1. ACCEPTANCE OF TERMS
LilKangooMedia welcomes you. LilKangooMedia provides the LilKangooMedia Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
By accessing and using the LilKangooMedia Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular LilKangooMedia owned or operated services, you and LilKangooMedia shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. LilKangooMedia may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF LILKANGOOMEDIA SERVICES
LilKangooMedia is a unique media directory of the world's best photographers who are not afraid to push the limits of professional photography to surprise you with extraordinary photos of your event now known or hereafter (the "LilKangooMedia Services").
LilKangooMedia is only a listing service to help pair clients with photographers. Each photographer is an independent business and therefore responsible for their services. It is recommended that you contact the photographer directly and perform due diligence prior to hiring. LilKangooMedia makes no guarantees of their performance, and is not responsible for their services.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
Unless explicitly stated otherwise, any new features that augment or enhance the current LilKangooMedia Services, including the release of new LilKangooMedia properties, shall be subject to the TOS.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Various countries within Europe and Cyprus may have different laws and regulations regarding the hiring of foreign photographers and photography companies or not allow foreign photographers or photography companies entry into a particular country without proper authority. Your hiring of foreign photographers and photography companies is done entirely at your own risk and it is your responsibility to ensure compliance with the laws and regulations of the country in which you are based.
4. INDEMNITY
You agree to indemnify and hold LilKangooMedia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you use, submit, post, transmit, modify or otherwise make available through the LilKangooMedia' Services your use of the LilKangooMedia' Services, your connection to the LilKangooMedia Services, your violation of the TOS, or your violation of any rights of another.
5. NO COMMERCIAL REUSE OF LILKANGOOMEDIA SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the LilKangooMedia Services (including Content, trademarks, and advertisements).
6. MODIFICATIONS TO LILKANGOOMEDIA SERVICES
LilKangooMedia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LilKangooMedia Services (or any part thereof) with or without notice. You agree that LilKangooMedia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LilKangooMedia Services.
7. TERMINATION
You agree that LilKangooMedia, in its sole discretion, may terminate your use of the LilKangooMedia Services, and remove and discard any Content within the LilKangooMedia Services, for any reason, including, without limitation, for lack of use or if LilKangooMedia believes that you have violated or acted inconsistently with the letter or spirit of the TOS. LilKangooMedia may also in its sole discretion and at any time discontinue providing the LilKangooMedia Services, or any part thereof, with or without notice. You agree that any termination of your access to the LilKangooMedia Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that LilKangooMedia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the LilKangooMedia Services. Further, you agree that LilKangooMedia shall not be liable to you or any third-party for any termination of your access to the LilKangooMedia Services.
8. COPYRIGHT AND TRADEMARK NOTICES
All content included in or made available through the LilKangooMedia Services, such as text, graphics, logos, images, and software is the property of LilKangooMedia or its content suppliers and is protected by European and Cyprus copyright and trademark laws. The compilation of all content included in or made available through the LilKangooMedia Services is the exclusive property of LilKangooMedia and is protected by European and Cyprus copyright and trademark laws.
9. DISCLAIMER OF WARRANTIES
The LilKangooMedia Services and all information, content, materials, products (including software) and services included on or otherwise made available to you through the LilKangooMedia Services are provided by LilKangooMedia on an "as is" and "as available" basis, unless otherwise specified in writing. LilKangooMedia makes no representations or warranties of any kind, express or implied, as to the operation of the LilKangooMedia Services, or the information, content, materials, products (including software) or services included on or otherwise made available to you through the LilKangooMedia Services, unless otherwise specified in writing. You expressly agree that your use of the LilKangooMedia Services is at your sole risk.
10. GOVERNING LAW
These TOS and your use of the LilKangooMedia Services shall be governed by and construed in accordance with the laws of the European Union and the Republic of Cyprus, without giving effect to any principles of conflicts of law.
11. CONTACT INFORMATION
If you have any questions about these TOS or the LilKangooMedia Services, please contact LilKangooMedia at photo@lilkangoomedia.com.
12. SEVERABILITY
If any provision of these TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision shall be severed from the remaining provisions, which shall remain in full force and effect.
13. ENTIRE AGREEMENT
These TOS, together with the Privacy Policy and any other guidelines or rules posted on the LilKangooMedia Services, constitute the entire agreement between you and LilKangooMedia with respect to the use of the LilKangooMedia Services. Any prior agreements or understandings, whether oral or written, are superseded by these TOS.
14. WAIVER
The failure of LilKangooMedia to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LilKangooMedia in writing.
15. LIMITATION OF LIABILITY
In no event shall LilKangooMedia, its affiliates, agents, employees, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the LilKangooMedia Services; (ii) any conduct or content of any third party on the LilKangooMedia Services; (iii) any content obtained from the LilKangooMedia Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not LilKangooMedia has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
16. THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS.
17. FORCE MAJEURE
LilKangooMedia shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LilKangooMedia, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond LilKangooMedia'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.
DISPUTE RESOLUTION
Any dispute arising out of or relating to these TOS or the LilKangooMedia Services shall be resolved through binding arbitration in accordance with the rules of the European Union and the Republic of Cyprus. The arbitration shall be conducted in the European Union or the Republic of Cyprus and shall be conducted by a single arbitrator. The decision of the arbitrator shall be final and binding on the parties.
LEGAL COMPLIANCE
You shall comply with all applicable laws, rules, and regulations in connection with your use of the LilKangooMedia Services.
NO AGENCY
You and LilKangooMedia are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOS.
NO WAIVER
The failure of LilKangooMedia to enforce any provision of these TOS shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO JOINT VENTURE
You and LilKangooMedia are independent entities and nothing in these TOS shall be deemed to create a partnership, joint venture or agency relationship between you and LilKangooMedia.
NOTICES
Any notices or other communications permitted or required under these TOS, including those regarding modifications to these TOS, shall be in writing and given by LilKangooMedia (i) via email (in each case to the address that you provide), or (ii) by posting to the LilKangooMedia Services.
INTERPRETATION
The section headings and titles in these TOS are for convenience only and have no legal or contractual effect.
NO THIRD-PARTY BENEFICIARIES
These TOS are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these TOS.
SURVIVAL
The provisions of these TOS that by their nature should survive termination of these TOS shall survive such termination, including but not limited to the provisions regarding ownership, indemnification, limitation of liability, and dispute resolution.
NO RIGHT OF SET-OFF
You agree that you shall have no right of set-off or counterclaim against LilKangooMedia in respect of any claim you may have against LilKangooMedia or any of its affiliates.
NO DISPARAGEMENT
You agree not to make any statement or take any action that may disparage LilKangooMedia or any of its affiliates or their respective products or services.
NO LIMITATION OF LIABILITY
To the maximum extent permitted by law, LilKangooMedia's liability to you or any third party in any circumstances is strictly limited to the greater of (a) the total fees paid by you to LilKangooMedia in the 12 months prior to the action giving rise to liability, or (b) €100.
WAIVER OF CLASS ACTION
You agree that any dispute arising out of or related to these TOS, the LilKangooMedia Services, or any products or services provided by LilKangooMedia must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
ARBITRATION
Any dispute arising out of or relating to these TOS or the LilKangooMedia Services shall be resolved through binding arbitration in accordance with the rules of the European Union and the Republic of Cyprus. The arbitration shall be conducted in the European Union or the Republic of Cyprus and shall be conducted by a single arbitrator. The decision of the arbitrator shall be final and binding on the parties.