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Terms of Use

Welcome to Photographer Central. By accessing or using Photographer Central, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Definitions

The term “Website” refers to www.photographercentral.com and/or any associated applications or tools.

The term "Member" refers to those visitors who pay a fee to subscribe to this Website in order to offer products or services to visitors.

The term “Member Services” refers to the products and/or services offered by Members via listings on Photographer Central.

The term “Photographer Central Services” refers to the subscription services offered by Photographer Central to Members.

The term "Billing Period" will from here on refer to time period identified in each Member’s subscription plan as billing period.

Photographer Central is a Neutral Venue

Photographer Central is a neutral venue where Members can promote and list their products and services to the public. Photographer Central does not provide any of the products or services offered by Members. Moreover, Photographer Central does not endorse the products or services offered by Members nor do we guarantee the quality of their goods or services. Any transaction you enter into with a Member is solely between you and the Member. Photographer Central is not responsible or liable for any dealings or transactions between users of the Website and Members. Photographer Central is not a party to any such transaction and we will not be a party to any dispute arising out of or related to such transaction.

Account Membership

Subscription Terms / Billing / Renewal / Termination

Subject to the terms and conditions as set forth in this Agreement, Photographer Central may provide Members with Photographer Central Services described on the Photographer Central Pricing webpage. Photographer Central may offer different levels of Photographer Central Services depending on the Member’s subscription plan. It is each Member’s responsibility to be informed of these terms and conditions, as well as the various levels of services provided by Photographer Central. For detailed description and comparison of different levels of services available please refer to the Photographer Central Pricing webpage.

In order to use the Photographer Central Services, you will need to first register an account and subscribe to the Photographer Central Services. If you choose to register an account, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place through your account. By registering an account, you also acknowledge and agree to Photographer Central’s Privacy Policy.

Photographer Central Services are based on the stated Billing Period and all subscription fees are payable in advance. Photographer Central will renew each Member’s subscription automatically at the end of each Billing Period unless the Member notifies Photographer Central in writing of its intent not to renew the Photographer Central Services prior the end of the current Billing Period.

A first-time Member account holder who is dissatisfied with the Photographer Central Services may obtain a refund of charges actually paid by him or her to Photographer Central in connection with that account if, within 30 days of opening the account, he or she requests cancellation of the account and a refund. Any such request must be communicated to Photographer Central by sending email through the Contact Us form.

A Member may terminate the subscription services at any time upon written notice to Photographer Central. Except as expressly provided herein, no refunds will be issued for subscription fees already paid to Photographer Central. Upon termination or expiration of your account, Photographer Central has no obligation to provide you with a copy of your Photographer Content and may delete your Photographer Content from our servers.

Each Member agrees that Photographer Central may terminate each Member’s subscription and/or access to and use of the Photographer Central Services for violation of this Agreement and that determination of any such violation shall be made at Photographer Central’s sole discretion. Photographer Central reserves the right to modify, discontinue, temporarily or permanently, the Photographer Central Services (or any part thereof) with or without notice. Photographer Central shall not be liable to you or to any third party for modifications, price change, suspension, or discontinuance of the Photographer Central Services (or any part thereof).

Photographer Central is Not Available to Minors

Photographer Central is not available to persons under 18 years of age. By accepting these Terms of Use, you confirm that you are of legal age to form a binding contract with Photographer Central, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are over the age of 13, and acknowledge that Photographer Central is not intended for children under 13 years of age. You may not use Photographer Central and may not accept the Terms of Use if you by law are barred from using Photographer Central or accepting the Terms of Use.

You Are Responsible for Your Content

You are solely responsible for the content that you provide, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, “submit”) on or through Photographer Central, or transmit to or share with other users. We reserve the right to review and retain any and all information submitted by you through the Website, including but not limited to User Generated Content (as hereinafter defined) and personal messages sent through the Website. You may not submit content to Photographer Central that you did not create or that you do not have permission to submit. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit Photographer Central to copy, store, publish, display, distribute and otherwise exploit your content. Photographer Central is not and shall not function as an archive. We have no liability to you or any other person for loss, damage or destruction to your content.

Content Rights

Photographer Content

Members retain their full rights to any content they upload to this Website, including, but not limited to, photographs, videos and digital products, biographies, and business information (the “Photographer Content”) and Photographer Central shall not acquire any rights to the Photographer Content except as expressly granted herein.

By delivering or transmitting Photographer Content to Photographer Central, Members grant Photographer Central a nonexclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available Photographer Content as Photographer Central deems appropriate for purpose of providing the Photographer Services or to promote, directly or indirectly, Member Services and/or Photographer Central, including without limitation, the right to post Photographer Content in online and offline advertisements and on Social Media websites and applications (e.g., Facebook, Pinterest, Twitter, Google+, etc.).

Further, each Member understands and agrees that Photographer Central may (but is not obligated to) keep archives of Photographer Content for the purpose of maintaining business records of Photographer Central and preserving evidence of its Website activity.

User Generated Content

Except with respect to Photographer Content described above, visitors grant to Photographer Central a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website (“User Generated Content”), such as comments, reviews or recommendations about this Website or about Member Services. Photographer Central reserves the right to amend, redact and/or delete User Generated Content for any reason.

Other Content

All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of Photographer Central or its licensors or suppliers.

Prohibited Material and Activities

Photographer Central reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Website. Photographer Central may, in its discretion, but is not obligated to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic. The term “material” shall include both Photographer Content and User Generated Content as defined above.

Furthermore, you agree that you shall not (1) transmit or post to Photographer Central or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to you without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to you by other subscribers or visitors; (6) interfere with other visitors' use and enjoyment of the Services or the Website; (7) modify, adapt, or hack Photographer Central or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with you; (8) spam other Photographer Central users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to Photographer Central users, including but not limited to any false or misleading advertising or coupons.

You agree that Photographer Central does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website. Photographer Central reserves the right to prohibit access of any visitor in its discretion.

Claims of Infringement

Photographer Central makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this Website or with respect to the Member Services. Photographer Central cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this Website. If your photograph or trademark appears on this Website without your consent and you wish to have it removed, please contact Photographer Central and provide the URL to the photograph in question. Please state the reason why you would like it removed and Photographer Central will make a reasonable effort to resolve the issue with the Member.

Please send this information to Photographer Central by using the Contact Us form.

Photographer Central is not in a position to determine copyright status of any content uploaded to its site, which may depend upon many facts that are unknown to Photographer Central. If You believe that your copyright rights have been violated by any material or activity on our Website, please send us a notification of claimed infringement that conforms to 17 U.S.C. § 512(c)(3). We expect the following information:

Send the notification to our designated agent to receive notices of claimed infringement as follows:

Alex Peyzner, Att'n DMCA Notices, Photographer Central
3515-A Edison Way, Menlo Park, California 94025
Telephone +1 650 412 1888
Facsimile +1 650 412 1888
Email copyright@photographercentral.com.

Photographer Central has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

Indemnification and Limitation of Photographer Central Liability

You agree to indemnify and hold harmless Photographer Central, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers (each an “Indemnified Party”) from any costs, losses, judgments, awards, damages and expenses (including reasonable attorney’s fees) related to any action, suit, claim or proceeding made, brought or threatened by a third party against an Indemnified Party arising out of or in connection with (1) your breach or alleged breach of these terms and conditions or violation of any representations or warranties contained in this agreement; (2) any materials that you submit or post on this Website; or (3) your misuse of information provided to you by other visitors.

In no event will Photographer Central, its directors, employees, owners, agents, parents or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if Photographer Central has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, Photographer Central’s liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the Photographer Central Services, not to exceed one-thousand United States dollars. You further acknowledge that if you pay no fees to Photographer Central to use the Website or Photographer Central Services, you are limited to injunctive relief only, and are not entitled to damages from Photographer Central regardless of your cause of action.

THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PHOTOGRAPHER CENTRAL DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. PHOTOGRAPHER CENTRAL DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM PHOTOGRAPHER CENTRAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Governing Law, Venue and Jurisdiction

By using Photographer Central, you agree and acknowledge that Photographer Central is hosted in the United States. If you are attempting to access Photographer Central from a physical location within the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of Photographer Central, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of that the laws of the State of California, without regard to principles of conflict of laws, which will govern these Terms of Use and any dispute of any sort that might arise between you and Photographer Central. You agree not to commence or prosecute any action in connection with your use of these Services other than in the state and federal courts of Alameda County, California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Alameda County, California.

Other Terms and Conditions

These Terms of Use, together with policies and guidelines referenced herein, constitute the whole agreement between you and Photographer Central regarding the use of Photographer Central. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be valid and enforceable in full force and effect. If Photographer Central does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.

Photographer Central is owned and operated by Zenfolio, Inc.

Date of Last Revision: October 14, 2014