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Terms of service

BuyThisImage! Terms of Service

Before you begin using BuyThisImage!, you must read and agree to these BuyThisImage! Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

BuyThisImage! is a product of Exposure Manager, Inc . (www.exposuremanager.com and Exposure Manager, Inc., hereinafter collectively, ÒExposureManagerÓ) and therefore, in addition to these Terms of Service, User is required to comply with the applicable terms contained in the ExposureManager Terms of Service and other obligations as follows:

ExposureManager Terms of Service - ExposureManager's general terms and conditions (http://www.exposuremanager.com).

Although we may attempt to notify you when major changes are made to these BuyThisImage! Terms of Service, you should periodically review the most up-to-date version at the address above. BuyThisImage! and/or ExposureManager may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the BuyThisImage! service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. BuyThisImage! is a service that allows for print order processing (the "Service") using a Widget designed to make any image for sale on any website you apply it to i.e., blogs and personal sites. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. BuyThisImage! and/or ExposureManager disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. BuyThisImage! and/or ExposureManager also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You must be at least thirteen (13) years of age to use the Service. BuyThisImage! and/or ExposureManager reserve the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

You agree to abide by the Terms of Service and the Content Policy for the site on which you make the posting of the image for sale. You agree that BuyThisImage! and/or ExposureManager has no responsibility or liability for any claims by third parties in this regard.

Much of the content of contained on the internet is provided by and is the responsibility of the person or people who made such postings. BuyThisImage! and/or ExposureManager do not monitor the content of third party postings and take no responsibility for such content.

By their very nature, images sold by third parties using BuyThisImage! may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using BuyThisImage!.

BuyThisImage! and/or ExposureManager do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via any third parties or any parties making the postings for sale. You acknowledge that any reliance on material posted via the Service will be at your own risk. Any Cease and Desist Requests will be immediately forwarded to You, the ÒUserÓ and should it be deemed that immediate response is required, BuyThisImage!/ExposureManager reserves the right to comply prior to approval by User.

3. User Responsibilities. You, the ÒUserÓ must be aware of, and comply with, the following guidelines:

A. Administrative Duties. BuyThisImage! and ExposureManager make contact with its Users via email and the Administrative Screen assigned to them. It is imperative that all address, telephone, email and billing/credit card information be kept up-to-date to ensure efficiency in all areas of our relationship.

B. Pricing and Payment Terms. When receiving orders from End-Users, payments will be made by credit card. These charges will include the prices of prints or other products (mugs, mouse pads, etc.) as set and offered by User in addition to the shipping and handling fees.

For every order by an End-User, ExposureManager will retain the fulfillment costs of prints and/or other products (greeting cards, gift items), shipping and handling fees, minimum charge fees if any, as well as the commission fee (charged on the gross order payment not including shipping and handling fees, and taxes). The credit card processing fee is waived and absorbed by BuyThisImage!/Exposure Manager. The balance of each order, minus any chargebacks that may be due to Exposure Manager for prior orders and/or other dues by User to Exposure Manager, will be forwarded to the User in a monthly check no later than forty-five (45) days after the order has been shipped to the customer. Subject to change with 15 days prior notice, Exposure Manager's current practice is to mail payment by check of all amounts due to User on the 5th business day of the current month for all the transactions occurred on the previous calendar month. Please note ExposureManager charges for replacement checks and passes through any chargeback fees should an End User request same. Please see the ExposureManager Knowledgebase on this issue. All applicable sales taxes shall be collected and paid by Exposure Manager based on ExposureManager being the party making sale via the internet and the sale occurring in the State of California.

C. Timeliness. User shall be responsible for timely upload of optimized, full-size images ("FSIs") within seven (7) calendar days of the order. ExposureManager shall be responsible for timely processing and shipping all orders directly to End-Users/photo customers in accordance with the terms of the order once User has uploaded the FSIs. Exposure Manager shall use due diligence to notify the User of an order at the time the order is placed via email and the administrative interface. Failure to upload in a timely fashion results in End-User complaints and often times order cancellations and refunds. Any fees associated with this sort of occurrence will be passed though to the User, if applicable. Please refer to the Miscellaneous Charges Section below.

D. Miscellaneous Charges (Generated by End-User). ExposureManager shall notify the User of any returns, refunds, or fee disputes by any photo customer/End User. User accepts and understands that any charges affiliated with these returns and/or fee disputes will be passed through to the User's account. In the event an amount is due to ExposureManager at the end of the monthly billing/sales payment cycle (not the end of your subscription period), the amount due to ExposureManager may be charged to the credit card on file at its discretion. Please note that chargebacks to an End-User's card can be generated up to 120 days after the order date.

Exposure Manager reserves the right to utilize and charge the credit card on file for any amounts owed to ExposureManager.

4. Privacy. As a condition of using the Service, you agree to the terms of the BuyThisImage! and/or ExposureManager Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that BuyThisImage! and/or ExposureManager may access or disclose your personal information, including the content of your communications, if BuyThisImage! and/or ExposureManager is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general BuyThisImage! and/or ExposureManager Privacy Policy. Personal information collected by BuyThisImage! and/or ExposureManager may be stored and processed in the United States or any other country in which BuyThisImage! and/or ExposureManager Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

5. General Practices Regarding Use and Storage. You agree that BuyThisImage! and/or ExposureManager has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. BuyThisImage! and/or ExposureManager retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

6. Content of the Service. BuyThisImage! and/or ExposureManager take no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does BuyThisImage! and/or ExposureManager have any obligation to monitor such third-party content. BuyThisImage! and/or ExposureManager reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. BuyThisImage! and/or ExposureManager also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of BuyThisImage! and/or ExposureManager, its users and the public. BuyThisImage! and/or ExposureManager will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

7. Intellectual Property Rights. BuyThisImage! and/or ExposureManager's Intellectual Property Rights. You acknowledge that BuyThisImage! and/or ExposureManager owns all right, title and interest in and to the Service, including all intellectual property rights (the "BuyThisImage! and/or ExposureManager Rights"). BuyThisImage! and/or ExposureManager Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, BuyThisImage! and/or ExposureManager Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. BuyThisImage! and/or ExposureManager claims no ownership or control over any Content submitted, displayed or posted for sale by you on or through BuyThisImage.com, BuyThisImage! and/or ExposureManager/ exposuremanager.com services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through BuyThisImage! or ExposureManager services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through BuyThisImage! and/or ExposureManager services which are intended to be available to the members of the public, you grant BuyThisImage! and/or ExposureManager a worldwide, non-exclusive, royalty-free license to reproduce and distribute to the ordering party any Content at its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

You may choose to utilize the services offered by BuyThisImage! or ExposureManager to offer for sale any images you submit, post, and display under a public license (e.g. a Creative Commons license), by manually marking your materials using the BuyThisImage! service tools to do so. For avoidance of doubt, BuyThisImage! and/or ExposureManager is not a party to any such public license between you and any third party. Also, for avoidance of doubt, BuyThisImage! and/or ExposureManager may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

8. No Resale of the Service. Unless expressly authorized in writing by BuyThisImage! and/or ExposureManager, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

9. Publicity. Any use of BuyThisImage! and/or ExposureManager's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "BuyThisImage!," "BuyThisImage.com," "BuyThisImage.net," and "BuyThisImage! " and/or "ExposureManager.com" must be in compliance with this Agreement and in compliance with BuyThisImage! and/or ExposureManager's Terms of Service which may be found at the following URL: http://www.BuyThisImage.com and/or http://www.ExposureManager.com (or such other URL BuyThisImage! and/or ExposureManager may provide from time to time).

10. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to BuyThisImage! and/or ExposureManager to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

11. Termination; Suspension. BuyThisImage! and/or ExposureManager may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. These Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

12. Indemnification. You agree to hold harmless and indemnify BuyThisImage! and/or ExposureManager, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BuyThisImage! and/or ExposureManager will provide you with written notice of such claim, suit or action.

13. Entire Agreement. This Agreement constitutes the entire agreement between you and BuyThisImage! and/or ExposureManager and governs your use of the Service, superseding any prior agreements between you and BuyThisImage! and/or ExposureManager. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BuyThisImage! and/or ExposureManager services, affiliate services, third-party content or third-party software.

14. Waiver and Severability of Terms. The failure of BuyThisImage! and/or ExposureManager to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

15. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of BuyThisImage! and/or ExposureManager services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of such courts.

17. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT PLEASE CONTACT photoexperts@buythisimage.com



BuyThisImage! (BETA) POWERED BY EXPOSUREMANAGER - Terms of Service - Privacy Policy