Terms of Uuse

THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE OWNER OF www.OnePricePhoto.com ("Website"), Digital Stock Co. ("OnePricePhoto", "We", "Us"). ACCESS AND USE OF THIS WEBSITE IS PROVIDED TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE IN ANY POSSIBLE FORM. PLEASE READ THIS TERMS OF USE ("Agreement") BEFORE USING THIS SITE ("Website"). BY USING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS.

• Digital Stock Co. may at any time revise this Terms of Use by updating this posting. By using this Website, You agrees to be bound by any such changes.

Membership

By becoming a member, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Agreement has been violated, or other abuses have occurred as determined by OnePricePhoto in its sole discretion.

Privacy Policy

OnePricePhoto is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our OnePricePhoto Privacy Policy for further details.

Third-Party Services

OnePricePhoto may use third parties to provide certain services accessible through the Website. OnePricePhoto does not control those third parties or their services, and you agree that OnePricePhoto will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use this Website. If any such terms or policies conflict with this Agreement or policies, you must comply with this Agreement or policies, as applicable.

Submissions

All suggestions, ideas, notes, concepts and other information you may from time to time send to OnePricePhoto (collectively, "Submissions") shall be deemed and shall remain the sole property of OnePricePhoto and shall not be subject to any obligation of confidence on its part. Without limiting the foregoing, OnePricePhoto shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Links to the Website

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that OnePricePhoto monitors or endorses these Web sites. OnePricePhoto. does not accept any responsibility for such Web sites. OnePricePhoto. shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL OnePricePhoto. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN ($10.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless OnePricePhoto and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Images or Vector Illustrations, your failure to abide by any restriction regarding the use of an Image or Vector Illustration, or any claim by a third party related to the use of an Images or Vector Illustrations.

Termination and Suspension

OnePricePhoto reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, at any time for any reason without prior notice or liability. OnePricePhoto may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature or downloaded contents without prior notice. You agree that OnePricePhoto shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.

Copyrights & Trademarks

The entire content included in this Website, including but not limited to text, graphics and other material displayed on or that can be downloaded from it (collectively, "Content") are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights and may not be used except as permitted in this Agreement or in conjunction with OnePricePhoto licensing agreement. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website. The Contents of this Website are © 2008, OnePricePhoto.com, or its affiliates and business partners. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with OnePricePhoto or purchasing OnePricePhoto products. You may not modify the information or materials displayed on or that can be downloaded from this Website or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless authorized by OnePricePhoto. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.

Infringement Claims

OnePricePhoto. takes its own intellectual property rights seriously and respects the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OnePricePhoto with a notification that contains the following information:

1. Identification, in detail, of the copyrighted work you claim has been infringed.
2. Identification of the material you claim is infringing the copyrighted work, in sufficient detail to enable OnePricePhoto to locate the material.
3. Your contact information, including name, address, telephone number, and email address.
4. Your statement that you have a good faith belief that use of the material in the manner you complain of is not authorized by the copyright owner, its agent or the law.
5. Your statement that all information contained in your notice is accurate and that, under penalty of perjury, you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Your physical or electronic signature, if you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, or such owner's physical or electronic signature.

Please direct your notice to our Customer Service.

Disclaimers

THE INFORMATION FROM OR THROUGH THIS WEBSITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OnePricePhoto AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, OnePricePhoto AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OnePricePhoto. OnePricePhoto AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OnePricePhoto SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

CERTAIN GRAPHIC MAY BE SUBJECT TO ADDITIONAL COPYRIGHTS, PROPERTY RIGHTS, TRADEMARKS ETC. AND MAY REQUIRE THE CONSENT OF A THIRD PARTY OR THE LICENSE OF THESE RIGHTS. OnePricePhoto DOES NOT REPRESENT OR MAKE ANY WARRANTIES THAT IT OWNS OR LICENSES ANY OF THE MENTIONED, NOR DOES IT GRANT THEM. IT'S YOUR SOLE RESPONSIBILITY TO MAKE SURE THAT YOU HAVE ALL THE NECESSARY RIGHTS, CONSENTS AND LICENSES FOR THE USE OF THE GRAPHIC.

Miscellaneous

The failure of OnePricePhoto to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

Governing Law and Jurisdiction

This Web site is controlled, operated and administered by Digital Stock Co. from Schaumburg, Illinois, USA. This Web site can be accessed from all US States and from other countries around the world. By accessing this Site you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State of Illinois and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Illinois, in Cook County or the United States Court for the Northern District of Illinois and acknowledge that you do so voluntarily.

Additional Assistance

If you have any questions about this Agreement or the Website, please contact Digital Stock Co. at 1294 Cranbrook Dr. Schaumburg, IL 60193 or Our Customer Support.