The-Digital-Picture.com Terms of Use

Please read this page carefully before using this website, it has important information regarding your legal rights, remedies and obligations. There are substantial limitations and exclusions, and a dispute resolution term that will govern how disputes will be resolved.

ACCEPTANCE OF TERMS

The services that The-Digital-Picture.com provides to you are subject to the following Terms of Use ("TOU"). The-Digital-Picture.com reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of The-Digital-Picture.com's active web pages.

DESCRIPTION OF SERVICES

Through its network of Web properties, The-Digital-Picture.com provides to you the reader with access to a variety of resources, including, product information, product reviews, images, community forums, product and merchandise links, news feeds, links to other web sites, and other alternative communication forums (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the The-Digital-Picture.com, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The-Digital-Picture’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of The-Digital-Picture.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Use of this Service is void where prohibited. You may not use the Services in any manner that could damage, disable, overburden, or impair any The-Digital-Picture.com server, or the network(s) connected to any The-Digital-Picture.com server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any The-Digital-Picture.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. By using this Service, you represent and warrant that you agree to and will abide by all terms and conditions of this Terms of Use Agreement.

USE OF SERVICES

The Services may contain forum services, blog entries, chat areas, news groups, forums, communities, links to external websites, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

 
The-Digital-Picture.com has no obligation to monitor the Communication Services. However, The-Digital-Picture.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The-Digital-Picture.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

The-Digital-Picture.com requires: friendliness, kindness, and respect by all users towards all users. This includes fostering a tactful, welcoming, family and work-environment-friendly environment. These words and phrases convey the visitor behavior expected at The-Digital-Picture.com. You certainly do not have to agree with everything said - differences of opinion are welcomed but must be presented in a tactful, respectful way. Visitors must treat other people and businesses with respect. A mother or father should be able to browse The-Digital-Picture.com with his/her young sons and daughters watching. An employee browsing The-Digital-Picture.com should feel comfortable with an opposite gender supervisor or peer watching. To give a specific example - bathing suit pictures are allowed, but reasonable body coverage is expected.

The-Digital-Picture.com reserves the right at all times to disclose any information as The-Digital-Picture.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The-Digital-Picture.com's sole discretion. You are responsible for your words and actions. The-Digital-Picture.com maintains the right to edit messages and moderate or ban any user for any reason at any time.

Visitors are strongly encouraged to use their real name (first and last) for login IDs. You may not register with multiple identities

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. The-Digital-Picture.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, The-Digital-Picture.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers, hosts, guardians, moderators, and administrators are not authorized The-Digital-Picture.com spokespersons, and their views do not necessarily reflect those of The-Digital-Picture.com.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

PRIVACY POLICY

By using The-Digital-Picture.com (http://www.The-Digital-Picture.com) and the subdomains thereof (collectively the "Site"), you are accepting the practices described in the Privacy Policy.

What Does This Privacy Policy Cover?
This Privacy Policy (the "Privacy Policy") applies to your use of the Site. This Privacy Policy covers how The-Digital-Picture.com treats information that The-Digital-Picture.com collects and receives about you via this Site, including the personal information collected through the various features, services, and software used to provide the Site to you. Some of these offerings are provided by third parties who may provide you with additional information and choices about your privacy. If you choose to take advantage of these offerings, you should read the privacy policies of such third parties.

What Information The-Digital-Picture.com Collects
The-Digital-Picture.com must collect enough information from you to provide the services you request. When you visit the Site, you provide us with two types of information: personal information including name, email address and other relevant information you submit when you register for the community aspect of the Site or submit for other purposes including email communications, and Site usage information collected by The-Digital-Picture.com as you use the Site. When you use the Site, you provide us with your IP address, browser type and other information.

The-Digital-Picture.com will not share your personally identifiable information with third parties for their marketing purposes without your consent.

This Site, like most others, collects and uses non-personally-identifiable webserver log information. The digital-picture.com uses this information to optimize and further enhance content made available to you the end user. Collected information may be used for other internal, third party advertisement, and administrative purposes. Any or all activities with regard to web site usage Information may be performed on our behalf by our services providers. We may use your personally identifiable information to send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, including information regarding the community portion of the Site.

The-Digital-Picture.com utilizes web browser Cookies and employs a common forum system which saves a web browser Cookie on your local computer. Cookies in general allow for more advanced site functionality and specifically allow you to easily remain logged into the community based portion of the Site. The-Digital-Picture.com uses third-party advertising companies to serve ads when you visit the Site. These companies may use cookies and other information (personal information provided to the The-Digital-Picture.com not included) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Ads and Content displayed to you on the Site may be customized to your interests and preferences, based on your personal information and web site usage information, including (but not limited to) non-personally identifying information, which we may obtain from you or from other sources. Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads on visits to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Security
The-Digital-Picture.com will take steps to protect the security and integrity of all sensitive information provided to this Site. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be safe from intrusion by others, such as hackers. You are responsible for maintaining the strict confidentiality of your account password and any Website login or user ID information, and you shall be responsible for any access to or use of the Site by you or any person or entity using your password, login or user ID, whether or not such access or use has been authorized by or on behalf of you. In the event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, The-Digital-Picture.com would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your current and correct e-mail address, we may notify you by e-mail.

Terms of Use, Notices, and Revisions to This Privacy Policy
Your use of The-Digital-Picture.com, and any disputes arising from it, is subject to the Privacy Policies as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages, and choice of forum and law. The-Digital-Picture.com will occasionally update this Privacy Policy at The-Digital-Picture.com’s sole discretion. Please check the Website frequently to see recent changes. Such changes and/or modifications shall become effective immediately upon posting thereof. Without limiting the foregoing, The-Digital-Picture.com may occasionally notify you by email about changes to the Site and/or this Privacy Policy, or provide notices of such changes by displaying notices or links to notices to you generally on the Site.

LINKS TO THIRD PARTY SITES

CERTAIN LINKS WILL LET YOU LEAVE The-Digital-Picture.com’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF The-Digital-Picture.com AND The-Digital-Picture.com IS 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. The-Digital-Picture.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. The-Digital-Picture.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY The-Digital-Picture.com OF THE SITE. The-Digital-Picture.com's Privacy Policy applies solely to information collected by The-Digital-Picture.com. The-Digital-Picture.com contains links to third party sites linked from the Site. Each of these third party websites may have different privacy policies and practices. The-Digital-Picture.com is not responsible for the information practices of non-The-Digital-Picture.com sites. You should carefully review these other privacy policies in order to determine how each third party may use any personal information you provide.

ADVERTISING & COMMISSION

Most products reviewed on this site, unless otherwise noted, have been purchased retail by The-Digital-Picture.com. The-Digital-Picture.com receives advertising and affiliate fees (including PPC, CPM, Flat Fee and % Commission) from retailers and manufacturers referred to/linked to on the site. While Canon and Nikon may place ads on the site through third parties, neither company, as of Oct 5, 2010, has provided any direct financial support (or gear) to the site. Developing and maintaining this site is very costly - the advertising/affiliate income makes it possible to keep the site running. The-Digital-Picture.com is a participant in various Amazon.com Associates Programs, affiliate advertising programs designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com properties.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on The-Digital-Picture.com website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.

LIMITATION ON LIABILITY

IN NO EVENT WILL The-Digital-Picture.com OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE The-Digital-Picture.com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE The-Digital-Picture.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO The-Digital-Picture.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE The-Digital-Picture.com'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO The-Digital-Picture.com FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM The-Digital-Picture.com, REGARDLESS OF THE CAUSE OF ACTION.

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 MAY HAVE ADDITIONAL RIGHTS.

GOVERNING LAW; VENUE AND JURISDICTION

By visiting or using the Site and/or the Service, you agree that the laws of the State of Pennsylvania, 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 the The-Digital-Picture.com or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Pennsylvania, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Pennsylvania.

ARBITRATION

YOU AND The-Digital-Picture.com AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the The-Digital-Picture.com Marketplace may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the The-Digital-Picture.com will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. 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 OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold the The-Digital-Picture.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

COPYRIGHT POLICY

Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the The-Digital-Picture.com website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.The-Digital-Picture.com/page". If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.

Identify the URL or other specific location on the The-Digital-Picture.com website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.The-Digital-Picture.com/additionalpage" Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. Include 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. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. Include your name, mailing address, telephone number and email address.

You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by mail, or E-Mail at Copyright Enforcement Agent, The Digital Picture, LLC, 103 Foulk Rd, Suite 202, Wilmington DE 19803 or Info@The-Digital-Picture.com.

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