This Agreement governs the Terms and Conditions for the Klatz Site. This Site is owned and operated by Depositphotos Inc. Access to all Site files and functions is given to the User on the condition that he/she accepts and agrees with the Terms and Conditions of the Site. Use of the Site indicates the User’s consent with these Terms. If the User does not agree with the current Terms and Conditions, he/she should leave the Site.
Klatz retains the right to revise and change the Terms and Conditions at any time without notification of the User. The User agrees that to gain full and updated information on the Terms and Conditions he/she should periodically review this section. The User’s ongoing use of the Site after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes.
The User has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The User agrees to use the Site entirely within the lawful and intended limits.
All of the Site assets, including the system of organization and presentation of the files at the Site, are the property of Depositphotos and its shareholders, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.
Klatz regularly updates technical, content and other information on the Site. Nevertheless, Klatz makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. Klatz is able to add, review or delete information, resources and services posted on the Site. Also, Klatz reserves the right to make changes to the Site without prior notification.
There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by Klatz. Also, Klatz does not warrant their safety and accordance with the User’s expectations. Klatz shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from Klatz, or to the use of services available from third-party sites.
At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses. Klatz is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files from the Site. Klatz strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.
The Site content and the Site itself are provided for review and use without any personal interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. These warranties include conditions and warranties of merchantability. Klatz does not guarantee that the Site content, its work or the Site as a whole will meet the expectations and requirements of the User, nor that the process of its usage will be faultless and without interruption for reason.
The User confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Site without limitations. Klatz and also its employees, management, partners, shareholders, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these Terms and Conditions Use, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event Klatz was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not. Total aggregate liability of Klatz in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed ten US dollars ($10.00).
Consenting to the terms of this Agreement, the User agrees to indemnify, defend and hold Klatz, its affiliates, its Content contibutors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Klatz parties") harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Klatz Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any of the terms of this Agreement.
Klatz respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to Klatz including the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;
Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached;
Description of the place at the Site where this material was placed;
The e-mail address, phone number and physical address of the User;
The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner;
A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that the statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.
The letter including all of the above data should be addressed to the CEO of Klatz, Inc. and submitted by e-mail at firstname.lastname@example.org.
The validity, interpretation and enforcement of this Terms and Conditions, matters arising out of or related to performance or breach of this Terms and Conditions, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Terms and Conditions, matters arising out of or related to performance or breach of this Terms and Conditions, and related matters, shall be brought exclusively in the State or Federal courts located in the State and County of New York. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Terms and Conditions.
Klatz’ failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms and Conditions can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms and Conditions can be fulfilled partially or in full.
For any questions in connection with the provisions of this document, please contact Klatz using the contact information below.
Address: 115 West 30th Street, Suite 1110B, New York, 10001, United States
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF Klatz AGREEING TO PROVIDE THE CONTENT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND Klatz, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND Klatz RELATING TO THE SUBJECT OF THIS AGREEMENT.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.