Last revised August 08, 2016
What is lateXperiment?
LARUM.photography offers content (all, collectively, the “LARUM.photography Services“), which provide:
- The Site: for creating unique personal accounts and accessing the LARUM.photography Services
- Content: such as images, video and accompanying audio we host, provided by us
- Other: any other features, content, mobile services, bonus content, LARUM.photography-branded URLs or applications offered from time to time
Who Can Use the Site?
- Visitors, Members or Subscriber: If you’re just browsing the Site and haven’t signed up with us, you’re a “Visitor.” If you’ve gone through the steps to sign up with us, you’re a “Member or Subscriber” But whether you’re a Visitor or a Member or a Subscriber, we think of you as a “User.” Unfortunately, Membership and Subscriptions is void where prohibited, so you might not be able to join.
- What That Means To You… Some of the LARUM.photography Services are available only to its Members and Subscribers, while others are available to all Users.
- And What That Means To Us… You’re eligible to be a Member or Subscriber because you’ve assured us that:
- What you told us when you signed up as a Member or Subscriber was true;
- You’ve given us a valid email address;
- You’ll notify us if something changes;
- You are 14 years of age or older;
- You’re not breaking any laws when you use the LARUM.photography Services; and
We trust and respect the Users of LARUM.photography and expect all Users to respect some simple rules to help foster the Site. This means:
- You can use the Site and be a Member or Subscriber as long as you follow the Terms, including any revisions we may make.
- If you become a Member or Subscriber, you’ll need to come up with a password to use the Site. Make it a good one! We’d suggest using numbers, symbols and letters in both lower case and upper case.
- Please note that it is our policy to terminate the accounts of Members who repeatedly infringe the rights of others on the Site or commit illegal acts or violate these Terms. If you do any of these things, we may deny, restrict or suspend your access to all or any part of the Site or LARUM.photography Services or terminate your Membership or Subscription at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability – and even take legal action if needed.
- You may leave the community at any time you wish, but we hope you come back. Even after your Membership or Subscription and/or your use of the Site is terminated, you will still be responsible for the promises you have made to us about our Content and you’ll be responsible for any damages that result from your breaking those promises as further outlined below.
Cost and Pricing
- Visiting: There is no cost to visit the Site.
- Free account: Each individual User gets one free account.
- Member account: This is a higher level account, which permits greater use of the Site, which may include more content – but there is a cost.
- Subscriber account: This is a higher level account, which permits greater use of the Site, which may include access to all of our content – but there is a cost.
- Refunds: If you entered the Member area or Subscriber area just once, we will not refund your membership fees. Unfortunately, after you entered the Member area or Subscriber area we won’t refund any fees you’ve already paid because we can not take back what you have already seen or downloaded. Digital products are not refundable.
Other Important Things You Need To Know
- If you use the Site and the LARUM.photography Services and community, you are subject to some limits on things you can do, and we can investigate and take appropriate legal action against anyone we think is violating the Terms.
- You shouldn’t do anything that disrupts the Site or the way it functions; anything that interferes with other User’s enjoyment of the Site or using the Site to deceive people.
- Prohibited activities include: forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site or LARUM.photography Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site; covering or obscuring the banner advertisements on your personal profile page, or any LARUM.photography page via HTML/CSS or any other means, whether by HTML, CSS or some other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content; making any automated use of the system, such as, but not limited to, using scripts to send images or videos; interfering with, disrupting, or creating an undue burden on the LARUM.photography Services or the networks or services connected to the LARUM.photography Services; impersonating or attempting to impersonate another User, person or entity; selling or otherwise transferring your profile; using any information obtained from the LARUM.photography Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures; collecting or storing personal data about other users without their express permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; scraping the Site by the use of crawlers, bots or other automated mechanisms. Finally (though this should go without saying), using the Site in a manner that violates any laws.
- You are solely responsible for your interactions with other Members, although we reserve the right to intervene for the benefit of the Site, if need be.
- Our Site is hosted in Germany. There may be fewer protections for you in your country than here.
- These Terms are governed by, and interpreted in keeping with, the laws of Germany, regardless of any conflict of law provisions. You and LARUM.photography agree to submit to the exclusive jurisdiction of the courts located within Cologne, Germany to resolve any dispute arising out of the Agreement or the LARUM.photography Services. YOU AND LARUM.photography HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- The Site is as Good as its Members and Subscribers: As a Member or Subscriber of the Site, if you become aware of misuse of the LARUM.photography Services by any person, please email mail ‘at’ larum.photography and include in your email a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the LARUM.photography Copyright below. Thanks for helping make lateXperiment.com a great place to visit!
- Questions? Please contact us at: mail ‘at’ larum.photography
- You use the Site at your own risk and the Site and services are provided “AS IS.”
- We’re not saying that the Site will meet any of your specific needs or that you’ll get any particular results if you use the Site. We’re not responsible for the conduct of other Users’ conduct on- or off-line.
- While we make an effort to keep the Site up and running at all times, we’re also not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
- We’re not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
- The Site may contain links to other websites, wholly unrelated to LARUM.photography – even if posted on the Site. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of that other site. You should check out that site’s terms and policies.
Things to Keep in Mind
(Though everything in these Terms is a binding contract, we need to let you know the following.)
- Limitation on Liability. IN NO EVENT SHALL LARUM.photography BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE LARUM.photography SERVICES, EVEN IF LARUM.photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LARUM.photography’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LARUM.photography FOR THE LARUM.photography SERVICES DURING THE TERM OF MEMBERSHIP.
- Some Obligations Continue Even After You’ve Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and LARUM.photography Services. Obligations you owed to us and Users of the Site which by their nature are intended to survive closing or termination will survive.
LARUM.photography respects the intellectual property rights and expects it’s users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, LARUM.photography will respond expeditiously to notices of alleged infringement that are reported to LARUM.photography Designated Copyright Agent, identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice“)
1. Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the LARUM.photography website where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
* “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
* “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to LARUM.photography’s Designated Copyright Agent:
mail ‘at’ larum.photography
Fax: +49 221 9626 1517
LARUM.photography does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. LARUM.photography reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, LARUM.photography will also terminate users whom it determines to be repeat infringers.