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19 Mar 2024

SLR LOUNGE, LLC
Terms Of Use Agreement
You should carefully read the following slr lounge terms of use agreement (the “terms of use” or “agreement”). If you do not agree with all of the terms of this agreement, you must click “reject.” if you reject this agreement your account along with all accompanying information will be deleted immediately.
Hello future members and members of the slr lounge community. We would like to express our gratitude to you all for choosing slr lounge. We at slr lounge implore you to give your utmost and undivided attention to the proceeding paragraphs, for they are the peanut butter and jelly of our slr lounge sandwich. Inside these walls you will find the rules to the most spectacular photography community of all time. By accepting the following terms of use you accept all liability, not only those specified in this terms of use agreement but also all implied terms and terms yet to be made manifest by slr lounge. Regardless if you are accessing slr lounge by personal computer desktop, /laptop computer, mobile phone with internet or any other internet-capable device which is internet capable.
The SLR Lounge serves as a temporary platform and as such all accumulated user experience points (XP), achieved levels, image uploads, profile information, and comments are subject to reset at the discretion of SLR Lounge, LLC without prior consent of the user.
The SLR Lounge website and online services, including all of their respective features (collectively referred to herein as the “Website”), are made available by SLR Lounge, LLC (“SLR Lounge”) and all content and information provided on and through the Website (“Content”) may be used solely under the following terms and conditions:
1. Website Limited License. As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with the terms herein.
2. Limitations on Use. The Website and the Content on this Website is for your personal use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without SLR Lounge’s prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Content is prohibited. You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Website of the Content. SLR Lounge reserves the exclusive right to create derivative works based on the Website. You may not create derivative works based on the Website without SLR Lounge’s prior written consent.

3. Disruption of Service by User. You are not allowed to disrupt or assist in the disruption of (a) any computer used to support the Website or (b) any other performing part of the SLR Lounge experience. Any attempt by you to disrupt or undermine the legitimate operation of the program may be a violation of criminal and civil law.
4. Accounts and Permitted Use
4.1 Establishing an Account. You are allowed to create one (1) user account (the “Account”). Each user is limited to only one account. You will be asked politely and also be required to supply SLR Lounge with certain personal information to gain full access to the Website and also to become eligible for the awarding of prizes and/or gifts. Your failure to provide accurate information to SLR Lounge when requested or to update said information as it changes shall constitute a material breach of this binding contract between you and SLR Lounge.
During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as “Login Information”). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of SLR Lounge.
4.2 Premium Memberships. SLR Lounge provides its Premium Membership on a subscription basis. By becoming a Premium Member to SLR Lounge, you agree to pay all charges to your account in accordance with the billing terms in effect when payment is due. SLR Lounge reserves the right to modify or add additional fees and billing terms, upon prior notice. Unless you terminate your account prior to the end of each annual period, your annual subscription will automatically renew one year after your registration date, but you will be sent a reminder email before your membership renews. Subscribers must keep their registered email addresses and other account information current, as SLR Lounge may send important notices, such as reminders about the expiration of your membership to that email account. If we are unable to process your credit card payment, your account will not be activated until such funds are processed.

There are no refunds for our premium memberships.

4.3 Permitted Use/Restrictions. SLR Lounge grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to use the SLR Lounge account.
The SLR Lounge account is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

5. Protecting Usernames and Passwords. During this process you will be required to create a username and password. You must make them unique to your account. You shall not share the account, username and/or password with anyone other than as expressly set forth herein. If you share your account, username and/or password, SLR Lounge may, in its sole discretion, disqualify you from the competition and delete your account. Notwithstanding anything to the contrary herein, you expressly acknowledge and agree that you shall have no ownership or other property right or interest in the account that you will set up with SLR Lounge. You also expressly acknowledge and agree that all rights in connection to your account are the full and express property of SLR Lounge.
6. Eligibility. You expressly agree that you are 18 years of age or older and hereby agree to abide by all laws in the Jurisdiction in which you live or from where you access the Website. Prizes and awards may not be awarded in all areas, and it is your sole responsibility to find out whether prizes may be awarded in your area. SLR Lounge expressly disclaims any responsibility to provide for or deliver prizes in areas or jurisdictions where they are not allowed. SLR Lounge also will not ship prizes internationally, meaning outside of the continental United States. After shipping any prize or award, SLR Lounge is no longer liable for the prize or award to the winner.
7. Rules of Conduct. You must abide by the following rules and laws of conduct (the “Laws of Conduct”). Failure to do so may result in termination of your account and loss of any award or prize. The following Laws of Conduct may be amended in the sole discretion of SLR Lounge with or without notice to you.
a. Rules Related to Usernames. When you choose a character name or otherwise create a label that can be seen by other players using the Website you must abide by the following guidelines as well as the rules of common decency. If SLR Lounge finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding archives, and/or suspend or terminate your use of the Program.
In particular, you may not use any name:
1) Belonging to another person with the intent to impersonate that person, including without limitation an employee or agent of SLR Lounge;
2) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
3) Subject to the rights of any other person or entity without written authorization from that person or entity;
4) That belongs to a popular culture figure, celebrity, or media personality;
5) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
6) Belonging to any religious figure or deity;
7) Related to drugs, sex, alcohol, or criminal activity;
8) Comprised of partial or complete sentence (e.g., “Inyourface”, “Welovebeef”, etc);
9) Comprised of gibberish (e.g., “Asdfasdf”, “Jjxccm”, “Hvlldrm”);
10) Referring to pop culture icons or personas (e.g. ” “Lady Gaga”, “Austinpowers”, “Batman”)
11) That utilizes “Leet” or “Dudespeak” (e.g., “Roflcopter”, “xxnewbxx”, “Roxxoryou”)
12) That incorporates titles. For purposes of this subsection, “titles” shall include without limitation ‘rank’ titles (e.g., “CorporalTed,” or “GeneralVlad”), monarchistic or fantasy titles (e.g., “KingMike”, “LordSanchez”), and religious titles (e.g., “ThePope,” or “Reverend Al”).
13) You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions. You shall not use any username that is offensive in any way to any person. If you use an offensive name SLR Lounge, in its sole discretion reserves the right to delete, dismiss, suspend, remove or change the name on said account.
b. Rules Pertaining to “Commenting” and Other Interactions with Other members. Communicating with other members is an inseparable part of the SLR Lounge experience and is referred to as “Commenting” in this document. You understand that SLR Lounge may record any and all comments on the submissions and forum, and you hereby consent to such monitoring. Your comments may be subject to monitoring, review, modification, disclosure, and /or deletion by SLR Lounge without notice. You hereby further acknowledge that SLR Lounge is not under any obligation to monitor Commenting and that you engage in Commenting at your own risk. When engaging in Commenting, game play, loitering, or surfing on the Website you may not:
1) Transmit or post any content or language which, in the sole and final discretion of SLR Lounge is deemed to be offensive, including without limitation, content or language that is unlawful, harmful, defamatory, vulgar, rude, obscene, hateful, abusive, threatening, harassing, or otherwise objectionable. Nor may you use any method to circumvent the content and language restrictions written herein.
2) Carry out any action with a disruptive effect such as intentionally causing the Commenting session to scroll faster, so that other members cannot participate or even view what is being typed.
3) Post or communicate any member’s personal information or on other websites, blogs or forums.
4) Espouse bots or any other automated techniques to collect, gather or store information from the Website.
5) Embarrass, threaten, harass, stalk, cause distress, or any unwanted attention or discomfort to any member of the Website.
6) Cheat or use “exploits” that gives you an unfair advantage while using the Website.
7) Participate in any action that, in the sole opinion of SLR Lounge, results or may result in the unauthorized user of the Website or its members being “scammed” or becoming the victim of identity theft through the nefarious, harmful use of personal information.
8) Impersonate any real person, including but not limited to an SLR Lounge employee or agent.
9) Offensive language and content in user’s submissions will be closely monitored. Any findings of such content may result in account termination or suspension.
10) Collect or harvest email addresses or other contact information of other users from the service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
11) Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
c. Rules Related to User Play. Community interaction is the very core and heart of SLR Lounge and SLR Lounge strictly enforces the rules that govern your play. However, prohibited playing acts shall include, but are not limited to:
1) Using or exploiting errors in design, features which have not been documented, and/or “Website bugs” to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
2) Conduct prohibited by these Terms of Use, including without limitation that conduct prohibited by Section 2(C); and
3) Anything that SLR Lounge considers contrary to the “essence” of the Website.

8. Security of Login Information. You are hereby responsible for maintaining the confidentiality of your login information, and you will be responsible for all uses of your login information. If you become aware of a security breach, including but not limited to any theft, loss or unauthorized disclosure of your login information, you must notify SLR Lounge by emailing-contact@slrlounge.com. Failure to do so may cause irreparable harm to your account and the accounts of other members. While SLR Lounge takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL SLR LOUNGE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SLR LOUNGE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

9. SLR Lounge’s Absolute Right to Suspend, Terminate, or Delete any Account. SLR Lounge may suspend, terminate, modify, or delete any account at any given time with or without reason and with or without notice. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use.
Upon the termination of your membership, you will not receive a refund for any fees previously charged to, or still remaining, on your account.
10. Ownership and/or Selling a Member’s Account. All rights and title in and to the Website (including without limitation any user accounts, titles, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, methods of operation, moral rights, any related documentation, “applets” incorporated into the Program, and archives of past submissions) are owned by SLR Lounge, LLC. The Website is protected by United States and international laws. SLR Lounge is the sole owner of all accounts, and members do not obtain or retain any rights thereto. Furthermore, SLR Lounge does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. SLR Lounge owns, has licensed, or otherwise has rights to all of the content that appears in the Program. You agree that you have no right or title in or to any such content or any other attributes associated with the Account or stored on the Service.

11. Accuracy of Information. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Website or materials linked from the Website is at your own risk.

12. Intellectual Property Rights. Except as expressly provided under these terms of use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, which are the sole property of SLR Lounge and its partners.

12.1 Content Copyright.  While the ideas presented on SLR Lounge are not owned by anyone, the expression of these ideas via the textual content is property of SLR Lounge. Do not copy, word-for-word, any of the content on SLR Lounge for your own website without direct consent from SLR Lounge, unless you are you using it as a reference and granting credit to SLR Lounge. Also, do not present identical or near-identical information without the consent of SLR Lounge.

12.2 Image & Video Copyright. You may embed the videos from the SLR Lounge Youtube Channel as long as they remain unaltered and link credit is given back to SLR Lounge

12.2 Blog Theme Copyright.  You have rights to use the free resources, such as the blog themes and the plugins. You are also free to alter these resources. However, you are not allowed to remove any link credit given to SLR Lounge or its partners; and you are not allowed to distribute these resources for profit.

12.3 Awards, Contests, Critique and User Submissions. SLR Lounge does not claim ownership of the images submitted by the user. User retains ownership and copyright of the images. By submitting to our site, user affirms and warrants that user has the legal authority to grant to SLR Lounge the right to display the Images. User grants SLR Lounge the right to use all user submitted images as part of the education provided by SLR Lounge on the website and partner websites.  For example, images submitted to the critique section of SLR Lounge may be used in videos and workshops to help educate viewers on photography concepts.

13. Acknowledgment of Proprietary Materials. You hereby acknowledge that the Website and all other materials provided to you by SLR Lounge through or on the Website (collectively, the “Materials”) are protected by the copyright laws of the United States and other countries and that the Materials embody the valuable, confidential, and trade secret information of SLR Lounge, the development of which required the expenditure of considerable time and money by SLR Lounge.
14. Proprietary Markings. You hereby agree to ensure that all copyright, trademark and other proprietary notices of SLR Lounge affixed to or displayed on the Website or Materials will not be removed, obscured or modified.
15. SLR Lounge Trademarks. You acknowledge that SLR Lounge is the owner of all right, title and interest in and to all the trademarks relating to the Materials and the Website, together with any new or revised names, designs or designations that SLR Lounge may adopt to identify it or any Materials or Website, and you agree not to adopt or use any such trademarks in any manner whatsoever except as expressly provided for herein.
16. Confidential Information. You hereby agree to hold any information, materials and data made available to you by SLR Lounge that reasonably should be understood to be confidential (collectively, “Confidential Information”), in confidence and agree not to use, copy, or disclose, or permit any of your personnel to use, copy, or disclose the same for any purpose that is not specifically authorized herein.
17. Disclaimer. This website is provided on an “as is” basis. SLR lounge expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. SLR lounge disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this website or any portion thereof, (d) your use of this website, or (e) your use of any equipment or software in connection with this website.
18. Limitation of liability. SLR lounge nor its parent, subsidiaries, licensors or affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website and the materials or any facts appearing on or through the materials and the website. SLR lounge shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or its content.

19. Force Majeure. SLR Lounge shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SLR Lounge, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SLR Lounge’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

20. Acknowledgements.
You hereby acknowledge and agree that:
a. When the program is running, SLR Lounge may obtain certain identification information about your computer and its operating system, including ip address(es) and operating system(s), for purposes of improving the program and/or the service, and to police and enforce the provisions of this agreement.
b. SLR Lounge may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. SLR Lounge may use or disclose your personal information if SLR Lounge believes that doing so may protect your safety or the safety of others.
c. SLR lounge may record your electronic communications transmitted or received through the game and you consent to such monitoring or logging.
21. No Solicitation. You shall not distribute on or through the Website any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the SLR Lounge No person or entity may solicit any persons or entities with data retrieved from this Website.
22. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. SLR Lounge will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
23. Errors and Corrections. SLR Lounge does not represent or warrant that the Website will be free of errors and of viruses or other harmful components, or that defects will be corrected. SLR Lounge does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. SLR Lounge may make improvements and/or changes to its features, functionality or Content at any time without notice.
24. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. SLR Lounge shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, misconduct or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of SLR Lounge
25. Unlawful Activity. SLR Lounge reserves the right to investigate complaints or reported violations of the terms herein and to take any action it deems appropriate including but not limited to 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 user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.
26. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold harmless SLR Lounge from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these terms, your use of the Website, or your violation of any rights of a third party.
27. Remedies for Violations. SLR Lounge reserves the right to seek all remedies available at law and in equity for violations of these terms, including but not limited to the right to block access from a particular Internet address or user to SLR Lounge’s Website and its features. In the event that you breach this Agreement, you hereby agree that SLR Lounge would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that SLR Lounge shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as SLR Lounge may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

28. Governing Law and Jurisdiction. These terms are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

29. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and SLR Lounge agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. SLR Lounge will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to SLR Lounge, LLC,

30. Binding Arbitration. If you and SLR Lounge are unable to resolve a Dispute through informal negotiations, either you or SLR Lounge may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, SLR Lounge will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and SLR Lounge may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

31. Restrictions. You and SLR Lounge agree that any arbitration shall be limited to the Dispute between SLR Lounge and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

32. Exceptions to Informal Negotiations and Arbitration. You and SLR Lounge agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or SLR Lounge’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

33. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the State of California, United States of America, and you and SLR Lounge agree to submit to the personal jurisdiction of that court.

34. Governing Law. Except as expressly provided otherwise, this Agreement shall be, is governed by, and will be construed under, the Laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Website as supplied by SLR Lounge to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

35. Severability. You and SLR Lounge agree that if any portion Section 16 is found illegal or unenforceable (except any portion of 16(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 16(d) is found to be illegal or unenforceable then neither you nor SLR Lounge will elect to arbitrate any Dispute falling within that portion of Section 26(d-exceptions to informal negotiations and arbitration) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the State of California, United States of America, and you and SLR Lounge agree to submit to the personal jurisdiction of that court.

36. Severability of Provisions. If any provision of these terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

37. Modifications to the Terms of Use Agreement or the Website. SLR Lounge reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Website, hours of availability, content, data, software or equipment needed to access the Website, effective with or without prior notice; provided, however, that material changes (as determined in SLR Lounge’s sole and absolute discretion) will be disclosed as follows: SLR Lounge will provide you with notification of any such changes to the Website by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Website and related Account. Your continued use of the Website following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. SLR Lounge may change, modify, suspend, or discontinue any aspect of the Website at any time. SLR Lounge may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability.

38. Termination.
This Agreement is effective until terminated. You may terminate this agreement through discontinued use of your account for the duration of 6 months or more. After 6 months of inactivity the account will be deleted from our user database. SLR Lounge may terminate this Agreement with or without notice by terminating your Account.

39. Winning a Prize and Receiving the Prize. Having won a prize, whether it be from SLR Lounge or one of our sponsors, SLR Lounge will not be held liable if the prize does not end up in winners possession. Products sold by our sponsors through advertising on our website or by means of link(s) from our website are separate entities not affiliated with SLR Lounge. If user of said services feel they have been dealt with improperly, SLR Lounge is not responsible, user will buy at his or her own risk. SLR Lounge is not liable for any problem or concern that should arise out of dealings with sponsors of the site. Furthermore SLR Lounge will not refund or exchange any prize at anytime. Also SLR Lounge will not ship prizes internationally. However, we still want you international SLR Loungers to play. These rules and any other implicated rules and regulations apply hereto forever.

40. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

41. Trademarks. SLR LOUNGE is a registered trademark and as such any use of it is unlawful, unless provided express consent by the ownership of SLR Lounge. Any use of the trademark SLR LOUNGE may result in legal action.

42. Miscellaneous. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and SLR Lounge concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and SLR Lounge. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
ON BEHALF OF SLR LOUNGE WE WANT TO THANK YOU FOR STICKING IT OUT TILL THE END, YOU HAVE SHOWN GREAT PERSEVERANCE, EVEN IN THE EYE OF GREAT BOREDOM.
I HEREBY ACKNOWLEDGE, ADMIT, CONFESS, AND ATTEST THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE PROGRAM AND/OR SERVICE (WHICH ARE THE MOST INGENIOUS BY DESIGN) IS AN ACKNOWLEDGMENT TESTAMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS (NO MATTER HOW VAPID OR HUMDRUM THEY MIGHT BE) OF THIS TERMS OF USE AGREEMENT. IF YOU SO AGREE, PLEASE CHECK THE BOX. WELL GO ON NOW AND CHECK THE BOX, WE’RE WAITING FOR YOU.

43. SLR Lounge Awards.

Entrant must own, without restriction, all rights to any images submitted to SLR Lounge Awards.
Entrant must have a model release from all identifiable subjects in any image submissions.
Submissions must not have been taken at a workshop under the guidance of an instructor.
SLR Lounge reserves the right to disqualify and reject any images submitted for any reason.
SLR Lounge reserves the right to ban any user for knowngly breaking any of the rules set forth in these terms of use.
Entrant grants SLR Lounge and CreativeLive the non-exclusive, royalty-free, perpetual, irrevocable, universal right and license to distribute, display, critique, modify and create derivative worksfrom the entries online so that viewers may see all entries and for use in SLR Lounge and CreativeLive’s performance, marketing and promotional materials

3 Comments

  1. Jim Weidenfeller

    Once again Adobe goes back on its word. “We are going to keep Lightroom and will update it in the future without he “cloud”. Thank goodness we now have options. Adobe doesn’t really give a rat’s )(*& about photographers as long as it grabs more money and gives less.

  2. William Griffin

    ok

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