Myphotographer.com member acceptance of this Agreement creates a legally binding contract between Myphotographer.com member and Myphotographer.com in which Myphotographer.com member agree to use the Services only in a manner consistent with the Terms. The Terms are subject to change and may be updated at any time. Myphotographer.com will inform its members of changes and updates to this Agreement by posting notices on the Myphotographer.com Website. Please visit the Myphotographer.com Website regularly for information concerning any such changes and updates. My Photographer.com member should also review this Agreement regularly to be aware of the most current Terms. Use of the Myphotographer.com Website following any such change or update to this Agreement constitutes Myphotographer.com Memberr acceptance of this Agreement as modified.

This Agreement is made by and between Myphotographer.com, LLC and Myphotographer.com Member.
1. Myphotographer.com Services
Myphotographer.com offers its members a comprehensive suite of services, including e-commerce reprint order processing, online image storage, and domain with website, as described more fully below (collectively, the “Services”). Myphotographer.com offers the Services solely for member’s own use, and not for the use or benefit of any third party. Myphotographer.com may suspend, change or discontinue any or all of the Services at any time without notice or liability. Myphotographer.com reserves the right to cancel or deny Member’s right to access and use the Myphotographer.com Website if Myphotographer.com reasonably believes the Member is in breach of this Agreement. Except as permitted in this Agreement, Myphotographer.com’s Member is prohibited from reselling any of the Services or acting as a service bureau for the Services.

1.1 Photographer Search
Myphotographer.com will publish Photographer’s images on the Myphotographer.com Website. These images will be presented as events or galleries, according to Photographer’s preferences.

1.2 Event Proof and PhotoArt Gallery Search
Images taken by photographer are uploaded and created by photographers either in Event Proofs or PhotoArt Galleries for viewing and purchasing. For Events, photographer may collect emails to be used as communication method and notification of availability of Events Viewing. Photographer or event moderator can protect the privacy of the Event with a password, which will be emailed only to participants of the Event or those who request and are granted access by the photographer or event moderator. Members without an event password, can receive the password via email by requesting one at the Event Proof search result. Events can be searched using Event Name, Date of Event, City and State. Galleries are photographer’s photo arts that can be searched by category names and can be purchased for your personal use and viewing.

1.3 Event Transfer
Event Transfer is a method in which a photographer charges a flat fee for the shoot and give the member copyright privileges of the images to the creator or the host of the event. In this case, the person owning the copyrights to the event will have all access to the images and therefore can make changes to the event images as desired. All products available such as small prints, specialty prints, packages, photo gifts and other products are available at the low resale price. Myphotographer.com makes no representation, warranty or guaranty that it will be able to restore any images from its server or backup systems that are lost, corrupted, erased, damaged or altered in any way.

1.4 My Album
Member may create Album(s) in which to store and share with friends and family members through the internet. Member and Member’s family and friends may purchase images directly from links to album(s) created by Myphotographer.com’s Member.

2. Refunds
Myphotographer.com offers 100% product satisfaction guarantee for images processed and fulfilled by our partner Clickimage Lab. However, images fulfilled by Member Photographer are subject to photographer’s own return and product guarantee policies.

In the event the photographer processed member’s payment directly, any returns or refund must be done by photographer by his/her own means.
Myphotographer.com shall be responsible for Customer returns of products processed through the ClickImage CompleteTM Fulfillment Program if the products have unsatisfactory color replication and/or are damaged prior to deposit with a designated shipper, as determined by Myphotographer.com in its sole discretion. In such instances, Myphotographer.com’s sole responsibility will be to reprint the product and pay for the shipping costs for the replacement product to the Customer or Photographer. If after replacement of the defective product the Member or Photographer remains unsatisfied, Myphotographer.com will refund the amount of the order for the defective products. Myphotographer.com shall not be responsible for the print quality or content that is a result of the digital photograph submitted by Photographer, as determined by Myphotographer.com in its sole discretion.

3. Myphotographer Member Responsibilities
3.1. Copyright
Photographer and/or Photographer.com Member retain all rights in any material uploaded to the Myphotographer.com Website (“Content”) by Photographer or others authorized to do so by Photographer. Content submitted to the Myphotographer.com Website is assumed to be the copyrighted property of Photographer or Photographer.com Member. No Content may be placed on the Myphotographer.com Website by anyone without the written permission of the copyright owner, or persons authorized by the copyright owner to grant such permission.

3.2. License and Ownership of Work Product
Myphotographer.com shall not gain any ownership interest in Photographer’s Content or Myphotographer.com Member except that Photographer or Myphotographer.com Member grants Myphotographer.com a non-exclusive, royalty-free, fully paid, worldwide, perpetual (except as provided below), irrevocable license, with the right to reproduce, distribute, modify, make derivative works from, transmit, and publicly display any Content Photographer submits to the Myphotographer.com Website only for purposes of (a) displaying such Content in Photographer's or Member’s listing, events and galleries on the Myphotographer.com Website, and (b) the production of personalized photo finished products or reprints ordered by Photographer or Member. Myphotographer.com disclaims ownership of all Content and will not resell or otherwise convey these rights to any third party. Myphotographer.com’s license to any Content will terminate when Photographer or Member removes such Content from the Myphotographer.com Website.

3.3. Representations and Warranties
Photographer or Myphotographer.com Member represents and warrants that: (a) Photographer or Member has the right and unrestricted ability to grant the license to Myphotographer.com. (b)Photographer or Member either owns the Content or has written permission from the Content owner to make such Content available on the Myphotographer.com Website, and (c)the Content does not infringe upon any copyright, right of publicity or privacy, or any other proprietary right of any person, whether contractual, statutory or common law

3.4. Content
(a) Limits. Photographer or Myphotographer.com Member may not upload, or permit others to upload, material to the Myphotographer.com Website if that material (i) infringes or violates the rights of others, (ii) is, or may be perceived by Myphotographer.com or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate, (iii) contains any virus or other content that may damage or impair the Myphotographer.com Website, any of the Services offered by Myphotographer.com, the network, or any other customer’s or user's equipment or software, or (iv) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Myphotographer.com Website, Myphotographer.com, or any customers or users.
(b) Content Monitoring. Myphotographer.com does not and cannot review all images and content provided to it, and is not responsible for such images. Myphotographer.com reserves the right to delete, edit or rearrange images or content that Myphotographer.com, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. All Content provided by Photographer is the sole responsibility of Photographer and not Myphotographer.com.
(c) Unauthorized Content. Myphotographer.com Member agrees not to send any Content to the Myphotographer.com Website which violates any term of this Agreement or any applicable law or regulation, including, without limitation, copyrighted or pornographic material. Myphotographer.com reserves the right to retain the Content and charge Photographer the full amount for any product or service including a service charge for handling of the order. Photographer acknowledges that it is Myphotographer.com’s policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Myphotographer.com Website and the Services offered by Myphotographer.com.
(d) Myphotographer.com Content. Except as permitted under this Agreement, Myphotographer.com Member may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through the Myphotographer.com Website. Member does not acquire any ownership rights to the Myphotographer.com Website or to any content or other materials viewed through the Myphotographer.com Website. The posting of content or other materials on the Myphotographer.com Website does not constitute a waiver of any right in such content or other materials.

4. Termination
Myphotographer.com agrees to terminate Member’s account at any time upon notice from Member, at support@myphotographer.com.

Myphotographer.com Member agrees and acknowledges that Myphotographer.com, in its sole discretion, may terminate Member’s account (or any part thereof) or use of the Myphotographer.com Website or any Services offered by Myphotographer.com, and remove and discard any of Member’s Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Myphotographer.com Website, at any time, without notice, for any reason, including, but not limited to:

(a) Member’s account is in an inactive state for more than twelve (12) months;
(b) Conduct violating the terms and conditions of this Agreement or other policies or guidelines set forth by Myphotographer.com elsewhere on the Myphotographer.com Website;
(c) Conduct that Myphotographer.com believes is harmful to other customers or users, the business of Myphotographer.com, or other third party information providers; and
(d) Conduct that violates the letter or spirit of this Agreement.

Upon any termination of this Agreement for any reason, Members’s access and other rights to the Myphotographer.com Website and any Services offered by Myphotographer.com will cease and be cancelled.

Further, Myphotographer.com, in its sole discretion, may require Member to remedy any violation of the Terms and/or take any other actions that Myphotographer.com deems appropriate to enforce its rights and pursue all available remedies. Photographer agrees that Myphotographer.com shall not be liable to Photographer or any third-party for any termination of their access to the Myphotographer.com Website or any Services offered by Myphotographer.com.

5. Domains
5.1. New Domain Registration
If Member registers a new domain name in conjunction with any of the Services, the following terms also apply:

(a) Member has chosen Wild West Domains, an ICANN accredited registrar for internet domain names, to provide domain name registration services. Member hereby authorizes Myphotographer.com to acquire Member’s selected domain name from Wild West Domains. In order to receive a domain name, Member must agree to Wild West Domain’s terms and conditions located at https://wildwestdomains.com, as may be amended from time to time. Member understands that Member will be creating a separate contractual relationship between Member and Wild West Domains, and that Member, and not Myphotographer.com, is responsible for all fees, expenses, liabilities, and obligations in connection with that relationship. Until Member’s account with Myphotographer.com and this Agreement are cancelled or otherwise terminated, Myphotographer.com will pay Member’s domain registration/renewal fees on behalf of Member as part of the Services offered by Myphotographer.com. Member agrees that Member’s indemnification obligations described in Section 6 of this Agreement includes any claim or demand associated with any domain name, any domain name pre-registration services provided in connection with the Services offered by Myphotographer.com, or the terms and conditions required by Wild West Domains in providing and registering any domain name.
(b) Member will be listed as the registrant and administrative contact in connection with the domain name, unless Member chooses another registrant and administrative contact. If Member chooses a registrant and administrative contact other than Member, such person(s) must enter into an agreement directly with Wild West Domains and will be bound by this Agreement in addition to Member. Member hereby authorizes Myphotographer.com to list itself as the billing contact, technical contact and name server in connection with the domain name and to take any actions Myphotographer.com deems appropriate in those capacities. Upon termination of this Agreement, Myphotographer.com may immediately cease acting in those capacities and reserves the right to transfer Member’s account to Wild West Domains for collection of past-due amounts. In the event of such transfer, Member will authorize Wild West Domains to serve as the billing contact, technical contact and name server in connection with Photographer’s domain name, and to take any actions Wild West Domains deems appropriate in those capacities. Upon termination of this Agreement, Myphotographer.com will not be responsible for forwarding any notices, emails or other correspondence to Photographer or for taking any other actions in connection with Photographer’s domain name. Photographer will be solely responsible for all ongoing fees, as well as removing Myphotographer.com as the billing contact, technical contact and name server in connection with the domain name, unless Myphotographer.com notifies Photographer otherwise.

5.2. Existing Domains
If, in connection with the Services offered by Myphotographer.com, Member chooses to use a domain name that Member has already registered with another provider, Member must request that the original registrar change the name servers for the domain name as designated by Myphotographer.com, on Member’s behalf.
PLEASE NOTE: IF MEMBER CHOOSES TO USE A DOMAIN NAME THAT MEMBER HAS ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO MYPHOTOGRAPHER.COM FOR THE SERVICES WILL NOT INCLUDE REGISTRATION FEES OWED BY PHOTOGRAPHER TO PHOTOGRAPHER’S PRIOR PROVIDER, AND MEMBER WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH MEMBER’S CURRENT PROVIDER, INCLUDING RENEWAL FEES.

6. Warranty / Disclaimer / Limitation of Liability
Member acknowledges that use of the Myphotographer.com Website and the Services is at Member’s sole discretion and risk. Member is solely responsible for any damage to Member’s computer system, loss of data, or other harm that results from such use. The Myphotographer.com Website and the Services are not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Myphotographer.com Website. Myphotographer.com may, at its discretion, but shall not be obligated to, provide support for the Myphotographer.com Website and/or the Services. The Myphotographer.com Website is made available on an AS IS basis without warranty of any kind. MYPHOTOGRAPHER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Neither Myphotographer.com nor anyone else involved in creating, producing, or delivering the Services or any other services accessible through the Myphotographer.com Website, will be liable for any direct, incidental, special or consequential damages or liabilities, even if Photographer has been advised of the possibility of such damages, arising out of or in connection with this Agreement, the Myphotographer.com Website or the Services. In no event will the liability of Myphotographer.com for any breach of this Agreement exceed the total charges incurred by Photographer in the month preceding the date the claim for breach arose. The provisions of this Section will survive termination of this Agreement for any reason. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Myphotographer.com member.

7. Indemnity
Member agrees to indemnify and hold Myphotographer.com, its subsidiaries, affiliates, partners, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any disputes, claims, demands, costs, expenses, losses, or damages (including, without limitation, attorneys’ fees) due to or arising from (a) Photographer’s breach of these Terms or violation of any representations or warranties contained in these Terms, (b) any activity related to Member’s account with Myphotographer.com (including, without limitation, negligent or wrongful conduct), (c) any claim or demand relating to Member’s access to the Myphotographer.com Website or use of the Services, or (d) Member’s violation of any law, rule or regulation or the rights of any other person or entity.

8. General Provisions
8.1. Successors and Assigns
Member may not subcontract or otherwise delegate its obligations under this Agreement, whether by contract, operation of law, or otherwise, without Myphotographer.com’s prior written consent. Subject to the foregoing, this Agreement will be for the benefit of Myphotographer.com’s successors and assigns, and will be binding on Member’s assignees.

8.2. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. The state and federal courts located in Santa Clara County, California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement. Photographer consents to the exclusive personal jurisdiction and venue by the state and federal courts sitting in Santa Clara County, California.

8.3. Notices
All notices required to be given hereunder shall be given in writing and shall be delivered either by certified mail with proper postage affixed thereto, or by facsimile (with confirmation copy sent by registered mail) addressed to the signatory at the address set forth on the signature page, or such other person and address as may be designated from time to time in writing. All such communications shall be deemed received by the other party upon the earlier of actual receipt or actual delivery.

8.4. Severability
Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. Such illegal, invalid or unenforceable provision shall be deemed to be superseded by a legal, valid and enforceable provision that most closely matches the intent of the original provision.

8.5. Waiver
The waiver by Myphotographer.com of a breach of any provision of this Agreement by Member shall not operate or be construed as a waiver of any other or subsequent breach by Member.

8.6. Force Majeure
Neither party shall be liable for any delay in its performance hereunder due to causes beyond its reasonable control, including, but not limited to, an act of God, war or natural disaster.

8.7. Entire Agreement
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be changed by the mutual, written agreement of authorized representatives of each of the parties hereto.