Users of malibumediaphoto.com must follow the terms and conditions listed below:

1. TERMS OF USE
1.a. Unless otherwise stated, all content on malibumediaphoto.com domain, such as photographs, illustrations, images, text, video, and software (referred to as Content) is protected by US and international Copyright Laws, and remain the property of Malibu Media. and its Content providers.

1.b. Unless otherwise stated in writing, any Content is licensed for editorial use only, and may not be used for any other purpose. User does not acquire ownership, copyright, commercial reproduction or distribution, rights to any Content on malibumediaphoto.com domain.

1.c. Any Content used should bear a credit line as specified by Malibu Media. User agrees to provide protection against commercial and promotional usage of the Content provided by Malibu Media.

1.d. No model releases or other releases exist on any Content unless the existence of such a release is specified in writing by Malibu Media. User agrees to defend, indemnify and hold Malibu Media. and its Content providers harmless against any and all claims arising out of the use of any Content where the existence of such release has not been specified. User agrees to hold Malibu Media, and its Content providers harmless from all claims for the use of the Content delivered by Malibu Media, including illegal, obscene, threatening, abusive, invasive of privacy or publicity rights, profane and defamatory use.

1.e. All fees are to be agreed with Malibu Media prior to publication, broadcast or reproduction.

2. DISPUTES OR CLAIMS ARISING OUT OF USE OF THE CONTENT
2.a. Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York, New York, pursuant to the rules of the American Arbitration Association. Legal fees and expences shall be paid by losing party to the prevailing party. Judgement upon the award rendered may be entered in the highest State or Federal court having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York.

3. DISCLAIMERS
3.a. malibumediaphoto.com domain and the Content are provided to you on an "as is" basis. Malibu Media makes no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law.

3.b. Although Malibu Media uses all reasonable efforts to ensure the accuracy of the Content, Malibu Media makes no representations or warranties as to the accuracy, correctness, or reliability of the Content. Further, Malibu Media makes no representations or warranties that the functional aspects of malibumediaphoto.com domain will be uninterrupted or error-free, or that the web server is free of viruses or other harmful components. User agrees to use Malibu Media web site at user's risk.

3.c. Any hyperlinks to any third party web sites are not under control of Malibu Media. These hyperlinks do not imply an endorsement by Malibu Media, and Malibu Media is not responsible for the content contained in any linked web sites.

3.d. Neither Malibu Media nor its Content providers will be responsible or liable to users for any direct, incidental, consequential, indirect, or punitive damages that result from use of the Content on malibumediaphoto.com domain.