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
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
NO UNLAWFUL OR PROHIBITED USE
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.
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 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.
LINKS TO THIRD PARTY SITES
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.
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
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.
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.
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.