My Cathay Photo – Terms of Service

1. ACCEPTANCE OF TERMS

My Cathay Photo is an online service that is a part of Cathay Photo Store Online, which is owned and provided by Cathay Photo Store (Pte) Ltd (“Cathay Photo”, “we” and “us”, as deemed appropriate). By using any of the services offered in My Cathay Photo, as defined below, you agree to abide by the following Terms of Service (“Terms”), which may be updated by us in our sole discretion from time to time without notice to you.

2. DESCRIPTION OF SERVICE

My Cathay Photo provides access to a range of information and interactive activities (“Service”) that aim to promote photography among its users, including but not limited to:

  • My Cathay Photo Gallery (“Gallery”) – Photo Uploading and Sharing
  • Ask The Experts – Submission of your photography-related questions to our panel of experts. While we will endeavor to answer your questions, we are not obliged to do so and we reserve the rights to post and/or answer only selected questions in this section without prior notice. The time frame for responding to your questions may take up to two weeks or more.
  • Photo Happenings – Viewing of the latest updates on photography events, schools and their courses. If you have any events or courses that you would like us to feature in this section, please email the details, including an image that best represents the event or course, to photohappenings@cathayphoto.com.sg. The rights to publish your events and/or courses will be fully owned by Cathay Photo.

3. YOUR DECLARATION

By registering for this service, you declare that you are of legal age to form a binding contract and have not been barred from receiving services under the laws of Singapore or other applicable jurisdiction.

You also agree to provide true, accurate, current and complete information about yourself as required in the registration form and continue to keep this information updated. Should the information at any time be proven untrue, inaccurate, outdated or incomplete, or deemed to be so by Cathay Photo, we reserve the right to suspend or terminate your usage of our services.

4. OUR PRIVACY POLICY

Upon your successful registration for this service, the personal information that you have provided us with will be collected and recorded for future communication purposes, including our I-Touch @ Cathay Photo email service.

We respect your privacy and therefore will not sell or rent your personal information to anyone. However, we will share this information with other companies or people only under the following circumstances:

  • You have given your consent to share this information;
  • It is necessary to share this information in order to provide the service that you have requested;
  • It is necessary to share this information with companies who work with or on behalf of us to provide you with the service you have requested. These companies, however, do not have the right to use the information for any other purposes apart from assisting us in your request;
  • We are instructed to do so in response to subpoenas, court orders or legal processes; or
  • Your action(s) on My Cathay Photo has violated our Terms.

5. YOUR ACCOUNT SECURITY

You are solely responsible for the confidentiality of your username and password which were created for your account on My Cathay Photo, as well as all activities carried out under this account. Cathay Photo cannot and will not be held liable for any loss or damage arising from any unauthorized breach of security or your failure to comply with this section.

6. YOUR CONDUCT

You understand that you are solely responsible for all information, photographs or other materials (“Content”) which you have uploaded, posted, emailed, transmitted or otherwise made available via the Service. Cathay Photo does not guarantee the accuracy, integrity or quality of such Content and under no circumstances will we or our directors, employees, partners, agents, vendors or co-branders be liable in any way for any Content, including but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree not to use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, subversive, hateful or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
  2. impersonate any person or entity, including but not limited to, a Cathay Photo administrator or employee or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or any Content that infringes any patent, trademark, copyright or other proprietary rights of any party as detailed in Section 7; and/or
  4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You acknowledge that Cathay Photo may or may not pre-screen the Content, but that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Cathay Photo shall have the right to remove any Content (whether or not provided by you) that we believe in good faith violates the Terms or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cathay Photo or submitted to Cathay Photo.

7. INTELLECTUAL PROPERTY RIGHTS

Cathay Photo respects the intellectual property rights of others and for this reason, all images uploaded on My Cathay Photo must be owned and created by you, and must not infringe any copyright or other proprietary rights of any party. If you would like to share the images owned and created by a third party, you agree to seek the consent or approval of the owner(s) before uploading and sharing these images.

At any time, should you be found uploading and sharing images without the consent or approval of the owner and creator, we will remove the said images without prior notice and terminate your account immediately. If you believe that any of the images published in the Gallery infringes upon any copyright that you own or control, you may file a notification of infringement to us at copyright@cathayphoto.com.sg.

The ownership of the uploaded images will remain with the owner and creator, and Cathay Photo has no intention or interest in owning or selling them. On your part, you agree to give Cathay Photo the right to display your uploaded images on any part of Cathay Photo Store Online in relation to promoting the Gallery, with a link back to your original posting.

8. INDEMNITY

You agree to indemnify and hold Cathay Photo and its directors, employees, partners, agents, vendors or co-branders harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another or your breach of any applicable law.

9. LIMITATION OF LIABILITY

You understand and agree that Cathay Photo and its directors, employees, partners, agents, vendors or co-branders shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, loss of data or other intangible losses, even if we have been advised of the possibility of such damage(s), resulting from the use or inability to use this Service or any other matter relating to this Service.

10. TERMINATION

You agree that Cathay Photo may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Causes for such termination shall include but not be limited to breaches or violations or purported breaches or violations of the Terms or other incorporated guidelines or agreements, requests by law enforcement or other government agencies, a request by you, discontinuance or material modification to the Service (or any part thereof) and/or unexpected technical or security issues or problems. All terminations will be made in our sole discretion and we shall not be liable to you or any third party for any termination of you account or access to the Service.