2. Changes to the TERMS
We reserve the right at any time to:
If any items contained in the TERMS become unacceptable to you in the future, you may cancel your photographer membership by notifying our Customer Service Department by email at firstname.lastname@example.org or by telephone at 1.302.984.0807, Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. If you are a client of an Efotolab 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 effective.
3. Registration and Privacy
As a visitor to our site, and by providing your e-mail address, you give Efotolab.com permission to contact you, via email, with information on how to access an event to view and purchase photographs, and on specials and future promotions from Efotolab.com and its partners. Additionally, by providing your e-mail address, you certify that you are 18 years of age or older.
4. Proprietary Rights
The site services and the content available through the site services are the property of Efotolab.com 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 site services.
"Efotolab.com," "Efotolab" the Efotolab.com Logo, and other marks are trademarks and/or service marks of Efotolab.com, Inc. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
5. User Conduct
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 any other 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 Efotolab.com, Inc. does not and cannot review all content provided to it, and is not responsible for such content, Efotolab.com, 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 Efotolab.com, Inc. for the purposes of delivering the offered services. Efotolab.com, Inc. will not be liable for any content provided to it, including the photographs and any content added by account holders
Child Pornography On The Internet
Our policy on child pornography is zero tolerance. Efotolab.com will cooperate fully with any criminal investigation into a third Party’s violation of the child protection act of 1984 concerning child pornography. The members of Efotolab.com are responsible for their actions over Efotolab.com’s network, and will be liable for illegal material posted. According to the child protection act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the child protection act may be reported to the
U.S. Customs Agency at 1-800-BEALERT
In addition, in connection with your use of the site services, you agree not to:
You further agree that at no time will you, directly or indirectly, engage in, assist, abet, encourage, facilitate or approve the following:
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.
6. Photographs and Products
All of the photographs featured on our web site were created by photographers who have provided them to Efotolab.com, Inc. for worldwide sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to Efotolab.com, Inc. the right to post them on the site and provide the services offered. You can purchase the photographs featured on our site from Efotolab.com, 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 Efotolab.com and have no market beyond your purchase thereof. All items purchased through Efotolab.com, Inc. and shipped to you by your photographer or Efotolab.com 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 Efotolab.com, Inc.'s prior written consent. While Efotolab.com, 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 Efotolab.com, 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.
7. Features and Links to Other Web Sites
Your use of certain services made available to you by Efotolab.com 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.
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 such content.
8. 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, EFOTOLAB.COM, 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.
EFOTOLAB.COM 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 EFOTOLAB.COM 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 TERMS. 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 Infringement" below.
9. Limitation of Liability
NEITHER EFOTOLAB.COM, 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 EFOTOLAB.COM. 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 TERMS; (b) your use of the Site services; or (c) your violation of the rights of any third party.
You understand and agree that Efotolab.com 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 TERMS or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
12. Copyright Infringement
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 Efotolab.com, 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 Efotolab.com, Inc., 1900 Superfine Lane, Wilmington, DE 19801 email: customerservice@Efotolab.com. 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.
13. Independent Contractor Relationship
Photographer's relationship with efotolab.com is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. Photographer will not be entitled to any of the benefits which efotolab.com may make available to its employees, including, but not limited to, group health or life insurance, profit-sharing or retirement benefits. Photographer is not authorized to make any representation, contract or commitment on behalf of efotolab.com unless specifically requested or authorized in writing to do so by an officer of efotolab.com. Photographer is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under this Agreement. Photographer shall be solely liable for any failure to pay applicable taxes. Photographer is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under this Agreement. No part of Photographer's compensation will be subject to withholding by efotolab.com for the payment of any social security, federal, state or any other employee payroll taxes. Efotolab .com will regularly report amounts paid to Photographer by filing Form 1099-MISC with the Internal Revenue Service as required by law.
13a. Profit Payments to Photographers
Efotolab.com, Inc. processes photographer profit payments on a monthly basis. Profit payment are based on orders shipped in the month prior to payment issuance. For example, payments calculated and paid on the 1st of the month are for orders shipped in the previous month. Photographers who elect to receive profit payment via check will receive payment as long as their profit for a given month exceeds $10.00. If profits are less than $10.00 they will be held over and consolidated until their total profit exceeds the $10.00 minimum. EFT (Electronic Funds Transfer) directly to the photographers bank account is available and photographers who elect EFT are not subject to the $10.00 minimum.
To sign up for EFT, download the form, complete, enclose a canceled check and send to Efotolab.com, Inc., 1900 Superfine Lane, Suite #9, Wilmington, DE 19802.
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 provide.
The TERMS, together with all TSC policies referred to herein, constitutes the entire agreement between you and Efotolab.com 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 TERMS and the relationship between you and Efotolab.com are governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflict of laws. You and Efotolab.com agree to submit to the personal and exclusive jurisdiction of the federal courts for the State of Delaware and the Delaware Court of Chancery, and waive any in personal jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TERMS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TERMS 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 TERMS 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 TERMS.