To jump to a particular section, use links below:

• Acceptance
• Nature of Service
• Registration, Privacy, Customer Information and Use of Customership Information
• Customer Account
• Payments
• Comments to the Website
• Personal and Non-Commercial Limitation of Use
• Commercial Limitation of Use
• Disclaimer of Warranties and Limitation of Liability
• Indemnification
• Links to Third-Party Sites
• Copyright, Trademarks and Limitations of Use
• Modification of These Terms and Conditions
• Refunds
• Termination
• Equipment
• Privacy

Acceptance

TulioVasques.com (the “Website” or “We”) provides its services or products (the “Product or Service”), to you (the “User” or the “Customer” or “You”) subject to the following Terms of Service, which may be updated from time to time with or without notice. By using the Service, You agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to this Website, Product or Service provided by TulioVasques.com. Please read this document carefully, as it is intended to protect You and to ensure that TulioVasques.com is safe for everybody.

 Persons under the age of eighteen (18) years old are not permitted to register for Customership with this Website. By registering, You certify that You are at least eighteen (18) years old. You agree that all information You provide during the registration is accurate. We reserve the right to terminate Your Customership without notice if we learn that You have violated these Terms of Service or any other guidelines and rules published by TulioVasques.com. Any such termination shall be in our sole discretion.

 This Website is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Website constitutes Your agreement to all such terms, conditions, and notices. The right to use this Website and any other Product or Service offered by TulioVasques.com, is personal to You and is not transferable by assignment, sublicense, or any other method to any other person or entity.

Nature of Service

TulioVasques.com is a Website where visitors buy photos.

We provide this Website to make photo image files available for sale. TulioVasques.com hosts digital images – We do own them and retain the ownership and copyrights of all the images. TulioVasques markets itself to Image Buyers. TulioVasques acts as the processor of the payments for image licenses and maintains records of all sales. Proceeds for the sales are paid to TulioVasques in accordance to terms outlined in the Payments section of this document.

Customers of the Website can participate in the process of submitting feedback on photos (collectively referred to as ratings and/or comments), and participate in the online private and/or public discussions (collectively referred to as forums).

Registration, Privacy, Customer Information and Use of Customership Information

Some of the Products and Services will require the User to register and provide certain data. Customers shall provide TulioVasques.com with true, accurate, complete, and updated information as to his or her name and email address during the registration process. Customers also hereby agree to maintain and promptly update the registration data to keep it true, accurate, current and complete. No Customer may:

•  select or use a Username or email address of another person with the intent to impersonate that person.
• use a Username or email address subject to the rights of any person other than Customer without authorization.
• use a Username in violation of the intellectual property rights of any person.
• use a Username that TulioVasques.com, in its sole discretion, considers inappropriate or offensive.

All registrations become the exclusive property of TulioVasques.com, its affiliates and subsidiaries. TulioVasques.com reserves the right to use and reuse all registration and other personally identifiable User information subject to the TulioVasques.com Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Privacy Policy.

As You navigate through this Website, TulioVasques.com may collect some personal information, either by asking You to tell us something about yourself or by using data-tracking tools which collect and/or track information which can include, without limitation, Your home server domain name, type of computer and web browser that You use, as well as information concerning what pages you access (individually or collectively, “Information”). Information collected by TulioVasques.com will be used by TulioVasques.com for statistical, feedback, marketing and promotional purposes as well as for Product development and Website content improvement. We will not disclose any information contained in Your registration form or Customer’s profile or “About Me”, nor your particular name, email address or any other personally identifying information except as required by law. (For more details, please see our Privacy Policy).

You allow TulioVasques.com’s employees ability to access Your Customership information, on a case by case basis, to provide customer service and support, or to investigate complaints or other allegations of abuse. TulioVasques.com shall not disclose the existence or occurrence of such an investigation unless required by law.

Customer Account

You will choose a password during the registration process, this password is used for authentication purposes to access the Customer-only areas of our Website. Customer acknowledges that his or her right to use this Website and other Products or Services offered by TulioVasques.com is personal to Customer and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Customer’s right to use this Website is void and shall constitute a breach of this document.

Customer shall take any and all actions necessary to maintain the privacy of his or her password. In the event Customer has reason to believe that a third party has access to Customer’s account, Customer shall immediately change account password by going to the “Customer Information” page located under the “My Account” area of this Website and following the directions listed and, if any such problem persists, notify TulioVasques.com (by emailing Customer Support).

After registering, Customer is given a choice of subscription for acquisition of our digital image files.

Payments

Customer agrees to pay the fees in regards case decides to acquire the digital images.

TulioVasques is entitled to make adjustments and corrections when appropriate.

Comments to the Website

FEEDBACK – Any comments or information that You provide to the Website, for example testimonials, feedback about content, suggestions, ideas, concepts, questions, requests, or other information (collectively “Feedback”), is not deemed confidential and TulioVasques.com is free to reproduce, use, disclose, and distribute Feedback to others, without any limitation. You agree that TulioVasques.com is free to use Feedback for any purpose whatsoever, including without limitation, developing and marketing services incorporating Feedback without any obligation or payment to You.

RATINGS AND COMMENTS – Any ratings and comments of any Customer-contributed content You submit to the Website, becomes property of TulioVasques.com and treated as public information that may be associated with Your account and Your name. No insults, profanity, offensive or intolerant remarks are permitted while submitting comments, and if discovered, these submissions will be removed.

FORUM POSTS AND PRIVATE MESSAGES – Any posting to the Website’s Forums area, as well as any private message to any Customer You may choose to submit to this Website becomes property of TulioVasques.com and is treated as public information that may be associated with Your account and Your name.

PHOTO REQUESTS – Any photo requests You may choose to submit to this Website become property of TulioVasques.com and treated as public information that may be associated with Your account and Your name. By submitting photo requests You certify Your intention to locate digital images that satisfy the requirements in the body of Your request, and Your willingness to purchase the license to use the submitted images if they are deemed satisfactory to Your requests. You are under no obligation to purchase photos submitted for Your photo requests or otherwise presented at TulioVasques.com. Photo requests may be removed from the Website after they get closed or expired.

This section is inapplicable to any personally identifiable information that You provide in connection with Your registration for our Service(s) with the exception of the first name, last name and Username, which are treated as public or non-personally identifiable information and therefore can be used according to the rights outlined above. For terms and conditions governing use of other registration information, please refer to our Privacy Policy. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms of Service concerning use of such information.

Personal and Non-Commercial Limitation of Use

Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any contents, including any elements of this Website’s code, design and Customer-submitted digital images, of this Website unless it was specifically designated as purchasable content and purchased via TulioVasques.com.

Commercial Limitation of Use

Use of digital image files purchased via TulioVasques.com complies with the rules set forth in either:

1. Royalty-Free Full Commercial Use License Agreement that is available at http://
   www.TulioVasques.com/Home-ComLicenseAgreement.cfm, or
   
2. Royalty-Free Standard Commercial Use License Agreement that is available at http://
   www.TulioVasques.com/Home-ComLicenseAgreementSt.cfm, or
   
3. Royalty-Free Full Editorial Use License Agreement that is available at http://
   www.TulioVasques.com/Home-EdiLicenseAgreement.cfm, or
   
4. Royalty-Free Standard Editorial Use License Agreement that is available at http://
   www.TulioVasques.com/Home-EdiLicenseAgreementSt.cfm as applicable for each image.

Disclaimer of Warranties and Limitation of Liability

A. CUSTOMER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT HIS OR HER SOLE RISK. NEITHER TULIOVASQUES.COM, ITS AFFILIATES, CONTEND PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS, SERVICES, OR RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PROVIDED THROUGH THIS WEBSITE.

B. THIS WEBSITE AND ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT TULIOVASQUES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES OR OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER.

D. IN NO EVENT WILL TULIOVASQUES.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, ADMINISTERING, OR DISTRIBUTING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ITS SERVICES OR PRODUCTS, OR OUT OF THE BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.

E. TULIOVASQUES.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL TULIOVASQUES.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A CUSTOMER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEBSITE.

F. TULIOVASQUES.COM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

G. USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL TULIOVASQUES.COM, ITS AFFILIATES, PARTNERS, AND CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (a) THE USE BY SUCH CUSTOMER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (b) THE DOWNLOADING OF ANY FILES OR SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH  THE SERVICE.

H. CUSTOMER AGREES THAT THE LIABILITY OF TULIOVASQUES.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE INFORMATION IN THIS WEBSITE SHALL NOT EXCEED THE AMOUNT CUSTOMER PAID TO TULIOVASQUES.COM FOR USE OF THIS WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.

Indemnification

Customer agrees to indemnify and hold TulioVasques.com, its staff, its agents and its contributors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Customer’s use of this Website or from Customer’s violation of these Terms of Service or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive these Terms of Service and Customer’s use of this Website.

Links to Third-Party Sites

This Website contains hyperlinks to other Websites operated by parties other than TulioVasques.com, and other resources and advertisers. Such hyperlinks are provided for Customer’s reference only. Since TulioVasques.com has no control over such sites and information, we are not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Our inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall TulioVasques.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. TulioVasques.com is not responsible for the accuracy, legality, decency or copyright compliance of material contained in sites linked from this Website.

Copyright, Trademarks and Limitations of Use

The information and content included on this Website, including without limitation, text, graphics, images (except submitted by our Customers), animations, computer programs, data, designs, logos and button icons, and its arrangement is the property of TulioVasques.com or its licensors or contributors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Information received through this Website may be displayed, reformatted, and printed for Customer’s personal, non-commercial use only. User agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information or content received through this Website to anyone, including but not limited to others in the same company or organization, without the express prior written permission from TulioVasques.com.

Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of TulioVasques.com, Banana Press. or its clients. The mark “TulioVasques.com” and the contents of this Website (except submitted by our Customers) are the sole property of Banana Press. Reproduction in whole or in part is strictly prohibited without explicit written permission. TulioVasques.com is a trademark of Banana Press. All other trademarks appearing on this Website are the property of their respective owners, including, in some instances, Banana Press.

Content submitted to this Website by any Customer is assumed to be a copyrighted property of a Customer who submitted it. TulioVasques.com cannot be held responsible for any issues that may arise due to possibility of any copyright infringements or other violations by the Website’s Customers.

Modification of These Terms and Conditions

TulioVasques.com shall have the right at any time to impose, change, or modify the terms and conditions applicable to Customer’s use of this Website, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access the Website. TulioVasques.com shall have the right at any time to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may or may not be given by means including, but not limited to, posting on the Website a revised version of this document, and notification by electronic or conventional mail. If any such change is unacceptable to Customer, Customer may terminate his or her Customership account as provided in the section below. Any use of this Website after such notice (other than to terminate Customership pursuant to the section below) shall conclusively be deemed to constitute acceptance by Customer of such changes, modifications, additions, or deletions.

User agrees to review the terms and conditions periodically to be aware of such revisions. Customer may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.

Refunds

We are striving to provide our Customers with the best service, however if for any reason a Customer is not satisfied, a refund of the contributor’s subscription fees can be requested.

Once the digital image or any other content has been purchased from TulioVasques under the Terms of Commercial Use License Agreement or Editorial Use License agreement, We will accept the Photo Buyer’s claim for refund of fees paid for the digital content within 14 calendar days after the payment was processed, provided the Photo Buyer has not made any licensed use of the Image. We cannot be responsible for user errors or mistakes, or unintentional purchases. We reserve the right to withhold up to $10 from the refunded amount to cover order cancellation efforts and transaction fees. We reserve the right to deny the refund requests based on our sole final discretion. After the refund is processed, the Photo Buyer must immediately remove/return all copies of the image obtained from TulioVasques. Refunds void the royalty-free use license immediately. As a reminder, there are severe legal penalties for unauthorized use of copyrighted images or any other digital content.

To claim a refund of fees paid within the last 14 calendar days, send your refund request to Customer Support -  or notify TulioVasques.com via web support request form at http://www.TulioVasques.com/contact

If refund is requested by e-mail, be sure the e-mail message originates from the same address you registered with us and you include your username with your request.

Termination

1. Any registered Customer or TulioVasques.com may terminate the Customership at any time. TulioVasques.com will exercise its right to terminate Customerships only (a) in the event of violation of any Terms of this agreement; (b) as the result of consistent and severe abuse of Buying Guidelines; (c) for acting against the business interests or reputation of TulioVasques.com; (d) otherwise acting unlawfully in relationship to TulioVasques.com. In most cases, TulioVasques.com will attempt to warn a Customer via e-mail about Customer’s actions before terminating Customership.
   
2. Customer’s only right with respect to any dissatisfaction with any terms and conditions of these Terms of Service, or any policy or practice of TulioVasques.com in operating this Website, content available through this Website or any change therein, or amount or type of any fees or billing methods, or any change thereof, is to terminate the Customership by a) sending email to: Support or b) notifying TulioVasques.com www.TulioVasques.com/contact and request termination of Service. Upon termination, no fees or monies paid by Customer to Website will be refunded unless termination is initiated by Customer within the time period qualifying for refunds (see Refunds section). Customer’s notice of termination will be effective upon receipt by TulioVasques.com. We have no obligation to provide Customer with notice of termination or refund.

The terms of the sections of these Terms of Service entitled “Copyright, Trademarks And Limitations of Use” and “Disclaimer of Warranties and Limitation of Liability”, shall remain in effect after these Terms of Service have been terminated.

Equipment

Each Customer shall be responsible for obtaining and maintaining all telephone or network, computer hardware and other equipment needed for access to and use of this Website, and Customers shall be responsible for all charges related thereto.

Privacy

Personal data provided by each Customer to TulioVasques.com will be used only in connection with Services provided on this Website and will not be given to others. We use Your personal via web support data for statistical reports and for the purpose to make improvements to the Website and Service. Please review our Privacy Policy for more information.