Terms of use

Please read the following Terms and Conditions.

The use of this site 1ProPhoto.Com, including its parent company, subsidiaries and affiliates requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by 1ProPhoto.Com (the 1ProPhoto.Com Site)  adhere to the following  Terms of Use. By accessing and using the 1ProPhoto.Com Site, you indicate your  acknowledgement and acceptance of these Terms of Use. If you do not  agree with these Terms of Use, you should not use the 1ProPhoto.Com Site. 1ProPhoto.Com may  change, suspend or discontinue any aspect of the 1ProPhoto.Com Site at any time,  including the availability of any feature, database or content. 1ProPhoto.Com may also  impose limits on certain features and services and/or restrict your access to parts or  all of the 1ProPhoto.Com Site without notice or liability of any kind. The terms and conditions of a 1ProPhoto.Com client's service agreement for any portion of  the 1ProPhoto.Com Site will control in the event of any provisions that may  conflict with these Terms of Use.

Restrictions on Use

All the Web products and services, information, materials, data,  images, graphics, videos, sounds and other components on the 1ProPhoto.Com Site (the  'Contents') are copyrighted and owned or controlled by 1ProPhoto.Com unless otherwise noted.  Any unauthorized use of the Contents on the 1ProPhoto.Com Site may violate copyright, trademark and other laws and intellectual property rights of 1ProPhoto.Com or  third parties. Contents from the 1ProPhoto.Com Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted  in any way, without the prior written consent of 1ProPhoto.Com, except that you may  download one copy of the Contents on one computer for your personal,  non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein. The Content on the 1ProPhoto.Com Site is copyrighted and are provided for lawful purposes only. No content on this site is intended for or shall be made available or used as "fair use".  In agreeing to these terms of service and becoming a registered site member, site members agree to receive or email newsletter which may be sent on a bi-weekly, bi-monthly or periodic basis. The option to be removed from this emailing list is provided for in all mailings. Removal from this newsletter mailing list may at the Admin's discretion include the users removal from the 1ProPhoto.Com members database. Registered 1ProPhoto.Com site members also agree to receive periodic emails directly from the site admin requesting that the users "Member listing" information be kept up to date. If at any point in time a registered members email address is found to 'Bounce' back to the Admin, or if the members database listing information through quarterly review is found to contain false information or information that would otherwise show that the user is invalid or is no longer in business that users database listing will be removed from the system. All site members are required to post an image of themselves for their individual profile listings and not a logo or image representative of there work(s). Business or company listings or photo graphers may use any promotional image they wish, however your are encouraged to use an image of yourself in all cases.  1ProPhoto.Com, including its parent company, subsidiaries is a private network and use or misuse of any of it's functions, data-forms, or emailing systems by a third party for the purposes of mining users information for promotional or advertising purposes not authorized by or affiliated with 1ProPhoto.Com is expressly prohibited and subject to legal action. All emails produced by this site and it's network are archived as are all server logs representing site user interactions. Use of or misuse of our emailing system by a third party or parties will be considered spam and as such spammers will be billed by 1ProPhoto.Com or it's appointed legal representative at the rate of fifteen hundred dollars per individual offense; which is equal to the current government mandated fine for internet users using the internet to send spam to users not personally known to the sender. An offence shall be considered the sending of any 1 email which is deemed to be spam by the 1ProPhoto.Com site admin. 1ProPhoto.Com reserves the right to edit or delete any registered member information, images, data, or files uploaded to it's servers that it believes to be false, misleading, inappropriate, in poor taste, or offensive to other site users or site visitors with out notice or explanation to that registered member.

Submissions

All remarks, suggestions, ideas, graphics, or other information  communicated to 1ProPhoto.Com through the 1ProPhoto.Com Site (together, the 'Submission') will  become upon communication and will forever be the property of 1ProPhoto.Com. 1ProPhoto.Com  will not be required to treat any Submission as confidential, and will not be  liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future 1ProPhoto.Com operations or Contents.  Without limitation, 1ProPhoto.Com will have exclusive ownership of all present and  future existing rights to the Submission of every kind and nature everywhere.  Except as noted below in this paragraph, 1ProPhoto.Com will be entitled to use the  Submission for any commercial or other purpose whatsoever without compensation to  you or any other person sending the Submission. You agree to indemnify,  defend and hold 1ProPhoto.Com harmless for any liability arising due to the use or  distribution of those materials. You further grant 1ProPhoto.Com the right to use your name  in connection with the reproduction or distribution of such material.        

Personally identifiable information that may be received at the  1ProPhoto.Com Site is provided voluntarily by a visitor to the 1ProPhoto.Com Site and is  governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever  material you submit, and you, not 1ProPhoto.Com, have full responsibility for the  message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from  this site any unlawful, threatening, libelous, defamatory, obscene, pornographic,  or other material that would violate any law. If applicable, 1ProPhoto.Com reserves the  right to delete, move or edit messages that it, in its sole discretion, deems  abusive, defamatory, obscene, in violation of copyright or trademark laws, or  other wise unacceptable, and you waive any moral rights you may have in having the  material altered or changed in a manner not agreeable to you.

Jurisdiction

Except as otherwise described, all Contents on the 1ProPhoto.Com Site are  made available only to provide information about 1ProPhoto.Com and its services.  1ProPhoto.Com controls and operates the '1ProPhoto.Com.com' site and makes no representation  that the Contents on such 1ProPhoto.Com Site are appropriate or available for use  in other locations. Other 1ProPhoto.Com Sites may be controlled and operated outside of  the United States of America and may be subject to the laws of the country  in which they are controlled and operated. If you use the 1ProPhoto.Com Site from a  location other than the location where the site is controlled and operated, you  are responsible for compliance with applicable local laws.

Disclaimer

The Contents on the 1ProPhoto.Com Site may include technical inaccuracies or typographical errors. Also, 1ProPhoto.Com may make changes or improvements to  the 1ProPhoto.Com Site at any time. The contents on the 1ProPhoto.Com site are provided  'AS IS' and is available without warrenties of any kind either expressed or implied.

Termination

1ProPhoto.Com or you may terminate this agreement at any time. You may  terminate this agreement by destroying all materials obtained from the 1ProPhoto.Com  Site and all related documentation and all copies and installations. 1ProPhoto.Com may terminate this agreement immediately without notice if, in its sole  judgment, you breach any of these terms or conditions. Upon termination, you must  destroy all materials obtained from this site and all related documentation and  all copies and installations. You may not access this site after termination  of this agreement without the written approval of 1ProPhoto.Com, provided, however,  that 1ProPhoto.Com shall retain all rights, including all copyright rights and the  right to use Submissions as provided herein, and the limitations on use and  treatment of the Contents shall remain in full force.

Linked Sites

The 1ProPhoto.Com Site includes links to other sites which are not  maintained by 1ProPhoto.Com. 1ProPhoto.Com is not responsible for the content of those sites and  makes no representations whatsoever concerning the content or accuracy of,  opinions expressed in or other links provided by, such other sites. The inclusion  of any link to such sites does not imply endorsement by 1ProPhoto.Com of the sites or  any products or services referred to therein. 1ProPhoto.Com may terminate a link  at any time. The terms of use and privacy policies applicable to such sites may  be different from those applicable to the 1ProPhoto.Com Site. If you decide to  access any third party site linked to the 1ProPhoto.Com Site, you do so entirely at your  own risk and 1ProPhoto.Com shall have no liability for any loss or damage arising from  your use of any such site.

Linking and Logo Policy

By linking to any page on the 1ProPhoto.Com Site, you hereby agreed to be  bound by the following terms and conditions. Except as provided in this  paragraph, 1ProPhoto.Com prohibits site caching, the use or posting of unauthorized  hypertext links to the 1ProPhoto.Com Site and the framing of any Content available  through the 1ProPhoto.Com Site. You may link to the 1ProPhoto.Com Site only via the Site's home  page (i.e., www.1ProPhoto.Com.com) or a designated gateway page. A gateway page is  any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read  '1ProPhoto.Com.' Images of the 1ProPhoto.Com logo can only be used for link purposes  and can only be made with the express written permission of 1ProPhoto.Com. Any  requests for such permission or for permission to link to the 1ProPhoto.Com Site in a  manner other than as permitted in the preceding paragraph should be addressed to  1ProPhoto.Com 99 St.Marks Place New York Ny. 10009. By linking to the 1ProPhoto.Com Site, you acknowledge and agree  that, other than as set forth herein, all rights to the 1ProPhoto.Com trademarks or  service marks used on the 1ProPhoto.Com Site, the Content appearing on the 1ProPhoto.Com Site and  the design of the 1ProPhoto.Com Site belong to 1ProPhoto.Com. You must not misrepresent  your relationship with 1ProPhoto.Com or present false or misleading impressions  about 1ProPhoto.Com. No links to the 1ProPhoto.Com Site may be used in a manner that  implies or suggests that 1ProPhoto.Com approves or endorses you, your website or your  goods and services (in all cases, except as 1ProPhoto.Com may have agreed separately  with you in writing). 1ProPhoto.Com shall have no responsibility or liability for any  content appearing on your website. You agree to indemnify and defend 1ProPhoto.Com  against all claims arising out of or based upon your website. No link(s) may appear  on any page on your website or within any context containing content or  materials that may be interpreted as libelous, obscene or criminal, or which infringes,  otherwise violates, or advocates the infringement or other violation of,  any third party rights. 1ProPhoto.Com reserves the right at any time and in its  sole discretion to request that you remove all links or any particular link  to the 1ProPhoto.Com Site from your website. This is not a license, but subject to  your compliance with the above terms, 1ProPhoto.Com agrees to grant you the use of  the '1ProPhoto.Com' name solely for the purpose of establishing a link to the  1ProPhoto.Com Site as permitted hereunder. Except for the limited permission to use the  '1ProPhoto.Com' name as set forth in this paragraph, you may not use any of 1ProPhoto.Com's  trademarks or service marks for any other purpose without the express written  permission of 1ProPhoto.Com. 1ProPhoto.Com may at any time, in its sole discretion, without cause,  withdraw the permission granted herein to use the '1ProPhoto.Com' name and  your right to link to any pages on the 1ProPhoto.Com Site. In such event upon request,  you agree to immediately remove all links to the 1ProPhoto.Com Site and to cease using  the '1ProPhoto.Com' name for linking purposes. Thereafter, any future links to the  1ProPhoto.Com Site will require the express written permission of 1ProPhoto.Com. 1ProPhoto.Com  reserves the right to amend these linking terms and conditions at any time. By  continuing to link to the 1ProPhoto.Com Site, you agree to be bound to and abide by these  linking terms and conditions, as well as other legal terms of use and conditions  on the 1ProPhoto.Com Site, as amended from time to time. Links posted by members to competing web sites, sites of questionable reputation, sites dealing with illegal or stolen content, promoting violence, or illegal activities as stipulated by U.S. law (s), or to web sites of competing print publications, periodicals, or businesses will be removed. Upon second offence the members account will be removed and the user banned from the network and 1ProPhoto.Com related sites.

Miscellaneous

1ProPhoto.Com may, without notice, revise these Terms of Use at any time by  updating this posting. Your continued use of the 1ProPhoto.Com Site now, or  following the posting of any changes or modifications, will indicate acceptance by  you of such changes or modifications. These Terms of Use will be governed and  be interpreted pursuant to the laws of the State of Illinois and the United  States of America, notwithstanding any principles of conflicts of law. If any  part of these Terms of Use is declared unlawful, void, or unenforceable, that  part will be deemed severable and will not affect the validity and enforceability  of any remaining provisions. Possible evidence of use of the 1ProPhoto.Com Site for  illegal purposes will be provided to law enforcement authorities. This is the  entire agreement between the parties relating to the use of the 1ProPhoto.Com Site.

Contests, Drawings, Giceaways

Unless otherwise expressed or specificaly stated all contests, drawings or giveaways are offered by 1ProPhoto.Com alone and are in no way associated with any third parties including the manufacture of the product or service being named as the item in the contest, drawing or give away. 1ProPhoto.Com reserves the right to ammend, change alter, or cancel any contest, drawing or giveaway, for any reason with out notice at it's sole discreation. Contests, Drawings, or giveaways announced by 1ProPhoto.Com and not offered by 1ProPhoto.Com but is being offered by a athird party is subject to that third parties rules, terms, and regulations.