SmugMug terms of use

This User Agreement ("Agreement") is between you and Military Advantage, Inc., with a principal place of business at 799 Market Street, Suite 700, San Francisco, California. This Agreement shall apply to the following Military Advantage, Inc. Web site properties: Military.com, gibillexpress.com, TheFew.com, MilitaryReport.com, and/or Fred's Place.org (collectively and individually hereinafter referred to as the "Military.com Web site," the "Web site," or the "Site.") Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the Military.com Web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular Military Advantage services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.

By using the Military.com Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use the Military.com Web site.

1. You acknowledge that upon becoming a member of Military.com, you are automatically subscribed to receive notifications including but not limited to updates on your unit affiliation, community, or benefits. If you would not like to receive these notifications, you can remove yourself from these lists at any time at your member management page.

2. You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site.

3. You agree to the terms and conditions of the Military Advantage, Inc. Privacy Policy, hereby incorporated by reference, which details the ways in which we and other parties might use personal information that belongs to you. In accordance with this Policy, we may use information and materials received from you or collected through your use of our Site, and may disclose such information to third parties.

4. You are responsible for regularly reviewing this User Agreement. Military Advantage, Inc. reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.

5. You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Military Advantage, Inc. or its affiliates for all claims resulting from content you supply.

6. You shall not upload, email, post or transmit to, or distribute or otherwise publish through the Military.com Web site any material which: (i) disrupts the normal flow of dialogue and/or exchange on the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the Military.com Web site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.

7. You will not create or participate in rooms determined by Military Advantage, Inc. to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property.

8. We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. Military Advantage, Inc. has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.

9. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Military.com Web site, you hereby grant to Military Advantage, Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against Military Advantage, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

10. You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. Military Advantage, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Military.com Web site users or endorse any opinions expressed by such users. Military Advantage does not screen, monitor or approve Communications from our Web site users in advance. If we receive notification about a user regarding Communications which allegedly do not conform to this Agreement, Military Advantage, Inc. has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities. Military Advantage, Inc. reserves the right to expel users and prevent their further access to the Military.com Web site for violating this Agreement or violating the law. We have the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.

11. Military Advantage, Inc. may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against Military Advantage, Inc. in the event of a dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, Military Advantage, Inc. may delete and/or store, in its discretion, data associated with your use of the Site. Military Advantage, Inc. may also change, suspend, or discontinue any aspect of the Military.com Web site at any time, including the availability of any Web site feature, database, or content.

12. The Military.com Web site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content. Our Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Military.com Web site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

13. Military Advantage, Inc. makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Military.com Web site. We make no guarantee of the accuracy, correctness or completeness of any information on the Site, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Military.com Web site; and (iii) any defamatory, libelous or unlawful material contained within the Site, including user Web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users' use of the Site's chat features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither Military Advantage, Inc. nor its Web site members, while such members are participating in the Site, are engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. Military Advantage, Inc. has the right, but not the obligation, to correct any errors or omissions in any portion of the Military.com Web site.

14. Military Advantage, Inc. is not involved in any transaction between any parties who use our Site. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. The Military.com Web site is a venue only and we do not screen, censor, or otherwise control the Classifieds or other listings ("Classifieds"), its users or their behavior. We cannot control whether or not users of our Classifieds will complete the transactions they describe on our Site. It is extremely important that you use care throughout your dealings with other people on this Site. Military Advantage, Inc. prohibits misleading offers that do not list the total purchase price or a "bait & switch" of products; advertisements listed in the incorrect category; duplicate listings that contain more than 60% of the same characters, regardless of category; and criminal offers including but not limited to registering another email address other than your own. Military Advantage, Inc. prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, user account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, from any party, related to such exposure. Military Advantage, Inc. prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:




    		• Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)

    		• Alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)

    		• Firearms (as defined from time to time by the B.A.T.F.)

    		• Cigarettes or any other tobacco product for human consumption

    		• Pharmaceuticals or any other controlled substance

    		• Dangerous, counterfeit or stolen goods

    		• Goods which do not actually exist

    		• Any good that infringes or violates anyone's rights

    		• Any item, which in Military Advantage, Inc.'s sole discretion, is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
  		• Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.


    Military Advantage, Inc.'s Classifieds strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Classifieds service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. Our Classifieds also prohibit the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Military Advantage, Inc.'s Classifieds systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

    You understand and agree that you are responsible for all applicable taxes and for all costs that are incurred in using the Classifieds. We may also, in our sole discretion, add or delete fees associated with the service. You agree not to resell or assign your rights or obligations under this User Agreement. You also agree not to make any unauthorized commercial use of the Classifieds or to make use of any person's information other than as necessary to complete any Classifieds transactions in which you are involved. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Military Advantage, Inc. Classifieds and any user of the service.

    15. Gathering email addresses from Military.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Military Advantage, Inc. should be directed to:
    anne.dwane@militaryadvantage.com

    16. YOU AGREE THAT YOUR USE OF THE MILITARY.COM WEB SITE IS AT YOUR OWN RISK. THE MILITARY.COM WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE MILITARY.COM WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL MILITARY ADVANTAGE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MILITARY.COM WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MILITARY.COM WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE MILITARY.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MILITARY ADVANTAGE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM MILITARY ADVANTAGE, INC'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, MILITARY ADVANTAGE, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MILITARY.COM WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MILITARY.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MILITARY ADVANTAGE, INC.'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

    17. The links found on the Military.com Web site will let you leave our Web site and go to sites operated by parties other than Military Advantage, Inc. The linked sites are not under the control of Military Advantage, Inc. and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the Military.com Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Military Advantage, Inc., or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Military Advantage, Inc., or any of its affiliates, and any linked third party or their content. Military Advantage, Inc. does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

    18. By offering a number of third party products and services, including advertisements, on our Site, Military Advantage, Inc. makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. Military Advantage, Inc. expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against Military Advantage, Inc. for damages arising from such transactions or your reliance upon statements contained therein. You will not consider Military Advantage, Inc. nor will Military Advantage, Inc. be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS MILITARY ADVANTAGE, INC. LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE MILITARY.COM WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.

    19. The Military.com Web site makes chat rooms, forums, message boards, email, user-generated homepages, classifieds, and/or news groups available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. We have the right, but not the obligation, to deny the posting of material and to edit, remove, and use any material on our Site. You shall not impersonate someone else, including one of our trained chat hosts, nor use deceptive nicknames that would lead people to believe you are a person, entity, or rank that you are not. Use of names, such as "AdmHall" or "GenWestmorland" are both misleading and disrespectful. You will not stalk others in our chat rooms or in another manner. Such behavior is a serious offense and may be considered a criminal act.

    20. This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in San Francisco, CA.

    21. Any cause of action you may have with respect to your use of the Military.com Web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

    22. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against Military Advantage, Inc. and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you in a chat room, message board, e-mail, or home page (created or used by you) on the Military.com Web site, or statements made by you in the Site or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.

    23. Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Military Advantage, Inc., Attention Legal Department, 799 Market Street, Suite 700, San Francisco, California 94103.

    24. This Agreement and our Privacy Policy contain the entire agreement between you and Military Advantage, Inc. with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Military Advantage, Inc. with respect to this Site. Any rights not expressly granted herein are reserved.

    COPYRIGHT
    The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Military.com Web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. The names Military Advantage, Inc., Military.com, TheFew.com, Fredsplace.org, Gibillexpress.com, MilitaryReport.com, the Military.com logos, and the tagline "Engage!" are, inter alia, trademarks and/or property of Military Advantage, Inc. that may be registered in certain jurisdictions. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the Military.com Web site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Site. The posting of information or materials on the Military.com Web site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the Military.com Web site for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of Military.com Web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Military Advantage, Inc. and/or the respective intellectual property rights holder identified in the subject content.

    Military Advantage, Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of Military Advantage, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Military Advantage, Inc.'s Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5)a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Military Advantage, Inc.'s Copyright Agent for notice of claims of copyright infringement on this Site is:

    Corporate Counsel
    Military Advantage, Inc.
    799 Market Street, Suite 700
    San Francisco, CA 94103
    Phone: 415.820.3434
    Fax: 415.820.0552

    THE MILITARY.COM WEB SITE IS NOT ENDORSED BY THE FEDERAL GOVERNMENT

    The Military.com Web site has not been approved or endorsed by the United States Federal Government, Department of Defense, any military service branch, or any agency thereof. The products, services, and information offered by the Military.com Web site are not being made by an agency of the United States Federal Government.


    SmugMug terms of use

    Welcome to SmugMug! We love photography and for the most part this site is all about photos and camaraderie. For the protection of our partners, suppliers, you and us, however, the Terms of Use of SmugMug.com are very important.

    SmugMug, inc., the owner and operator of SmugMug.com, and its affiliates and suppliers (collectively "SmugMug") provide their media hosting and related services (the "Services") to you subject to the following conditions. If you visit or purchase at SmugMug.com, you accept these terms and conditions.

    SUBSCRIPTIONS

    SmugMug provides its media hosting services on an annual subscription basis. By subscribing to SmugMug, you agree to pay all charges to your account in accordance with the selected level of service, and the billing terms in effect when payment is due. From time to time, SmugMug may make introductory offers to allow you to try the hosting service without charge for a period of time. If you subscribe pursuant to such an offer, you agree to be automatically charged for your subscription at your level of service once your trial period expires, unless you terminate your account prior to 11:59 p.m. PST on the last day of your trial period. Your annual subscription period will begin once your introductory trial period ends.

    SmugMug reserves the right to modify or add additional fees and billing terms, upon prior notice to the member on our website. Information about SmugMug's current subscription services and fees is available at www.SmugMug.com/price. SmugMug may change the Services it offers at any time.

    Unless you terminate your account prior to the end of each annual period, your subscription will renew automatically, and the credit card designated on your account will be billed the applicable subscription fee for an additional one year term. Subscribers must keep their registered email addresses and other account information current, as SmugMug may send important notices, such as reminders about the end of the annual period, to that email account. If you decide to upgrade to a higher level of service, the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.

    In connection with recurring billing for renewals or billing for upgrades, we may receive updated information about your account from the financial institution issuing your credit card. If we are unable to process your credit card payment, your account will be terminated at the end of its current term.

    TERMINATION

    SmugMug agrees to terminate your account at any time upon notice from you, at help@Smugmug.com.

    SmugMug may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at SmugMug's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, SmugMug, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that SmugMug deems appropriate to enforce its rights and pursue all available remedies.

    Upon your termination of your account, you will not recieve a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to SmugMug on your account, you will be liable for all attorneys' and collection agency fees.

    PRIVACY

    SmugMug has established a Privacy Policy to explain to you how your information is collected and used. Your use of the SmugMug website or the Services signifies acknowledgement of and agreement to our Privacy Policy.

    If you are a resident of the European Union, you understand and agree that SmugMug stores and processes your information on computers located in the United States, and by providing any data to SmugMug, you consent to the transfer of such information to the United States.

    You acknowledge and agree that SmugMug may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of SmugMug, its employees, users and third parties, and the public.

    ELECTRONIC COMMUNICATIONS

    When you visit SmugMug.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    COPYRIGHT

    All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of SmugMug, or its subscribers who upload photographs or other media, or its content and software suppliers and is protected by United States and international copyright laws. SmugMug's selection, coordination and arrangement of all content on this site is the exclusive property of SmugMug, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services is the property of SmugMug or its software suppliers and is protected by United States and international copyright laws.

    LICENSE AND SITE ACCESS

    SmugMug grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of SmugMug, inc. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SmugMug, inc. Any unauthorized use terminates the permission or license granted by SmugMug.

    You are granted a limited, revocable, and nonexclusive right to create hyperlinks to SmugMug pages so long as the links do not portray SmugMug or its suppliers or their products or services in a false or misleading manner.

    ACCOUNT SECURITY

    If you subscribe to SmugMug's hosting service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify SmugMug of any unauthorized use of your account or any other breach of security known to you.

    SmugMug uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the SmugMug website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.

    REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

    Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." SmugMug reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.

    LICENSE GRANTED BY USERS

    SmugMug does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). SmugMug will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the SmugMug site, you grant SmugMug a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.

    You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify SmugMug for all claims resulting from Content you supply. SmugMug has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that SmugMug takes no responsibility and assumes no liability for any Content posted by you or any third party.

    COPYRIGHT COMPLAINTS

    SmugMug respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact SmugMug's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyrightagent@SmugMug.com or Copyright Agent, SmugMug, 3347 Shady Spring, Mountain View, CA 94040.

    Please provide our Agent with the following Notice:

    (1) Identify the copyrighted work or other intellectual property that you claim has been infringed;

    (2) Identify the material on the SmugMug site that you claim is infringing, with enough detail so that we may locate it on the website;

    (3) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    (4) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

    (5) Your address, telephone number, and email address; and

    (6) Your physical or electronic signature.

    SmugMug's Agent will forward this information to the alleged infringer.

    NUDITY

    SmugMug must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other Media portraying explicit nudity that would be unacceptable in a public museum where minors visit, for example. If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for SmugMug. Judgement of suitable Media is the sole discretion of SmugMug, and SmugMug reserves the right to delete any photographs or other Media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other Media violating this policy.

    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    THIS SITE IS PROVIDED BY SmugMug ON AN "AS IS" AND "AS AVAILABLE" BASIS. SmugMug MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SmugMug DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, SmugMug DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SmugMug ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    UNDER NO CIRCUMSTANCES SHALL SmugMug BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SmugMug WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SmugMug WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE SmugMug WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SmugMug WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SmugMug CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    INDEMNITY

    You agree to indemnify and hold SmugMug, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agrees to hold SmugMug harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on SmugMug.

    APPLICABLE LAW

    By visiting SmugMug.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SmugMug.

    MERGER OR ACQUISITION

    It is possible that as we continue to develop our website and our business, SmugMug's Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that SmugMug may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.

    DISPUTES

    Any dispute relating in any way to your visit to SmugMug.com or to products you purchase through SmugMug.com shall be submitted to confidential arbitration in Mountain View, California, except that, to the extent you have in any manner violated or threatened to violate SmugMug's intellectual property rights, SmugMug may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.

    SITE POLICIES, MODIFICATION, AND SEVERABILITY

    We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with SmugMug in any way, your only recourse is to immediately: (1) discontinue use of SmugMug and (2) terminate your SmugMug subscription help@Smugmug.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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