MyPhotoPro - Terms and Conditions
(the "Agreement") governs the use of the MyPhotoPro.com website (referred herein as the "Site" and the service available on such Site being referred to herein as the "Service"). The Site is owned by MyPhotoAlbum Inc., ("MPA"). Your use of the Site constitutes your agreement to all of the terms and conditions of this Agreement. If you do not agree to this Agreement, please do not use the Service. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms". MPA reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes. A user's use of the Service after such Terms are posted will mean that such user accepts such Terms.
(a) General. This Agreement is a legal agreement between MPA and each user. The Service is only available to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, please do not use the Service. Each user represents that all information supplied by it is true and accurate. Without limitation, any speculative, false or fraudulent service requests are prohibited. MPA may refuse its Service to anyone at any time. Without limiting the foregoing, MPA can expel any limousine company from its service for reasons at MPA's discretion. Such reasons include but are not limited to : (i) email unresponsiveness, (ii) consumer complaints, (iii) deceptive advertising claims, or (iv) delinquency in payment. In addition, MPA reserves the right to refuse any applicant, affiliate or advertiser who may indirectly or directly compete with MPA's core product. Subsequently, MPA may remove any photography service from our services when evidence is present which indicates a member does not abide by our membership Terms and/or Fee Assessment Policy.
(b) Membership for Photography Companies. In order to become a member of the Site a photography company warrants that it will (i) Email Promptness : The Company is required to check its email every 48 hours; (ii) Locality Restrictions : All companies must be located within a 60 mile radius of their advertising territory and have a local physical address (no P.O. boxes) and a local telephone number to display in the advertisement; (iii) Credit Card Authorization : MPA must receive a credit card authorization from the photography company before an account is setup. The credit card that is provided will be used to charge any and all fees associated with the Service (see paragraph 4 below); (vi) Membership Application : The photography company must complete and submit a membership application. Upon receipt of the application, MPA will notify the company when and if its application has been activated. If a photography company's application for membership of the Site is accepted, the company will be admitted into the Sites' finder service ("Finder Service").
In the Sites' Finder Service, the buyer submits a request containing details regarding the requested photography service to MPA. MPA forwards this request to up to 5 matching photography companies (selected on a random basis) in the customer's geographic area. The recipient photography company is free to respond to the request.
The Site acts as a venue for photography companies and buyers of photography services. MPA is not involved in the actual transaction between buyers and photography companies. As a result, it has no control over the quality, safety, reliability or legality of the services, the truth or accuracy of the listings, the ability of photography companies to provide services or the ability of the buyers to buy services (as set forth in paragraph 13, MPA does have an internet endorsement program - this endorsement simply states that the particular company has presented MPA with valid evidence of internet service readiness, not that MPA provides any warranty with respect to its service). We encourage users to communicate directly with photography companies or buyers or with third parties, such as the Better Business Bureau, to a degree sufficient to establish the reliability of the Photography Company or buyer. No photography company will at any time represent that MPA endorses a photography company or its services. Any disputes between a buyer and a photography company should be handled by the photography company. Because user identification on the Internet is difficult, MPA cannot and does not confirm that each user is who it claims to be.
-
The Service is free for buyers. Photography companies are currently charged two fees for participation in the Service :
(a) Registration Fee. Photography companies must pay a nonrefundable registration fee of $10.00
(b) Per Lead Fee. Photography companies are also charged a per lead fee for leads that are received through the Finder Service. The fee per lead by email is $2.00 and is described in the "Join MyPhotoPro.com" portion of the Site. MPA may in its sole discretion add, delete or change any of its fees at any time. Unless otherwise stated, all fees are quoted in U.S. dollars. Users are responsible for paying all applicable taxes and for all software, hardware, service and other costs a user may incur to access the Service. Lead fees are due immediately following the completed month and will be billed via credit card only.
(c) Fee Assessment : Members accrue lead fees when any given member receives a lead received via email. Email leads are charged at $2.00 per lead. All members are responsible for lead targeting according to the current functionality of the site. MPA is not responsible for member account maintenance or neglect of leads which a member may feel is not appropriate to their service, given the functionality of current site. A lead is chargeable upon delivery to the member's email box unless explicitly excluded in our lead fee schedule.
(d) Fees for Delinquency / Non-Payment : Accounts which are past due (30 days) will be required to file a cash deposit of $50 if the past due balance is less than or equal to $100 and a $100 cash deposit if the past due balance is over $100. All accounts, which are past due and/or cancelled due to non-payment, are subject to a non-refundable $25 reactivation fee.
Advertiser understands that his/her service can be publicly reviewed and rated by past users. Advertiser understands and authorizes MyPhotoPro.com to accept user ratings about your company, both positive and negative. Negative reviews will not removed if proven factual. MyPhotoPro.com is not responsible or liable for postings and reviews made by third parties. Advertisers who refuse to be reviewed by their customers are in violation of our Terms and subject to immediate removal. MyPhotoPro.com utilizes verification methods to confirm a review is true and accurate. Advertisers are eligible to respond to any review at anytime.
The Service may be used for lawful purposes only. MPA specifically prohibits any use of the Service for unlawful purposes, and users agree not to use the Service for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. In addition, each user agrees not to (a) alter, remove, or obscure any notices or markings from the Service, (b) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Service or any portion thereof; (c) create derivative versions of any part of the Service; (d) rent, transfer, distribute or grant any rights in the Service in any form; or (e) use the Service for any purpose that MPA deems to be inappropriate.
The Service contains proprietary materials such as logos, text, software and photos. As between MPA and users, MPA is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks.
In using the Service, a user may be able to post materials for other users to view on the Service or links to other sites. Each user acknowledges and agrees that such user is solely responsible for the form, content and accuracy of any content or information placed by User on the Service.
-
Each user hereby grants to MPA, its sub-licensees, customers and other Users, a royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute any content submitted by user (in whole or part) and/or to incorporate it in other works in any media now known or hereafter developed for the full term of any copyright that may exist in such content.
-
The Service may contain links to web sites operated by parties other than VC ("Third Party Sites"). VC's links to such other sites does not imply any endorsement of the products, services or material on such Third Party Sites or any association with their sponsors or operators. MPA expressly disclaims all content, services and products available through such Third Party Sites. Linking to any other service or site from this Service is at your own risk.
Because we are not and cannot be involved in buyer/photography company transactions, in the event that you have a dispute with one or more other buyers or limousine companies, you release MPA (and its employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says : "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." USER WILL INDEMNIFY AND HOLD MPA AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AGAINST VC ARISING OUT OF (A) ANY USE OF THE SERVICES, THIRD PARTY SITES, OR RELATED GOODS OR SERVICES; (B) ANY BREACH OF THE TERMS; AND (C) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SERVICE OR ANY THIRD PARTY SITE.
-
MPA DOES NOT RECOMMEND ANY SPECIFIC PHOTOGRAPHY COMPANY AND DOES NOT PROVIDE ADVICE ON WHICH PHOTOGRAPHY COMPANY TO SELECT. MPA DOES NOT SELL, SOLICIT APPLICATIONS FOR, OR WRITE CONTRACTS FOR ANY SERVICES. MPA IS NOT A BROKER ACTING ON BEHALF OF ANY BUYER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY PHOTOGRAPHY COMPANY.
-
Each user expressly acknowledges and agrees that its use of the Service, any services or goods obtained or sites linked through the use of the Service, and any data transmitted through the Service is at the sole risk of users. MPA does not provide or make any undertaking or representation with respect to any photography company or as to the quality or nature of any of the products or services purchased through the Service or any other representation, warranty or guaranty. MPA does not warrant that photography companies are licensed or certified to practice in any jurisdiction; nor does MPA make any warranty as to the results that may be obtained from use of the Service or its content or as to the accuracy or reliability of any information obtained through the use of the Service. This paragraph 13 also applies to companies who have passed MPA's internet endorsement program. This endorsement simply states that the particular company has presented MPA with valid evidence of Internet service readiness (not that it is properly insured or licensed and not that MPA provides any warranty with respect to its service). THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND VC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. MPA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
IN NO EVENT WILL MPA BE LIABLE TO USER OR ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICE OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF MPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND MPA's ENTIRE AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID TO VC BY USER FOR THE ONE YEAR PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
-
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between any user and MPA by the Terms.
Except as explicitly stated otherwise, any notices to MPA regarding this Agreement should be sent to legal@myphotopro.com. Any notice to a user shall be given to the name and address submitted at the time of registration.
This Agreement, the Terms, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of MPA. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of New York, United States of America, without giving effect to the principles of conflict or choice of law of such state. Each user hereby consents to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of this Service.
No waiver of any of the Terms shall be deemed waiver of any other such Terms set forth herein.
-
The Terms constitute the entire agreement between each user and MPA with respect to the subject matter covered herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be modified by a user except by a written agreement signed by authorized representatives of both parties.
MPA may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate a user's use of all or any portion of the Service if a user breaches or refuses to comply with the Terms, or any time or for any reason, at the sole discretion of MPA. In addition, MPA my terminate membership of any member should the Terms of Service herein be refuted expressly or implicitly.
The Service hereunder is offered by MyPhotoAlbum Inc., 322 8th Avenue, Suite 701, New York, NY, 10001.