Welcome to PhotoAdvantage.NET, a photographer community site provided by PhotoAdvantage, LLC hereafter referred to as "ours" and "us". These Terms of Use govern your use of the websites, content, hosting-services, sub-domains, registered user domains, print-services, shipping providers and all other services offered through or as part of PhotoAdvantage.NET.
Your affirmative act of using PhotoAdvantage.NET signifies that you agree to the following terms of use, you consent to the information practices disclosed in our privacy policy, and you consent to receive electronically critical communications from us. If you cannot abide these terms and conditions, do not use PhotoAdvantage.net.
1. CHANGES TO THE TERMS OF USE.
Published Terms of Use are subject to change without notice or warning. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our home page. You are responsible for checking these terms periodically for changes. If you continue to use PhotoAdvantage.NET after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.
2. REGISTERED USERS.
Certain parts of PhotoAdvantage.NET are free to the public for use. These areas are subject to the Terms of Service. Other enhanced features, such as e-mail, blog capabilities, web-hosting, print services, etc. are available only to registered and paying users of PhotoAdvantage.NET and require access via your username and password. Your use of these enhanced services as a registered user of PhotoAdvantage.NET will be subject to all copyright and extra provisions contained within this Terms of Use agreement.
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide to you required notices, agreements and other information concerning PhotoAdvantage.NET electronically. We will post critical system notices on the home page of PhotoAdvantage.NET or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of PhotoAdvantage.NET.
4. PRIVACY POLICY.
Our Privacy Policy explains the practices that apply to your information when you use PhotoAdvantage.NET. Your ongoing use of PhotoAdvantage.NET signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the bottom of the PhotoAdvantage.NET home page.
5. CHANGES TO PHOTOADVANTAGE.NET.
We may discontinue or change any service or feature on PhotoAdvantage.NET at any time and without notice.
6. COSTS AND SERVICE FEES.
Certain portions of PhotoAdvantage.NET are free to the use of our patrons and do not require payment. These free services are subject to the Terms of Use and may require some form of registration. Other services are available only to paid registrants and regular service fees. Our current fees include: (1) a one time initial setup fee of $99 USD; (2) a monthly service charge of $19.95 USD; and (3) a nominal credit card processing fee (3% + $0.25) for ecommerce transactions. Site participants must provide their own equipment to access our site and services. You are responsible for any costs incurred to access PhotoAdvantage.NET services, (i.e. equipment costs, internet carrier fees, carrier charges, etc.) You are responsible for these costs and any other communications expenses you incur as a result of using PhotoAdvantage.NET or our services.
7. YOUR RESPONSIBILITIES.
You may use PhotoAdvantage.NET for LAWFUL purposes only. You may not submit or transmit through PhotoAdvantage.NET any material, or otherwise engage in any conduct that:
(1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,
(2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or contains explicit or graphic descriptions, or accounts of, sexual acts,
(3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
(4) impersonates any person, business or entity, including PhotoAdvantage.NET and its employees and agents,
(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,
(6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
(7) violates these Terms of Use, guidelines or any other acceptable conduct, as deemed appropriate by PhotoAdvantage.NET, or
(8) interferes with the use of PhotoAdvantage.NET by others.
You may not use PhotoAdvantage.NET in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of PhotoAdvantage.NET. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, email farming, or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
8. NO SPAM.
You may not use your PhotoAdvantage.NET account or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use PhotoAdvantage.NET to violate the terms of this section. We may terminate your access or use of PhotoAdvantage.NET immediately and take any other legal action if you, or anyone using your access to PhotoAdvantage.NET, violates these provisions. Should your access be removed for suspected violation of these, or any other violations in the Terms of Use, no refunds will be issued and your account and all information contained with it, will be purged from our communications network.
9. PROPRIETARY RIGHTS.
We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on PhotoAdvantage.NET and hosted sites own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on PhotoAdvantage.NET are our trademarks.
10. LICENSE TO USE PHOTOADVANTAGE.NET.
The Content offered by PhotoAdvantage.NET is intended for the betterment of your business and personal skills. You may use the Content for these purposes. Each sub-domain, registered by paid users, while hosted on our servers is also subject to these terms. You agree to adhere to copyrights and to only post Content that you legally own. You may not use our Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, on a hosted sub-domain, or any other site sponsored or owned by PhotoAdvantage, LLC. You may not misuse PhotoAdvantage.NET merchant account services or other e-commerce systems.
11. CONTENT YOU POST TO PUBLIC AREAS.
Certain areas of PhotoAdvantage.NET, including a hosted sub-domain, allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on PhotoAdvantage.NET that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of PhotoAdvantage.NET (including password protected portions of sub-domains), you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
12. NO DUTY TO MONITOR.
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on PhotoAdvantage.NET or a registered sub-domain, in a way that constitutes copyright infringement, please contact us via email.
14. THIRD PARTY SITES; ADVERTISERS.
PhotoAdvantage.NET may include links to third party websites, including links provided by affiliates, and third partly links as posted by the public. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on PhotoAdvantage.NET are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
15. USE OF SOFTWARE, DIRECT LINK.
Direct Link, our online print ordering system, is available only to paid and current registrants to download and use. This software will be subject to the terms of the license agreement that accompanies it. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any computer you own. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell, transfer, or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
16. DISCLAIMER OF WARRANTIES.
We provide PhotoAdvantage.NET "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about PhotoAdvantage.NET to the extent permitted by law, we and our suppliers disclaim implied warranties that PhotoAdvantage.NET and all software, Content, and services distributed through PhotoAdvantage.NET are merchantable, or satisfactory quality, accurate, timely, fit for particular purpose or need, or non-infringing. We do not guarantee that PhotoAdvantage.NET will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of PhotoAdvantage.NET, including any support from services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use PhotoAdvantage.NET (either directly or sub-domains) at all times or locations of your choosing. No oral or written information or advice given by a representative of PhotoAdvantage.NET shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot alter or change.
17. LIMITATION OF LIABILITY - PRINT SERVICES.
We and our suppliers take the utmost care with respect to the handling, transportation, processing, printing, and shipping of your digital products. In the unlikely event that your photographers have been lost, stolen, or destroyed, for reasons within or beyond our control, our limitation of liability is to the return of all payments received for lost, stolen, or damaged items. PhotoAdvantage.NET is not responsible for fire, casualty, acts of god, or other causes beyond our control or the control of our partners and affiliates. Shipping and transportation of goods and services comes with inherent risks of loss. When printing with our services or suppliers, you signify by using our services that you agree to these terms and conditions and that you understand the associated risks.
18. LIMITATION OF LIABILITY - ALL OTHER SERVICES.
Your exclusive remedy regarding Direct Link, provided by us, shall be the replacement only, via download. Direct Link runs based on Java coding and your individual operating system and configuration, therefore, we can make no guarantee that your machine is compatible. Your sole and exclusive remedy for any other dispute with us is to discontinue your use of PhotoAdvantage.NET. In no event shall our liability, or that of our suppliers or our partners for any and all claims relating to the use of PhotoAdvantage.NET exceed the total amount of service fees that you paid during a one month period for the specific service at issue.
We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon PhotoAdvantage.NET. These exclusions apply to any claims for lost profits, lost data or images, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if they are caused by failure or neglect of our own. These exclusions apply to the extent permitted by law.
19. INDEMNIFICATION.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of PhotoAdvantage.NET, Direct Link, or any service and/or offering that we support. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. INTERNATIONAL USE.
We make no representation that Content on PhotoAdvantage.NET is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access PhotoAdvantange.NET from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the laws of the sovereign State and commonwealth of Washington govern this contract and any claim or dispute that you may have against us, without regard to the commonwealth of Washington’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the sovereign State and commonwealth of Washington and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Please note that by agreeing to these Terms of Use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, State or Federal courts in the sovereign State and commonwealth of Washington over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the sovereign State and commonwealth of Washington for the purpose of resolving any such disputes or claims.
22. SEVERABILITY AND INTEGRATION.
This contract and any supplemental terms, policies, rules and guidelines posted on PhotoAdvantage.NET constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. TERMINATION.
Your right to use PhotoAdvantage.NET automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with PhotoAdvantage.NET. At such a time, all Content, written or otherwise, will be purged from our servers and is unrecoverable. We also reserve the right, in our sole discretion, to terminate your access to all or part of PhotoAdvantage.NET, for any reason, with or without notice.