Thank you for visiting our website located at www.photomission.com (collectively, the “Site.”) Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and these terms of use (“Terms of Use.”) The Site is owned and operated by PhotoMission, Inc. and is referred to herein as “PHOTOMISSION,” “we,” “us,” and “our.” The terms, “you” and “your” when used in these Terms of Use, mean any user of the Site. The term “Content” means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Site.

By accessing, browsing, and shopping at this Site, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree to any or all of the provisions found in the Terms of Use, please immediately exit this Site.

PHOTOMISSION may change these Terms of Use from time to time without specific notice to you. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

These Terms of Use were last updated on December 16, 2011.

MINORS.

This Site is a commercial site, not intended for use by children under the age of 13. However, PHOTOMISSION believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission.

All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.

RIGHTS OWNERSHIP.

Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of PHOTOMISSION or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

Neither the Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

PHOTOMISSION neither warrants nor represents that use of Content displayed on the Site will not infringe rights of third parties not owned by or affiliated with PHOTOMISSION.

Your use of and browsing of the Site are at your risk. Neither PHOTOMISSION nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. PHOTOMISSION also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, and/or images from the Site.

You hereby release and hold harmless PHOTOMISSION, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of the Site and/or in connection with PHOTOMISSION’s use of the Content. In consideration for your agreement herein, PHOTOMISSION will provide access to the Site.

You agree to reimburse and indemnify PHOTOMISSION and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney’s fees and costs) that they may incur from claims based on use of the Content.

You hereby release and hold harmless PHOTOMISSION, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with using and/or submitting Content.

USER-SUBMITTED CONTENT.

By submitting Content to be used on the Site, you agree that PHOTOMISSION may use your name, voice, story of faith (i.e., testimony) or image and any quotes attributable to you, and any such photos, videos, or audio recordings of you, by you or including an image of you as described herein. You grant the rights hereunder whether or not your name, voice, story of faith (i.e., testimony) or image, or any quotes attributable to you are used in any manner by PHOTOMISSION and PHOTOMISSION reserves the right in PHOTOMISSION’s sole discretion NOT to use any submitted content. You grant these rights to PHOTOMISSION worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, market, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Site, advertising, and other commercial uses in connection with the Site. You waive all rights related to PHOTOMISSION’s use and release, discharge and hold harmless PHOTOMISSION, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, story of faith (i.e., testimony) or image, or any quotes attributable to you. You further understand and agree that online visitors to the Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests, polls, blogs and on social media websites.

At its sole discretion, PhotoMission reserves the right to edit testimonies prior to posting them on the Site.

In addition and by submitting Content:

• you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site, without further consent or approval, and that whether or how the Content is used in the Site is entirely within PHOTOMISSION’s sole discretion.
• you certify that you are the original author (or have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content; and you have complete authority to grant to PHOTOMISSION the rights stated herein.
• you understand and agree that all Content is subject to review and editing by PHOTOMISSION. You further acknowledge that PHOTOMISSION reserves the right to remove any Content from the Site at any time and for any reason at PHOTOMISSION’s sole discretion.

CONTENT POSTED ON THE SITE.

All Content is the sole responsibility of the person from whom such Content originated. PHOTOMISSION does not control, and is not responsible for user-submitted Content and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of PHOTOMISSION. PHOTOMISSION makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked site. Likewise, PHOTOMISSION makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of PHOTOMISSION bear all risks associated with the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will PHOTOMISSION be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, purchased or otherwise made available via the Site. You acknowledge that PHOTOMISSION does not pre-screen or approve Content prior to posting. PHOTOMISSION makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profiles of its photographers, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content:

1. You understand and agree that PHOTOMISSION may review and delete any Content that in the sole judgment of PHOTOMISSION violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
2. You are solely responsible for the Content that you publish or display and sell as a user of this Site.
3. By posting Content to any public area of PHOTOMISSION, you automatically grant, and you represent and warrant that you have the right to grant, to PHOTOMISSION an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, market and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
4. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. PHOTOMISSION reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the use of the Site by such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, including but not limited to misrepresenting Content as owned by you when in fact it is owned by a third-party and promoting pirated computer programs, or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
5. 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.
6. You must use the Site in a manner consistent with any and all applicable laws and regulations.
7. You may not engage in advertising to, or solicitation of, others to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to others. Although PHOTOMISSION cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Site without their prior explicit consent.

COPYRIGHT POLICY.

All materials and information on the Site, including, without limitation, the PHOTOMISSION logo, design, text, graphics, photographs, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by PHOTOMISSION, or otherwise used with permission by PHOTOMISSION. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by PHOTOMISSION without the prior written permission of PHOTOMISSION. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of PHOTOMISSION’s copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from PHOTOMISSION.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit us to contact the complaining party;
• A notarized 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
• A notarized 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.

Please send any such requests to PHOTOMISSION as follows:

PHOTOMISSION, INC.
c/o Cozen O’Connor
1900 Market Street
Philadelphia, PA 19103
Attn: Camille M. Miller, Esquire

TRADEMARKS.

PHOTOMISSION’s trademarks are registered and protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. PHOTOMISSION’s trademarks include (but are not limited to) the following trademarks: PHOTOMISSION, the name of the corporation, and the PHOTOMISSION Logo.

Other names and brands used on the Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of PHOTOMISSION or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of PHOTOMISSION, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PHOTOMISSION.

HYPERLINK DISCLAIMER.

This Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website that is not owned, operated, controlled by or affiliated with PHOTOMISSION does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

DATA PROTECTION CONSENT.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, the terms of which are expressly incorporated herein. Before using this Site please read through all these documents carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.

NO WARRANTIES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material found on this Site or any website with which it is linked.

EXCLUSION OF LIABILITY.

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

YOUR OBLIGATIONS.

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.

In consideration of your use of the Site, you agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through and to the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. PHOTOMISSION reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Site (including any information, materials, products or services available through this Site).

MODIFICATION AND DISCONTINUATION.

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

ENTIRE UNDERSTANDING.

These Terms of Use, together with our Privacy Policy, the terms of which are expressly incorporated herein, contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

SEVERABILITY AND NON-WAIVER.

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

LAW AND JURISDICTION.

These Terms of Use shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the city of Philadelphia, Pennsylvania, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to the use of this Site. However, PHOTOMISSION retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

CONTACTING US.

If you have any questions regarding these Terms of Use or any other matter, you may contact us by mail at:

PHOTOMISSION, INC.
c/o Cozen O’Connor
1900 Market Street
Philadelphia, PA 19103
Attn: Camille M. Miller, Esquire

This AGREEMENT is a legally binding contract between you (referred to herein as the “Licensee,” “you” and “your”) and PhotoMission, Inc. (referred to herein as “PHOTOMISSION,” “we,” “us,” and “our”).

By purchasing and downloading an image (or images) in digital form from our website located at www.photomission.com (the “Site”), you agree to our Terms of Use and Privacy Policy, as well as to this License Agreement (“Agreement”). By purchasing and downloading any Content from us, you are accepting this Agreement, our Terms of Use and Privacy Policy in their entireties.

The term “Content” shall mean any image(s), photograph(s), and/or data.

1. PHOTOMISSION grants to the Licensee a non-exclusive right to use the Content purchased and downloaded from the Site, while limiting the use to a single user (or individual).
2. The copyrights in all Content obtained from PHOTOMISSION shall remain with the copyright holder. You acknowledge that purchases of Content from this Site provide you with a perpetual, non-exclusive, non-transferable, non-sub licensable, worldwide right to Reproduce (as defined below) the Content an unlimited number of times in any and all media for all purposes, including but not limited to commercial purposes, with the exception of those uses prohibited under this Agreement, our Terms of Use and Privacy Policy.
   
   The term “Reproduce” means any form of copying or publication of the whole or a part of any Content, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Content, and the creation of any derivative work therefrom.
3. PHOTOMISSION grants the Licensee the use of the Content purchased and downloaded from the Site subject to the following (“Prohibited Uses”):
   
   1. You may not feature the Content in a manner that would allow any third party to download, extract or access the image(s) as a standalone file, whether online or not online.
   2. You may not incorporate the Content into a logo, trademark or service mark.
   3. You may not remove any forms of identifying information, copyright or other metadata from the Content.
   4. You may not use the Content in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, illegal, or other nature which could reasonably bring PHOTOMISSION, the photographer, a person or property in the Content to disrepute, whether by direct association or in context or in juxtaposition with other materials.

RIGHTS OWNERSHIP.

All rights to the Content purchased and downloaded from the Site are, and will remain, under the ownership and copyright of PHOTOMISSION’s associated photographers and are protected by United States Copyright Law and International Treaty provisions. PHOTOMISSION retains all rights not expressly granted by this Agreement.

You agree to reimburse and indemnify PHOTOMISSION and its associated photographers and assigns for any and all damages and expenses (including attorney’s fees and costs) that may be incurred from claims based on your use of Content purchased and downloaded from this Site.

NO WARRANTIES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

EXCLUSION OF LIABILITY.

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

LICENSEE’S RESPONSIBILITIES.

You warrant that:

1. You are at least eighteen (18) years of age and have the full right and authority to enter into this Agreement on behalf of you, and/or your company, organization, employer or principal.

2. You do not reside in any country to which export of United States products is prohibited or restricted and you may not ship, transfer or export any of the Content into any country or use any of the images in any manner prohibited by any laws, restrictions or regulations.

3. If you are acting as an agent, you agree to inform your client/principal of the terms of this Agreement.

4. You will not use the Content in any way that is not permitted by this Agreement.

Some Content found on PHOTOMISSION is not model released. By downloading the Content you indicate that you understand and agree to all of these terms and assume full liability for your use of the Content and agree to hold PHOTOMISSION and its associated photographers harmless should any liability arise.

RESTRICTIONS.

Due to the digital nature of stock photography, there will be no refunds given after you have downloaded Content from the Site. ALL SALES ARE FINAL. You will be able to purchase any image and download it once. Your credit card information will not be stored.

SEVERABILITY AND NON-WAIVER.

Our failure to enforce any provision of the terms of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under this Agreement on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. This Agreement will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

LAW AND JURISDICTION.

This Agreement shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the city of Philadelphia, Pennsylvania, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to the use of this Site. However, PHOTOMISSION retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Agreement is taking place or originating.

CONTACTING US.

If you have any questions regarding this Agreement or any other matter, you may contact us by mail at:

PHOTOMISSION, INC.
c/o Cozen O’Connor
1900 Market Street
Philadelphia, PA 19103
Attn: Camille M. Miller, Esquire