Terms of Use

This Photogonia Terms of Service Agreement (the "Agreement") is an agreement between you and Photogonia, Inc ("Photogonia"). This Photogonia Web site and the products and services offered thereby (the ?Service?) is owned and operated by Photogonia, Inc. The following terms and conditions apply to your use of our Services. Please read this Agreement carefully before you enter our Web site. In this Agreement, "you" or "your" means any person or entity using the Service. Unless otherwise stated, "we" or "our" will refer collectively to Photogonia, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

By clicking "I Agree" you agree to the Agreement, the Photogonia Privacy Policy, and any documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and Photogonia, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation effective as of the date you click ?I Agree.? I also understand that as a result of agreeing to this statement, a digital confirmation of my acceptance will be marked in my Photogonia account record as verification of my approval of this condition.

ACCOUNTS

A. Eligibility

To use the Service, you must open an account with Photogonia, which means you must register with Photogonia on the Web site and agree to the terms of this Agreement (an ?Account?). You must be at least 18 years of age to use the Service. By using our Service, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by this Agreement or if you are not at least 18 years of age, please immediately exit the site.

B. Use

Your Photogonia Account is available for your non-commercial, personal use. Your Account can be utilized to post photographs that you want to let other specified people view and purchase. You can also use your Account to view photographs in other Accounts if you have been authorized by that account holder. Any photographs in your account are password protected unless you allow other Photogonia Account holders access to such photographs. Photogonia reserves the right to cancel or discontinue Accounts which have been inactive for more than 60 days. We may do so at our discretion after sending an email warning to the address you used when you set up your Account. If you do not respond to the email within 10 days, your account may be removed. You may not use your Account to create an internet link to eBay or any other web site without the express written permission of Photogonia.

PHOTOGRAPHS AND PRODUCTS

You can purchase the photographs featured on our Web site from Photogonia in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the "Products"). You acknowledge that all Products are custom made to your order 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 Photogonia and shipped to you 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, 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 Photogonia. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Photogonia's prior written consent.

While Photogonia 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 Photogonia 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 support -at- certifiedcustomercare -dot- com with a description of why you would like it removed.

YOUR COPYRIGHTS

Photogonia respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. Photogonia will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. The copyrights in the photographs are owned by the photographers thereof who have licensed to Photogonia the right to post them on the Web site and provide the Services offered. Photogonia makes no claim of ownership to any images uploaded to our servers by our customers. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through this service, please contact Photogonia for notice of claims of copyright infringement at support -at- certifiedcustomercare -dot- com, or at Photogonia, Inc., 1890 Beaver Ridge Circle, Suite A, Norcross Georgia, 30071, 678.405.5500.

CONTENT

A. Limits

You may NOT post or obtain any content using the Web site which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Photogonia recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.

B. Content Monitoring

While Photogonia does not and cannot review all content provided to it, and is not responsible for such content, Photogonia 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 Photogonia for the purposes of delivering the offered services. All content provided by a user of this service is the sole responsibility of that user, not Photogonia.

C. Unauthorized Content

If you send any image to the Web site which violates any term of this Agreement or any applicable law or regualtion, for example copyrighted or pornographic material, Photogonia reserves the right to retain the image and charge your Account the full amount for the Service that you requested.

DISCLAIMERS

THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND EZ PRINTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. EZ PRINTS DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZ PRINTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT EZ PRINTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Neither Photogonia, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products. You acknowledge that the photographers are independent contractors of Photogonia and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to Photogonia, for any damages and/or claims whatsoever relating to the photographs or Products.

INDEMNIFICATION

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Photogonia, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold Photogonia, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.

OWNERSHIP OF OUR WEB SITE

All of the content (other than the photographs) on our Web site, including without limitation, the graphics, design, and look and feel are owned by Photogonia and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The Photogonia logos are trademarks owned by Photogonia and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.

THIRD-PARTY SOFTWARE

Photogonia may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that Photogonia does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Photogonia does not offer any warranty on any third-party software you download using the Web site.

LINKED INTERNET SITES

A. Third Party Links

Our Web site may provide a link to other sites by allowing the user to leave this Site to access third-party material or by bringing the third-party material into this Web site via ?inverse? hyperlinks and framing technology (a ?Linked Site?). Photogonia has no discretion to alter, update, or control the content on a Linked Site. The fact that Photogonia has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and Photogonia, urges you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.

B. You May Not Create a Link to Our Web site

Photogonia prohibits caching, unauthorized hypertext links to the Web site and the framing of any content available through the Web site. Photogonia reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Web site. You may not create a link to our Website without the express written permission of Photogonia.

INTERNATIONAL USE

Photogonia makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

OTHER TERMS

These terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fulton County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Photogonia regarding the use of the Web site or the use or purchase of the photographs or the Products.