Collages.net, Inc. ("Collages", "we,"
or "us") provides its site visitors with a number of benefits, including
access to selected articles from our event websites, premium products,
monthly newsletters, and selected tools and other services
(collectively, the "Site Services"), for their individual usage, subject
to compliance with the terms and conditions set forth herein.
In consideration of Collages.net providing you with the site
services (the "TOU").
If you do not agree to the terms and
conditions contained in the TOU, we do not consent to provide you with
access to the site services.
Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the site services, including eliminating or
discontinuing any content or feature of the site services;
Impose fees, charges or other conditions for use of the site services (with reasonable notice).
Any changes we make to the TOU will be
effective seven (7) days after notice of any change is provided
to you, which may be done by means including, without
limitation, posting on our web sites or via email. Your use of
the site services after such notice will be deemed acceptance of
such changes. Our business changes constantly. The TOU, as well
check our web sites frequently to see recent changes. If
circumstances arise that require a shorter period before a
change to the TOU shall be effective, we will make all
reasonable efforts to notify you, including posting notice of
the change on our web site. It is your sole responsibility to
maintain current knowledge of the TOU.
If any of the terms contained in the TOU become unacceptable to
you in the future, you may cancel your photographer membership
by notifying our Customer Service Department by email at
telephone at 1-267-572-5000, Monday through Friday between the
hours of 8:30 a.m. and 5:00 p.m. If you are a client of a
Collages photographer, please ask your photographer to contact
us directly to deactivate your event or portrait website or
should you have any changes for your website. Please allow at
least five business days for such cancellation to become
Registration and Privacy
In order to visit and gain access to the site services, you must use
your email address to log in to any of our event or portrait sites. If
you are a photographer, photo lab, or other partner, you need to
register with Collages.net by supplying us with true, accurate, current
and complete information about yourself, as required on the registration
page. If the information you provide is untrue, inaccurate, incomplete
or outdated, or we have reasonable grounds to suspect it is, we reserve
the right to suspend or terminate your privileges, and to prohibit your
current or future use of the site services. Our policy with respect to
the collection and use of your personal information is set forth in our
As a visitor to our site, and by providing your e-mail address, you give
Collages.net permission to contact you, via email, with information on
how to access this event to view and purchase photographs, and on
specials and future promotions from Collages.net and its partners.
Additionally, by providing your e-mail address, you certify that you are
18 years of age or older.
The site services and the content available through the site services
are the property of Collages.net and its customers to include the images
of our photographers. You may access and use the content, but you are
not permitted to print any images or content from the site. You
acknowledge that you do not acquire any ownership rights by using the
"Collages.net," "Collages" the Collages.net Logo, and other marks are
trademarks and/or service marks of Collages.net, Inc. All other
trademarks, service marks, and logos used on our web sites are the
trademarks, service marks, or logos of their respective owners.
You may not print, republish, upload, post, transmit or distribute
content available through the site to online bulletin boards, message
boards, newsgroups, chat rooms, or in other any manner, without our
prior written permission. Except for normal use by registered
photographers who are paying to use the site, modification of the
content or use of the content for any purpose, other than your own
personal, noncommercial use is a violation of our copyright and other
proprietary rights, and can subject you to legal liability.
You may not post or obtain any content using the web site which: is
threatening, obscene, pornographic or profane, or any other material
that could give rise to any civil or criminal liability under applicable
law. While Collages.net, Inc. does not and cannot review all content
provided to it, and is not responsible for such content, Collages.net,
Inc. reserves the right to delete, edit or rearrange content that it, in
its sole discretion, deems abusive, defamatory, obscene or in violation
of copyright or trademark laws or otherwise unacceptable. You
acknowledge that any content may be removed, published, copied,
modified, transmitted and displayed by Collages.net, Inc. for the
purposes of delivering the offered services. Collages.net, Inc. will not
be liable for any content provided to it, including the photographs and
any content added by account holders.
In addition, in connection with your use of the site services, you agree not to:
Restrict or inhibit any other visitor from using the site
services, including, without limitation, by means of
"hacking" or defacing any portion of any of our web sites;
Use the site services for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile or disassemble any portion of the Site
services or any of our web sites;
"Frame" or "mirror" any content available through the site
services or any of our web sites without our prior written
Use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to download,
retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the
content available through the site services or any of our
web sites; or
Harvest or collect information about users of the site
services without their express consent.
You further agree that at no time will you, directly or
indirectly, engage in, assist, abet, encourage, facilitate or
approve the following:
Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer or property of another.
Download any file posted by any photographer that you know,
or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such
as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source
of software or other material contained in a file that is
Restrict or inhibit any other user from using and enjoying the site services.
Illegally harvest or otherwise collect information about
others, except for use of the Collages.net Power Marketing Tool as outlined in the
Violate any code of conduct or other guidelines or applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any
You also agree to comply with all applicable laws, rules and
regulations in connection with your use of the Site services and
the content made available therein.
Photographs and Products
All of the photographs featured on our web site were created by
photographers who have provided them to Collages.net, Inc. for worldwide
sale and distribution. The copyrights in the photographs are owned by
the photographers thereof who have licensed to Collages.net, Inc. the
right to post them on the site and provide the services offered. You can
purchase the photographs featured on our site from Collages.net, Inc. in
the form of photographic prints, or other photographic products
(collectively, the "Products"). You acknowledge that all products are
custom made to your order by a professional color lab and have no market
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.
All items purchased through Collages.net, Inc. and shipped to you by
your photographer or their color lab are subject to a shipment contract
under which the risk of loss and title for such items pass to you upon
our delivery to our shipping carrier. You may not reproduce, scan,
display, transmit, distribute or otherwise exploit the products, or any
portion thereof, in any manner, including, without limitation, print or
electronic reproduction, publication or any display of photographs,
without the prior written consent of your photographer. You agree not to
otherwise modify, alter or otherwise manipulate any product, including
without limitation, adding other material to a product, without
Collages.net, Inc.'s prior written consent. While Collages.net, Inc.
uses reasonable efforts to ensure compliance with applicable laws
relating to rights of privacy or publicity, including the use of subject
releases when necessary and requiring the photographers to screen the
photographs posted on the web site, it makes no representations or
warranties as to the accuracy, correctness or reliability of the
photographs, nor can Collages.net, Inc. ensure that all persons depicted
in the photographs have consented to the display of their image on this
web site. If your photograph appears on this web site without your
consent and you wish to have it removed, please copy the thumbnail image
and e-mail it to
email@example.com with your reason
why you would like it removed.
Features and Links to Other Web Sites
Your use of certain services made available to you by Collages.net may
be governed by additional rules, which are available on our web sites or
by hyperlink from other sites, in connection with the service. By using
any service you are acknowledging that you have reviewed all
corresponding rules and agree to be bound by them. Some of the services
may have been provided by third parties for your use. In the event that
any service or tool is provided by a third party, such service or tool
may become unavailable in the event that the agreement between us and
the third party is terminated or the third party ceases to offer it. You
expressly acknowledge and agree that your use of all services and tools
is solely at your risk.
Any sweepstakes, contests, and games that are accessible through our web
sites are governed by specific rules. By entering such sweepstakes or
contests or participating in such games, you will become subject to
Content available through the Site services may contain links to other
Internet web sites or resources. We neither control nor endorse such
other web sites, nor have we reviewed or approved any content that
appears on such other web sites. You acknowledge and agree that we shall
not be held responsible for the legality, accuracy, or inappropriate
nature of any content, advertising, products, services, or information
located on or through any other websites, nor for any loss or damages
caused or alleged to have been caused by the use of or reliance on any
Disclaimer of Warranties
THE SITE SERVICES, AND ANY CONTENT, PRODUCT OR SERVICE OBTAINED OR
ACCESSED THROUGH THE SITE SERVICES, IS PROVIDED "AS IS" AND WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLLAGES.NET,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF
ANY INFORMATION AVAILABLE THROUGH THE SITE SERVICES.
Some jurisdictions do not allow the exclusion of implied warranties, so
the above exclusions may not apply to you.
COLLAGES.NET AND ITS AFFILIATES TO INCLUDE PROFESSIONAL PHOTOGRAPHERS,
SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE SERVICES OR THE SERVER(S) ON WHICH THE
SITE SERVICES IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS
AND USE SITE SERVICES, INCLUDING THE INTEGRITY OF YOUR SOFTWARE AND THE
ABSENCE OF VIRUSES OR OTHER MALWARE AND ALL CHARGES RELATED THERETO. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE SERVICES
AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF
COLLAGES.NET OR ITS AFFILIATES, SUPPLIERS, AGENTS, SITE VISITORS, OR
VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY
WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTAINED THEREIN, AND ANY
MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that content available through the Site services
could include inaccuracies or errors, or materials that violate the TOU.
Additionally, a possibility exists that unauthorized alterations could
be made to the content available through the Site services by third
parties. Although we attempt to ensure the integrity of our web sites
and other products and services, we make no guarantees as to the
completeness or correctness of any content available through the Site
services. In the event that such a situation arises, please contact us
at firstname.lastname@example.org with, if
possible, a description of the material to be checked and the location
(URL) where such material can be found on our web sites, if applicable,
as well as information sufficient to enable us to contact you. We will
try to address your concerns as soon as reasonably practicable. For
copyright infringement claims, see the section on "Copyright
Limitation of Liability
NEITHER COLLAGES.NET, INC. NOR ITS AFFILIATES, SUPPLIERS,
ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, GROSS
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR
ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH COLLAGES.NET. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE SERVICES IS TO STOP USING IT.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT
PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE SERVICES.
Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitations may
not apply to you.
You agree to indemnify, defend and hold us, our officers, directors,
employees, agents and representatives harmless from and against any and
all claims, damages, losses, costs (including reasonable attorneys'
fees), or other expenses that arise directly or indirectly out of or
from (a) your violation of the TOU; (b) your use of the Site services;
or (c) your violation of the rights of any third party.
You understand and agree that Collages.net may, under certain
circumstances and without prior notice to you, terminate your access to
and use of the site services. Cause for such termination shall include,
but not be limited to, (i) breaches or violations of the TOU or other
agreements or guidelines, (ii) requests by law enforcement or other
government or regulatory authorities, or (iii) technical difficulties.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe
in good faith that materials hosted by Collages.net, Inc. or one of its
subsidiaries infringe your copyright, you (or your agent) may send us a
notice requesting that the material be removed, or access to it blocked.
If you believe in good faith that a notice of copyright infringement has
been wrongly filed against you, the DMCA permits you to send us a
counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see
www.loc.gov/copyright/ for details. Notices
and counter-notices with respect to our web sites should be sent to
Collages.net, Inc., 930 Town Center Drive, Langhorne, PA 19047, tel:
(267) 572-5000, fax: (215) 741-5720, email:
customerservice@Collages.net. We suggest that
you consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under the
DMCA. Nothing contained herein shall be construed as legal advice and it
is not intended as legal advice.
The Service is directed solely to individuals residing in the United
States. We make no representation that materials provided through the
Service are appropriate or available for use in other locations. Those
who choose to access the Service from other locations do so on their own
initiative and at their own risk, and are responsible for compliance
with local laws, if and to the extent applicable. We reserve the right
to limit the availability of the Service to any person, geographic area,
or jurisdiction we so desire, at any time and in our sole discretion,
and to limit the quantities of any such service or product that we
The TOU, together with all TSC policies referred to herein, constitutes
the entire agreement between you and Collages.net relating to your use
of the site services and supersedes any and all prior or contemporaneous
written or oral agreements on that subject between us. The TOU and the
relationship between you and Collages.net are governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania, without
regard to its principles of conflict of laws. You and Collages.net agree
to submit to the personal and exclusive jurisdiction of the federal
courts for the Eastern District of Pennsylvania and Bucks County Court
of Common Pleas, Bucks County, Pennsylvania, and waive any in personam
jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of the TOU is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
the TOU and shall not affect the validity and enforceability of any
remaining provisions. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained in
the TOU is inserted only as a matter of convenience and in no way
defines, modifies, limits, expands or explains any section or provision
hereof. We reserve the right to require you to sign a non-electronic
version of the TOU.