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Terms of Services

(last updated August 11, 2010)

Welcome to Adobe Photoshop Showcase! We are delighted that you are interested in using the Adobe Photoshop Showcase Site (the "Site") and our online services (the "Services").

Please read the following Terms of Services (the "Terms") before you set up your account to become a Showcase subscriber (a "Subscriber"), or before you browse the site as a guest or visitor. If you agree to these Terms and wish to use the Services, please click on the "I Agree" button below and continue with the sign-up process, or continue to browse as a guest. This will constitute a binding agreement between you (referred to herein as "you") and dotPhoto, Inc. (referred to herein as "dotPhoto," "dotPhoto", "we" or "us"). If you do not agree to the Terms, please click the "Cancel" button, or close the browser and cease using the Service. You will not be permitted to become a Subscriber and the Services unless you agree to the Terms.

We may change these Terms at any time by posting the changes on our Site, and will use reasonable efforts to notify you of the changes by sending an email to the email address we have on file for you, or provide specific notice upon your login to the Site. Your continued use of the Services after we have posted changes to these Terms, whether you acknowledge those changes or not, means that you agree to be bound by the changes, so please check the Terms posted on our Site regularly for any changes.

  1. The Services
  2. Content You Provide
  3. Use Of Popular Search Terms
  4. Security; Site Access; Sharing Of Images; Re-Print Permission
  5. Age Requirement
  6. Limitation On Use
  7. Privacy
  8. Links To Third-Party Sites
  9. Third-Party Products
  10. License Grant to dotPhoto
  11. Intellectual Property Rights
  12. Advertisements On This Site
  13. Indemnification
  14. Disclaimer Of Warranties
  15. Limitation Of Liability
  16. Termination Of Service
  17. Discontinuing Inactive Accounts
  18. Choice Of Law And Forum
  19. Severability
  20. Entire Agreement

1. THE SERVICES.
We provide our Subscribers with various Services including, from time to time, digital photo storage and printing, voice annotation, slide show presentations and image manipulation. Any changes, additions or enhancements of the Services, including the release of new features, will be subject to these Terms.

dotPhoto offers the Services for free (in some cases) and for a fee on a periodic (e.g., quarterly or annual) subscription basis. Upon expiration of your current subscription term, dotPhoto may automatically renew your subscription and charge you the applicable subscription fees for the renewal term. We may maintain your credit card account number on file for this purpose. Your subscription will not be renewed if you notify us prior to the end of the then-current term that you do not wish to renew your subscription, or if dotPhoto in its discretion decides not to renew your subscription.

During the registration process for this Site, you will be asked to provide a unique password. Each password can only be used by one Subscriber. You are solely responsible for the confidentiality and use of your password, as well as for any use, misuse or communications entered through the Site using your password. You agree to notify us immediately if you become aware of any loss, theft or unauthorized use of your password and we reserve the right to delete or change it at any time and for any reason.

To use the Services, you must have access to the World Wide Web and pay any service fees associated with such access and provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device

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2. CONTENT YOU PROVIDE.
Any and all photos, videos, sound recordings and other materials that you upload, post, store or transmit in connection with your use of the Services (collectively, the "Content") is your sole and exclusive responsibility.

You agree that you will not use the Services to upload, post, store or transmit any Content that is:

  • unlawful, or which may give rise to civil or criminal liability under applicable law;
  • invasive of another’s privacy;
  • defamatory or libelous;
  • vulgar, profane, obscene or pornographic;
  • hateful, or racially, ethnically or otherwise objectionable;
  • harmful to minors in any way;
  • obscene material
  • abusive, harassing, threatening or otherwise harmful to others; or
  • violative of any copyright or other proprietary rights of a third party.

dotPhoto does not pre-screen Content uploaded, posted, stored or transmitted by Subscribers in connection with the Services, and is not responsible for any such Content. Notwithstanding the foregoing, dotPhoto reserves the absolute and unqualified right to edit or remove Content at its discretion which, in its sole judgment, may violate any of these standards or is otherwise potentially harmful to dotPhoto, the Site, the Services, any user of the Services, or any third party. dotPhoto does not condone adult Content in the public areas of the Site. dotPhoto will remove accounts that promote naked or obscene photos in the public galleries or the dotPhoto search engine as we discover them. This also applies to the popular "model" search category. Please respect everyone that browses the Site.

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3. USE OF POPULAR SEARCH TERMS
dotPhoto establishes search categories and popular search terms to make it convenient for Subscribers to find applicable photos. Subscribers that misapply search terms to photos (for instance, adding "Eiffel Tower" to a photo of a model who is clearly not at the Eiffel Tower) may have their accounts deactivated and their photos erased. With millions of photos on the Site, it is important that all Subscribers apply reasonable descriptions of public photos so that the search engine can yield meaningful results for other users.

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4. SECURITY; SITE ACCESS; SHARING OF IMAGES; RE-PRINT PERMISSION.
Any Content which you transmit to the Services will be stored on a server located within the United States of America or such other location as may be determined by dotPhoto. You are solely responsible for the dissemination of your password and other security information relating to your account, and for all activities which occur under your password or account. You may share your Content only with those to whom you haven given access to your password. dotPhoto strongly recommends that you only disseminate this information to individuals who you know and trust. For more information regarding the security of your Content, please see our Privacy Policy located on the site in the footer. If you share access to your Content with any such person, dotPhoto shall have permission to send products, emails or other electronic or non-electronic items with that image to such person.

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. dotPhoto reserves the right to view, monitor, and record activity on the Site without notice or permission from you. This permission includes the use of Internet Cookies. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. dotPhoto will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

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5. AGE REQUIREMENT
dotPhoto does not knowingly collect personal data from children under the age of thirteen through this Site. If you are under thirteen, please do not give us any Personal Data. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Terms and Privacy Policy by instructing their children to never provider Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to dotPhoto through this Site, please contact us, and we will endeavor to delete that information from our databases.

You must be at least thirteen (13) years of age to be a Subscriber, and possess a valid credit card in your own name. If you are under the age of eighteen (18), the credit card must belong to your parent or legal guardian. If the jurisdiction where you live has higher age requirements in order for you to use the Services or possess a credit card, such higher age requirements will apply. You represent that you meet the foregoing requirements. If you are under 13, do not use this Site.

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6. LIMITATION ON USE.
Unless you have registered as a Professional Member, you may use the Services only for personal, non-commercial purposes when such services become available.

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7. PRIVACY.
When you subscribe to the Services, it is necessary for you to provide us with certain personal information, such as your name, e-mail address, mailing address and, for some Services, your credit card information (the "Personal Data"). We protect and use the Personal Data in accordance with our Privacy Policy, the terms of which you must agree concurrently with this Terms of Services to if you wish to become a Subscriber.

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8. LINKS TO THIRD-PARTY SITES.
dotPhoto may provide links to other Sites on the Internet which may be of interest to you. dotPhoto does not control the content which may be on or available through these Sites, and assumes no liability relating to such Sites. The presence of such a link does not imply endorsement of those Sites or association of those Sites with dotPhoto. It is up to Subscriber or user to become familiar with these Sites and their privacy and security policies.

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9. THIRD-PARTY PRODUCTS.
Under certain circumstances, dotPhoto may make available to Subscribers software products and other goods and services of third parties (the "Third Party Products"). As a condition to using or obtaining any Third Party Product, Subscribers must agree to be bound by the terms and conditions imposed by the vendor of such Third Party Product, including any license and warranty terms and conditions. Any such agreements will be between the you and the Third Party Product vendor. DOTPHOTO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OBTAINED OR ADVERTISED THROUGH DOTPHOTO OR ON THE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OF ANY THIRD PARTY PRODUCT, OR THAT ANY THIRD PARTY PRODUCT WILL BE FREE FROM CONTAMINATING OR DESTRUCTIVE CODE, SUCH AS VIRUSES, WORMS OR TROJAN HORSES.

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10. LICENSE GRANT TO DOTPHOTO.
dotPhoto does not claim any ownership in any Content uploaded, posted, stored or transmitted by any Subscriber. However, by uploading Content to any public area within the Services, you grant dotPhoto a nonexclusive, royalty-free license to publish, distribute and display the Content, without limitation, anywhere within the Site or Services, and within email communications promoting the Services. This license shall be from the time that you post the content to the site. This license shall NOT apply to Content placed in private albums.

Furthermore, you represent and warrant that you (i) own or otherwise control all of the rights to the Content that you upload, post store or transmit; (ii) have received all proper permissions, consents and/or releases relative to such Content, and (iii) use of any such Content does not violate the Terms and will not cause injury to any person or entity. You and acknowledge that dotPhoto is expressly relying on such representation in granting you access to the Services as a Subscriber.

dotPhoto has the right, but not the obligation, to use, monitor, edit and/or remove any activity or Content from the Site without notice of, or compensation to, you. You understand and agree that dotPhoto takes no responsibility and assumes no liability for any Content posted by you or any third party.

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11. INTELLECTUAL PROPERTY RIGHTS.
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed ("dotPhoto Intellectual Property"). You also acknowledge that the dotPhoto Intellectual Property is and shall remain the property of dotPhoto or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the dotPhoto Intellectual Property. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any dotPhoto Intellectual Property, in whole or in part.

dotPhoto is a trademark and service mark of dotPhoto. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to dotPhoto. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of dotPhoto Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of dotPhoto Trademarks will inure to our benefit.

We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website.

If you believe this Site contains Content or other intellectual property that infringes your copyright, please see our Copyright Infringement Notification Procedures set forth below.

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12. ADVERTISEMENTS ON THIS SITE.
dotPhoto, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by dotPhoto. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

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13. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless APS Online Services and its subsidiary and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Service or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). APS Online Services reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with APS Online Services and its counsel in the conduct of such defense.

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14. DISCLAIMER OF WARRANTIES.
THE SERVICES, AS WELL AS ALL SOFTWARE, CONTENT, INFORMATION, THIRD PARTY PRODUCTS AND OTHER ITEMS INCLUDED IN OR AVAILABLE THROUGH DOTPHOTO, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOTPHOTO (ON BEHALF OF ITSELF AND THE OTHER DOTPHOTO PARTIES) EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO ANY OF THE FOREGOING, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE DOTPHOTO PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR CONTENT WILL BE SECURE OR ACCESSIBLE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK. Some jurisdictions do not allow exclusion of certain warranties, so some of the above exclusions may not apply to you. In any such case, the dotPhoto Parties disclaim all representations and warranties to the fullest extent permitted under applicable law.

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15. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL ANY OF THE DOTPHOTO PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SERVICES, ANY THIRD PARTY PRODUCTS OR OTHER PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICES OR CONTENT POSTED ON THE SERVICES, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE DOTPHOTO PARTIES EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. Some jurisdictions do not allow exclusion of certain limitations of liability, so the above limitations may not apply to you. The liability of the dotPhoto Parties in such case will be limited to the greatest extent permitted by law.

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16. TERMINATION OF SERVICE.
dotPhoto, in its sole discretion, may terminate your password and use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, expiration of the terms of your dotPhoto subscription, lack of use of the Services for a specified period, dotPhoto’s determination that your continued use of the Services might subject any of the dotPhoto Parties to liability, or if dotPhoto believes that you have violated these Terms.

You agree that any termination of your access to the Services under any provision of these Terms may be effected at the sole discretion of dotPhoto. dotPhoto may deactivate or delete your account and all related Content and other information and files and/or bar any further access to any such Content and other information and files or the Services at its sole discretion without notice.

You agree that dotPhoto shall not be liable to you or any third-party for any termination of your access to the Services. In the event that your use of the Services is terminated prior to the end of your paid-up subscription period (unless such termination is requested by you or is on account of your violation of these Terms), dotPhoto may provide you with a refund of the pro rata portion of the subscription fee attributable to the number of days that would have remained in your current subscription period absent such termination.

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17. DISCONTINUING INACTIVE ACCOUNTS.
dotPhoto reserves the right to cancel the Services or to discontinue accounts which have been inactive for more than one hundred eighty days.

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18. CHOICE OF LAW AND FORUM.
These Terms, and any disputes arising from or relating to these Terms, shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflicts of law rules.

You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Services shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and hereby irrevocably submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and you hereby irrevocably waive any objection to the laying of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

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19. SEVERABILITY
If any provision of these Terms is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms, and that provision and these Terms generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms.

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20. ENTIRE AGREEMENT.
Unless otherwise specified herein, these Terms (together with dotPhoto’s Privacy Policy) constitute the entire agreement between you and dotPhoto with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and dotPhoto with regard to the Services.

Copyright Infringement Notification Procedures

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site
  • Your address, telephone number and email address;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Copyright agent:
Attn:
Phone:
Fax:
Email:

Send to:

dotPhoto/MyPhotoAlbum
PO Box 187
Ho Ho Kus, New Jersey 07423
U.S.A.support@photoshopshowcase.com

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