TERMS OF SERVICE
1. Services and Conditions of Use
Welcome to Profotos.com's online Service. As part
of our service, Profotos.com agrees to provide you with quality
gallery space, photography article reviews, resources and other
computer services that Profotos.com may decide to offer, subject
to the terms of this Agreement. Upon notice published through
the Service, Profotos.com may modify this Agreement at any time.
You agree and continue to agree to use Profotos.com Services
in a manner consistent with all applicable laws and regulations
and in accordance with the terms and conditions set out in the
policies and guidelines outlined below. Please note that you
will be referred to as "Customer" from time to time
in this Agreement.
2. Rules For Online Conduct for Profotos.com Galleries and Classifieds
By using the Service, you agree that you will
not post any of the following material in Service, galleries,
user's free email account, or Photographer List:
--Material which defames, abuses or threatens
--Statements that are bigoted, hateful or racially offensive.
--Material that advocates illegal activity or discusses illegal
activities with the intent to commit them.
--Unauthorized copyrighted material.
--Material that contains vulgar, obscene or indecent language
--Material that does not pertain to the room or discussion forum's
Statements or postings which violate the above
terms will be deleted from postings upon discovery. Depending
on the nature of the violation, Profotos.com at its sole discretion
may terminate Customer's account.
3. Price And Payment
Customer agrees to pay all charges to Customer's
account, including applicable taxes, in accordance with billing
terms in effect at the time the fee or charge becomes payable.
Profotos.com reserves the right to change the amount of, or
basis for determining, any fees or charges for the Service,
and to institute new fees or charges effective upon prior notice
to Customers. Customer must provide Profotos.com with valid
credit card information.
Please Note: Profotos.com will automatically renew
and charge Customer's account as follows:
* Upon every one (1) month for 1-Month Subscriptions
* Upon every three (3) months for 3-Month Subscriptions
* Upon every three (6) months for 6-Month Subscriptions
* Upon every twelve (12) months for 12-Month Subscriptions
The renewal charge shall be equal to the original
customer signup price, unless otherwise notified in advance
by Profotos.com. Customer will have thirty (30) days after the
date that any renewal fee is posted to Customer's charge account
to notify Profotos.com that he or she wishes to cancel his or
her subscription. Profotos.com will cancel Customer's account
upon receipt of such notification and post a credit to Customer's
charge account equal to the latest renewal fee charged.
Customer's right to use the Service is subject
to any limits established by Profotos.com or by Customer's credit
card issuer. If payment cannot be charged to Customer's credit
card or Customer's charge is returned to Profotos.com for any
reason, including chargeback, Profotos.com reserves the right
to either suspend or terminate Customer's access and account,
thereby terminating this Agreement and all obligations of Profotos.com
Profotos.com agrees that it will terminate Customer's
account upon notice from Customer. If cancellation is received
within the first 30 days of Customer signing up for a service,
Customer will be refunded all subscription fees for that service,
but Customer will still be obligated to pay any other charges
incurred. If Customer cancels a service after 30 days of
signing up for a service, no refund for unused time on such
service will be made. If Customer has a balance due on any
Profotos.com account, Customer agrees that Profotos.com can
charge these unpaid fees to their credit card.
Profotos.com reserves the right to establish a
credit limit (the "Ceiling") for each Customer. If
a Customer's account reaches the ceiling at any time, Customer
agrees that Profotos.com may immediately bill their credit card
for all unpaid charges on account. Until further notice, the
ceiling for each Customer shall be $20.
If Customer has reason to believe that Customer's
account is no longer secure (for example, in the event of a
loss, theft or unauthorized disclosure or use of Customer's
ID, password, or any credit, debit or charge card number stored
on the Service), Customer must promptly change Customer's password
and notify Profotos.com of the problem (by notice given as described
in Section 8 below) to avoid possible liability for any unauthorized
charges to Customer's account.
4. Non-Transferability of Membership
Profotos.com grants to Customer a personal, non-exclusive,
non-assignable and non-transferable license to use and display
the Profotos.com software ("Software") on any machine(s)
of which Customer is the primary User. Unauthorized copying
of the Software or duplication of the software in any manner,
including software that has been modified, merged or included
with the Software, or the written materials associated therewith
is expressly forbidden. Customer acknowledges that Customer
may not sublicense, transfer, sell or assign this license or
the Software. Any attempt to sublicense, transfer, sell or assign
the license is void.
5. Software Libraries and Copyrighted Materials
Only public domain software or graphics files
or files where the owner has given express permission for online
distribution may be posted to discussion forums and galleries
on the Service. The posting of any other type of file and the
posting of links to any other type of file is strictly forbidden.
The following types of files are examples of strictly forbidden
Unauthorized copies of copyrighted photographs,
drawings, graphics, text or other writings, computer programs
or other software, recordings or designs; material of a sexually
explicitly nature, including photographs and text.
Copyrighted material, including without limitation
text, photographs, sound, video and music, may not be placed
on the Service without the express permission of the author
or owner of the copyright on the material. Customer acknowledges
that only the owner or someone authorized by the owner to post
the material may do so. The downloading of copyrighted material
is not allowed by Customers. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer any copyrighted material. The burden of determining
that any information, software or any other content on the Service
is not protected by copyright rests with the Customer. Customer
acknowledges that Profotos.com and/or third-party content providers
remain the owners of the posted materials, and that Customer
can not acquire any of those ownership rights by downloading
copyrighted materials. Downloading of said copyrighted materials
and files, including photographs, resources, text, graphics,
is strictly forbidden and will result in immediate termination
of Customer's account at Profotos.com.
6. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY
AT CUSTOMER'S OWN RISK. PROFOTOS.COM SERVICES ARE PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE Profotos.com SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED
THROUGH THE SERVICE. SPECIFICALLY, PROFOTOS.COM DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES 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. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT PROFOTOS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER PROFOTOS.COM NOR ANY OF ITS AGENTS, AFFILIATES
OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THE SERVICE.
Profotos.com, is a trademark of Profotos.com.
All other trademarks appearing on the Service are trademarks
of their respective owners.
Profotos.com may give notice to Customers by means
of a general notice on the Service, electronic mail to Customer's
e-mail address on record in Profotos.com account information,
or by written communication sent by first class mail to a Customer's
address on record in Profotos.com account information. You may
give notice to Profotos.com (such notice shall be deemed given
when received by Profotos.com at any time by any of the following:
Electronic mail to firstname.lastname@example.org;
Letter telecopied to Profotos.com at the following fax number:
Letter delivered by first class postage prepaid mail or courier
to Profotos.com at the following address:
1250 W. Dorothy Lane
Kettering, OH 45409
Customer agrees to indemnify and hold Profotos.com
harmless from any dispute which may arise from a breach of terms
of this Agreement. Customer agrees to hold Profotos.com harmless
from any claims and expenses, including reasonable attorney's
fees and court costs, related to Customer's violation of this
Agreement, including the Rules of Conduct or any information,
software or other content placed on the Service by Customer.
10. Termination Of Service
User may terminate this Agreement and User's right
to use the Service by sending a cancellation email to email@example.com.
Profotos.com may terminate your account or access rights to
this Service at any time, without notice, for conduct that Profotos.com
believes violates this Agreement or other policies or guidelines
that Profotos.com has posted on a Profotos.com service. Profotos.com may terminate your account or access rights to this Service
for online conduct that Profotos.com believes is harmful to
other Customers, to Profotos.com business, or to other information
11. Choice Of Law
This Agreement shall be construed and controlled
by the laws of the State of Ohio. Further, any dispute arising
from the terms of this agreement or a breach of this Agreement
will be governed by the laws of the State of Ohio. Customer
agrees to personal jurisdiction by the state and federal courts
sitting in the State of Ohio.
12. Merger Clause
This Agreement constitutes the entire agreement
between the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral between Profotos.com
representatives and Customer. Profotos.com may amend or modify
this Agreement or impose new conditions at any time upon notice
from Profotos.com to Customer as published through the Service.
Any use of the Service by Customer after such notice shall be
deemed to constitute acceptance by Customer of such amendments,
modifications or new conditions.