-free, world-wide license to use your Submission in connection with the Site and Services, including, without limitation the right to: (i) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (ii) publish your name in connection with your Submission; and the right to sublicense such rights to any third-party.  No compensation will be paid with respect to the use of your Submissions.

Documents Available on this Site

Camera Bits allows use of the white papers, press releases, datasheets, FAQs, and other documents available on the Site, but excluding the design or layout of the Site (collectively, the “Documents”), provided that (1) any Documents used contain the statement: “This document is used with the permission of Camera Bits, Inc., 4055 NW Columbia Ave., Portland, OR 97229. © 2007. All rights reserved.”; (2) use of such Documents is solely for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (3) no modification or alteration is made to any Document used.  Accredited educational institutions, such as elementary schools, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom.  Distribution outside of the classroom requires the express written permission of Camera Bits, which may be held in Camera Bits’ sole discretion.  Use for any other purpose is expressly permitted by law, and may result in civil and criminal penalties.  Camera Bits reserves the right to prosecute violators to the fullest extent allowed by applicable law.

CAMERA BITS, INC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS OF THE DOCUMENTS  THE DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHCAL ERRORS.  CHANGES PERIODICALLY OCCUR.

Proprietary Rights

Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other applicable laws which prevent the copying or imitation of this Site in whole or in part.  No logo, graphic, sound or image from the Camerabits.com website may be copied or retransmitted unless expressly permitted by Camera Bits, Inc. Other than as expressly provided, Camera Bits owns all intellectual property rights, in the trademarks, service marks, logos, graphics, sounds, text, code, and other material and information (the “Intellectual Property”) displayed on or through the Site. Any use, including copying or retransmission, of our Intellectual Property without our prior written consent is strictly prohibited.

Links to Third Party Sites

The Site may contain links to other websites, services, or resources that aren’t controlled by Camera Bits. We do this only for convenience.  Camera Bits does not endorse or make any representation about any third-party site or anything contained on such sites.  If you access any third-party site through a link on this Site, you do so entirely at your own risk.  We are not responsible for anything on any linked site, any changes or updates to such linked site, or anything they do, don’t do, or promise.

Links from Third Party Sites

You may link to the Site if:                                                                                                                                                                                                   

  • You do not replicate the home page of the Site.
  • You do not create a frame or any other browser or border environment around the Site.
  • You do not link to Content on the Site that is made available only to users with a user ID and password.
  • You do not use logos or trademarks displayed on the Site.
  • You do not link to a website which contains content that is offensive, infringes the intellectual property rights or other rights of others, or violates applicable laws.

Software

Camera Bits makes certain of its software available to download from the Site (the “Software”).  Use of any Software is governed by the terms of the end user license agreement, which accompanies, or is included with, the Software (“License Agreement”).  An end user will be unable to install any Software that includes a License Agreement, unless he or she first agrees to the terms and conditions of the License Agreement.  The Software is made available for download solely for use by end users according to the License Agreement, which includes a limited warranty.

Return Policy.
All sales are final. However, under the terms and conditions of the End User License Agreement (EULA) provided with any Camera Bits software, you may be able to return any uninstalled software for a refund. If you qualify for and submit a valid claim under the Limited Warranty in the EULA that accompanies Camera Bits’ software, you may obtain warranty service.

Prices
All products bought through Camera Bits will include the price of the product, and does not include sales tax. Camera Bits reserves the right to change our prices displayed at any time, and from time to time.

Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” ON AN “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CAMERA BITS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, SECURITY, AND ACCURACY.  CAMERA BITS DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (B) THE SITE WILL BE FREE OF VIRUSES OR OTHER TECHNOLOGIES THAT CAN DAMAGE ITS USERS; © THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (D) THE TECHNOLOGICAL INFRASTRUCTURE OF THE SERVICE OR SITE DOES NOT INFRINGE ON THE PROPRIETARY RIGHTS OF OTHERS; (E) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (G) THERE IS OR SHOULD BE ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF THE SERVICES.

Limitation of Liability

YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING INFORMATION THROUGH THE USE OF THE SITE OR SERVICES.  CAMERA BITS SHALL NOT BE RESPONSIBLE FOR ACTS OR OMISSIONS BY ANY PARTY, INCLUDING BUT NOT LIMITED TO ANY PARTY WHO MIGHT HACK, INVADE, OR OTHERWISE DISRUPT THE SITE OR TAKE INFORMATION, INCLUDING CONTENT YOU PROVIDE, FROM THE SITE OR OTHERWISE.  CAMERA BITS ATTEMPTS TO ENSURE THAT THE SITE IS AVAILABLE 24 HOURS PER DAY AND THAT SERVICES ARE AVAILABLE AS SPECIFIED UPON REGISTRATION, BUT IT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IF THE SITE OR SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME. ACCESS TO THE SITE OR SERVICES MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAMERA BITS OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY NATURE WHATSEOEVER, RESULTING FROM OR ARISING OUT OF ANY ASPECT OF THE SITE OR THE SERVICES, USE OR MISUSE OF THE SITE OR THE SERVICED, ANY BREACH OF THIS AGREEMENT OR WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION: (I) INABILITY TO USE THE SITE OR THE SERVICE; (II) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES; (III) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE RELPACEMENT OF EQUIPMENT AND PROPERTY; OR (IV) ANY COSTS OF RECOVERING, PROGRAMMING, OR PRODUCING ANY SYSTEM, SOFTWARE OR DATA USED WITH PHOTO MECHANIC, EVEN IF CAMERA BITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CAMERA BITS OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES, IS YOUR DISCONTINUATION OF YOUR USE OF THE SERVICES AND SITE, IN LIEU OF ALL OTHER RIGHTS AND REMEDIES.  CAMERA BITS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME STATES, COUNTRIES, AND/OR PROVINCES DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold Camera Bits and any and all of its officers, members, service providers, suppliers, employees, and authorized representatives harmless from any and all liability, loss, claim, and expense, including court costs and reasonable attorneys’ fees, directly or indirectly arising out of or related to your use of the Site and or Services, any Submission, any breach of these Terms of Use by you, and your violation of the rights of any other person or entity.  Camera Bits reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Camera Bits, and you agree to cooperate with Camera Bits’ defense of these claims.

Modification and Termination of Services.

Camera Bits reserves the right to restrict your use of the Site and/or the Services. We may temporarily or indefinitely suspend your use of our Services, your Camera Bits Forums registration, or permanently deny you access to the Site, at any time and without prior notice, if you have violated these Terms of Use, or if, in our sole discretion, your continued use of our Site or Services would be contrary to law or regulation or is potentially injurious to other persons or is otherwise not in the best interests of the Camera Bits community. All terminations, limitations of access and suspensions for cause shall be made by Camera Bits in its sole discretion. Camera Bits may modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice, and you agree that Camera Bits shall not be liable to you or to any third-party for any modification, suspension, or discontinuance.  Camera Bits shall not be liable to you or any third party for any termination of your Camera Bits Forums registration. Termination of your Camera Bits Forums registration includes any or all of the following: (a) removal of access to all or part of the offerings within the Services; (b) deletion of your password and all related information, files and Content associated with or inside your member account (or any part thereof); and © barring of further use of all or part of the Services.

Restrictions on Class Action Claims

You agree that any and all disputes, claims, or controversies arising out of or related to the Site and/or the Services (“Disputes”), shall be resolved on an individual basis in a court of competent jurisdiction. There shall be no right or authority for any Disputes to be resolved on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated.

Arbitration of Disputes

You agree that any Dispute asserted against Camera Bits, or its officers, members, employees, or authorized representatives will be brought exclusively with the Arbitration Service of Portland (“ASP”) in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration. The judgment rendered by the arbitrator will be binding on you and Camera Bits, and may be entered in any court of competent jurisdiction.

Miscellaneous

These Terms of Use – which, as stated above, expressly incorporates by reference the Privacy Policy – is the entire agreement between you and Camera Bits relating to the subject matter of these Terms of Use. If for any reason anything on or associated with the Site and/or Services is in conflict or inconsistent with these Terms of Use, these Terms of Use are controlling. If a provision of these Terms of Use is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Terms of Use will not be impaired. No waiver by Camera Bits of any of the terms and conditions of these Terms of Use will be deemed a continuing waiver or waiver of any of the other terms and conditions of these Terms of Use, and our failure to act with respect to any breach of the Terms of Use does not waive our right to act with respect to subsequent or similar breaches. The Terms shall be governed by the laws of the State of Oregon. The prevailing party in any legal action arising out of or relating to these Terms of Use shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements determined by a court or arbitrator.

The Site is provided by Camera Bits, Inc., an Oregon corporation located at 472 S 1st Ave., Hillsboro, Oregon 97123, and email at katie@camerabits.com.  Please contact Camera Bits at the above addresses for any issues or complaints about the Site and/or Services.