Please read the following Terms and Conditions.
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 photographers 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 offense 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.
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.
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.
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 warranties of any kind either expressed or implied.
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.
Misuse / Abuse
1ProPhoto.Com, James Sullivan, and it's appointed representatives reserve the right to cancel account or paid or non-paid subscription or membership to our site or services in the event that a clear misuse or abuse of our site or services is discovered with out notification of the paid or non-paid subscriber or member. This action relates to: Hacking of the site, sharing user accounts or passing along proprietary content or for pay content, log-in from multiple IP address during a 12 hour period, log-in from multiple geographic locations in a 12 hour period, simultaneous use of a single user account information. All are ground for cancelation of user account without refund of any fees paid.
Linking and Logo Policy
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.
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