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1. |
You may use the
Service, the Site, and the information, writings, images and/or other works
that you see, hear or otherwise experience on the Site (singly or collectively,
the “Content”) solely for your non-commercial, personal purposes and/or to
learn about Collages.net products and services. No right, title or interest in
any Content is transferred to you, whether as a result of downloading such
Content or otherwise. Collages.net reserves complete title and full
intellectual property rights in all Content. Except as expressly authorized by
this Agreement, you may not use, alter, copy, distribute, transmit, or derive
another work from any Content obtained from the Site or the Service, except as
expressly permitted by the Terms of Use.
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2. |
The Site and the
Content are protected by U.S. and/or foreign copyright laws, and belong to
Collages.net or its partners, affiliates, contributors or third parties. The
copyrights in the Content are owned by Collages.net or other copyright owners
who have authorized their use on the Site. You may download and reprint Content
for non-commercial, non-public, personal use only. You may not manipulate or
alter in any way images or other Content on the Site without specific
permission from Collages.net or the copyright owner.
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3.
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You are prohibited from
using any of the marks or logos appearing throughout the Site without
permission from the trademark owner, except as permitted by applicable law.
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4. |
Links on the Site to
third party web sites or information are provided solely as a convenience to
you. If you use these links, you will leave the Site. Such links, with the
exception of our lab partners,
do not constitute or imply an endorsement, sponsorship, or recommendation by
Collages.net of the third party, the third-party web site, or the information
contained therein. Collages.net is not responsible for the availability of any
such web sites. Collages.net is not responsible or liable for any such web site
or the content thereon. If you use the links to the web sites of Collages.net
affiliates or service providers, you will leave the Site, and will be subject
to the terms of use and privacy policy applicable to those web sites.
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5. |
Any software available for
download via the Site is the copyrighted work of Collages.net and/or its
licensors. Use of such software is governed by the terms of the end user
license agreement that accompanies or is included with the software.
Downloading, installing, and/or using any such software indicates your
acceptance of the terms of the end user license agreement.
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6.
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Collages.net uses
reasonable endeavors to ensure that the Service is available 24 hours a day 7
days a week. However, there will be occasions when the Service will be
interrupted for maintenance, upgrades and emergency repairs or due to failure
of telecommunications links and equipment that are beyond the control of
Collages.net. Every reasonable step will be taken by Collages.net to minimize
such disruption where it is within the reasonable control of Collages.net. You
agree that Collages.net shall not be liable to you for any modification,
suspension or discontinuance of the Service.
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7.
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Photographer gives
permission to Collages.net to create personal, password protected websites
(“Consumer Sites”) for the clients and customers of the Photographer for the
purpose of viewing, emailing, and purchasing posted photographs.
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8.
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Collages.net will host and
maintain said site containing images (“Images”) from the clients’ event for a
period of 60 days. Photographer gives Collages.net the right to extend the
duration of the sites.
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9. |
All
of the photographs featured on our Consumer Sites were created by photographers
who have provided them to Collages.net for sale and distribution. The
copyrights in the photographs are owned by the photographers thereof who have
licensed to Collages.net the right to post them on the site and provide the
services offered. You can purchase the photographs featured on our Consumer
Sites in the form of photographic prints or other goods (“Products”). You
acknowledge that all Products ordered are custom made to your order and have no
market value beyond your purchase thereof. As such, all Products are
non-returnable and payment for all Products is required to be made in full in
advance.
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10.
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Collages.net will create a
password protected administration area (“admin area”) that gives photographers
the ability to create, edit and manage events, as well as process reprint
orders. The admin area hosts a complete suite of marketing tools designed to
help photographers grow their business.
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11.
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If you register to become a
Collages.net member, you are responsible for maintaining the confidentiality of
your member identification and password information, and for restricting access
to your computer. You agree to accept responsibility for all activities that
occur under your member identification and password and to hold Collages.net
harmless for any unauthorized use.
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12. |
You are responsible for all
of the images you upload, share or copy when using Collages.net and therefore
you must have the legal right to copy and display each image that you upload.
Collages.net does not allow photographers to upload and/or post any material
that is obscene, offensive, blasphemous, pornographic, threatening, menacing,
abusive, harmful, an invasion of privacy or publicity rights, defamatory,
libelous, vulgar, illegal or otherwise objectionable. Any image that violates
child pornography laws, child sexual exploitation laws and laws prohibiting the
depiction of minors engaged in sexual conduct will be removed and the proper
authorities will be contacted. Collages.net does not actively monitor the
content of members' accounts. However, should you post images that we feel are
unsatisfactory to the Collages.net culture we retain the right and authority to
take such images off of the consumer site.
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13. |
Collages.net has a no refund
policy. Once an order is placed
either on the consumer site or
through the Collages.net admin
area the purchaser is agreeing
that all sales are final.
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14. |
Photographers who subscribe
to the “Unlimited Upload Plan” agree to have a current credit card on file that
will be billed the first monthly fee when the photographer signs up.
Collages.net will then begin billing the credit card monthly, beginning 30 days
after the “start date” (the date photographer expects to begin uploading jobs)
specified by the photographer during the signup process. If photographer
decides to begin uploading jobs before the contracted start date, a new start
date and monthly billing date will be automatically re-established.
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15. |
Photographer is obligated to
give 30 days notice by calling
877-638-7468 to cancel an
“Unlimited Upload Plan”
subscription. There are
absolutely no refunds for unused
months or partial months of use. In the event
Collages.net discovers that any credit card information provided is invalid,
Collages.net reserves the right to suspend access to admin area and remove any
consumer sites or images connected with the invalid credit card.
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16.
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Collages.net agrees to
prepare images for display on the Internet by slightly reducing the resolution
of images and digitally placing an indelible “Proof” mark on the images
indicating to the viewer that the photograph is copyrighted material.
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17. |
Collages.net will
prominently display the Photographer’s contact information (and logo if
provided) on each consumer website for the purpose of allowing those who visit
each site to contact the Photographer. If requested by photographer,
Collages.net will create a link to Photographer’s email and/or website which
will directly link back to the Photographer’s studio website.
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18. |
Photographer is responsible
for ensuring that Collages.net has Photographer’s current fee schedule for
reprints and enlargements on sites. Collages.net will give photographers the
ability to create an unlimited number of price lists for various types of
events. Photographer is responsible for maintaining these price lists through
the admin area. Collages.net will allow those who visit theses sites to
purchase reprints and enlargements directly from the consumer site using their
credit card.
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19. |
Collages.net will provide
an integrated e-commerce engine for the Photographer. Collages.net' e-commerce
engine will process all credit card transactions from reprint orders that take
place on the Photographer’s consumer sites. Collages.net will collect a service
fee of 15%
(12% service charge + 3% credit
card processing fee) which is applied to the entire order total. Collages.net’ is
responsible for all credit card fees resulting from transactions via consumer
sites. After collecting the 15% service charge, the balance of the transaction
will be forwarded to photographer via PayPal,
direct deposit or Collages.net
account credit. It is customary
for studios to increase their
pricing by 15% to cover this
service fee; this automated
feature is available in your
admin area.
>>
Learn more
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19. |
Collages.net has developed
automated systems to facilitate payment or credit on account to you for
reprints purchased on your event or portrait websites. Collages.net holds all
reprint monies in escrow until you the photographer indicate that your
obligation to fulfill the reprint order with the consumer has been satisfied.
Should you fail to select your payment preference through your admin area
(Check, PayPal, Account Credit, Direct Deposit, etc), or should you fail to
change the order status of your reprint orders to "processed” or “shipped", or
“downloaded”, or “completed” after 12 months, any accrued reprint monies will
convert to "credit on account" and will no longer be available as cash. After
12 months from this conversion date, unused credits on your account will
expire.
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21. |
Photographer has the
flexibility to charge whatever amount they deem necessary on their consumer
sites to cover their shipping expenses.
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22. |
In the event of an error
that delays fulfillment of an order, Collages.net’ liability is limited to the
fees that have been collected for that order less any costs incurred by
Collages.net in the processing of that order.
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23. |
Photographer agrees to
obtain and retain the necessary permissions from any and all individuals
appearing in studio’s demo CD/DVD slideshow and from all posted websites,
unless said demo CD/DVD slideshow and/or websites contains only images owned by
Collages.net.
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24. |
Photographer is responsible
for fulfilling all orders in a professional and timely manner. In no event will
Collages.net be liable for any damages whatsoever, including, but not limited
to any direct, incidental, consequential, special, exemplary or other indirect
damages arising out of (i) the use of or inability to use the site, the
service, or the content, (ii) any transaction conducted through or facilitated
by the site; (iii) any claim attributable to errors, omissions, or other
inaccuracies in the site, the service and/or the content, (iv) unauthorized
access to or alteration of your transmissions or data, or (v) any other matter
relating to the site, the service, or the content, even if Collages.net has
been advised of the possibility of such damages. If you are dissatisfied with
the site, the service, the content, or with the terms of use, your sole and
exclusive remedy is to discontinue using the site.
Because some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, some of the above limitations may not
apply to you. In such states, Collages. Net’s liability is limited and
expressed and implied warranties including merchantability and fitness are
excluded to the greatest extent permitted by law, but shall, in no event,
exceed $100.00.
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25.
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You understand and agree
that you are personally responsible for your behavior on the Site. You agree to
indemnify, defend and hold harmless Collages.net, its parent companies,
subsidiaries, affiliated companies, joint ventures, business partners,
licensors, employees, agents, and any third-party information providers to the
Service from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential, exemplary
and indirect damages), and reasonable attorneys’ fees, resulting from or
arising out of your use, misuse, or inability to use the Site, the Service, or
the Content, or any violation by you of this Agreement.
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26. |
Completing the signup
process obligates photographer to the terms and conditions of this agreement.
Access to continued posting services with Collages.net assumes continued
compliance with this agreement.
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27. |
Photographer and
Collages.net acknowledge and agree that they are dealing with each other as
independent contractors. This Agreement shall not constitute a partnership,
joint venture or agency between Photographer and Collages.net, nor shall either
of the parties hold itself out as such contrary to the terms hereof, nor shall
either of the parties be bound or become liable because of any representation,
action or omission of the other.
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28. |
Collages.net
and Photographer further agree that, after a customer places an order via the
Internet, Collages.net will purchase “The “Product” (photographs featured on
our Consumer Sites in the form of photographic prints or other goods) from
Photographer and direct the Photographer to ship the product, via common
carrier, to the customer. It is intended and agreed that title to the product
sold by Photographer to Collages.net transfers to Collages.net after the
product is given to the common carrier and placed in intrastate or interstate
commerce. Collages.net will provide a
Pennsylvania
blanket sale-for-resale exemption certificate (Form
REV-1220)
to Photographer in respect to transactions involving products delivered to
customers located in
Pennsylvania
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29. |
For products or
services purchased from Collages.net by a Photographer located in Pennsylvania
intended for resale to Photographer’s customer, Photographer will provide a
Pennsylvania blanket sale-for-resale exemption certificate (Form REV-1220) to
Collages.net in respect to such transactions.
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30. |
A “Chargeback” is a
situation where a consumer who purchased photographs through a Collages.net
Consumer Website notifies his credit card company that he would like the charge
reversed. As the merchant of record, Collages.net receives formal written
notice of all Chargebacks and is given a period of time (typically 10 days), to
respond in writing. Chargeback’s are rare and are usually the result of delayed
product fulfillment or delivery time. In the event of any Chargeback,
Collages.net will notify photographer via a phone call that a Chargeback has
occurred. Collages.net will work diligently with the photographer and consumer
to resolve the Chargeback. Almost every Chargeback can be resolved through
cooperation on the part of the photographer and consumer. However, in the event
that the Chargeback is not resolved, the photographer is responsible for
reimbursing Collages.net for any monies paid to them or credits used pertaining
to the order subject to the Chargeback. Collages.net will be responsible for
any Chargeback fees imposed by credit card companies. Collages.net also assumes
the risk of increased merchant processing rates resulting from Chargeback’s. If
photographer does not respond to Collages.net within 72 hours after receiving
notice of the Chargeback, Collages.net reserves the right to charge the
photographers credit card on file for the full amount of the Chargeback.
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31.
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General Provisions
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a.
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Entire Agreement/No
Waiver. These Terms of Use constitute the entire agreement of the parties with
respect to the subject matter hereof. No waiver by Collages.net of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
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b.
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Correction of Errors and
Inaccuracies. The Content may contain typographical errors or other errors or
inaccuracies and may not be complete or current. Collages.net therefore
reserves the right to correct any errors, inaccuracies or omissions and to
change or update the Content at any time without prior notice. Collages.net
does not, however, guarantee that any errors, inaccuracies or omissions will be
corrected.
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c.
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Enforcement/ Choice of Law/
Choice of Forum. If any part of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, it will not impact any
other provision of this Agreement, all of which will remain in full force and
effect. Any and all disputes relating to this Agreement, your use of the Site,
any other Collages.net web site, the Service, or the Content are governed by,
and will be interpreted in accordance with, the laws of the Commonwealth of
Pennsylvania, without regard to any conflict of laws provisions. |
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Addendum #1, March 31, 2005
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32. |
Photographer agrees that
any Collages.net products or services ordered must be paid for at the time of
order. Photographer agrees that in the event an account becomes past due,
Collages.net reserves the right to convert any reprint orders to "credit on
account" and subsequently use those credits to satisfy any outstanding
balances. Collages.net does not offer credit terms.
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Date of Last Modification: March 31, 2005
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