D. You understand that through electronic contract with all Contributing Members Images are copyrighted and licensed by In Color Photos for distribution through this Website only, and any unauthorized use of any of these Images by you may be an infringement upon said copyright. If a contract with a Contributing Member is terminated, for any reason, In Color Photos will no longer hold a license to distribute said Contributing Member's Images or content.

E. In Color Photos and all Images are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." In Color Photos its employees, directors, and officers and anyone else associated with In Color Photos makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. In Color Photos further makes no representation or warranty that your usage of the In Color Photos Website will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access the In Color Photos Website, you do so at your own risk.

F. In Color Photos, its employees, directors, and officers, or anyone else associated with In Color Photos shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Images including but not limited to any false statements from Contributing Members regarding copyright and ownership of any and all Images provided to In Color Photos. In Color Photos, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using the In Color Photos Website, and for accessing, acquiring, and/or using Images from the In Color Photos Website.

G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Images in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Images will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to In Color Photos is accurate and true, including without limitation all credit card information.

H. You agree to fully, indemnify, and hold harmless In Color Photos, its employees, directors, officers, and any other entity associated with In Color Photos, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Images and this Website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.

I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement. In Color Photosreserves the right to make changes to this agreement at any time and encourages all Users and Content Contributors to periodically review and understand it.

J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.

 

F. Refunds for all Image Purchases
All Image purchases are non-refundable.

G. Indemnification

Any Content Provider shall indemnify, defend and hold harmless In Color Photos, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. In Color Photos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse Content Provider’s indemnity obligations.

H. Control of Operations

(1) In Color Photos, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others.

(2) Member Privacy.

In Color Photos may access and disclose any information about Content Provider, Content Provider’s accounts, or any content Content Provider provides to the Website if In Color Photos believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or Users.

(3) In Color Photos reserves the right, but does not assume the responsibility, to restrict conduct which In Color Photos deems in its discretion to be harmful to individual Content Provider, damaging to the communities that use In Color Photos, or in violation of In Color Photos' or any third party's rights.

I. Additions

In Color Photos expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.

In Color Photos, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through In Color Photos. From time to time the porting of particular content may not be feasible and In Color Photos may remove any such content from the Website without any liability to Content Provider. Content Provider is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom.

In Color Photos assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from In Color Photos.

In Color Photos makes no warranty that service will be uninterrupted, timely, secure, or error free. In Color Photos makes no warranty as to the use or the results that may be obtained from the use of In Color Photos. In Color Photos makes no warranty with respect to any related software or hardware used or provided by In Color Photos in connection with In Color Photos. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

J. Limitation of Liability

Content Provider acknowledges that In Color Photos shall not assume or have any liability for any action by In Color Photos or its affiliates and licensees with respect to the use of Images. To the fullest extent permitted by applicable law, including but not limited to, negligence, In Color Photos shall not be liable to Content Provider for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if In Color Photos has been advised of the possibility of such damages, in connection with In Color Photos or with any other product or service provided by In Color Photos, or resulting from the use of or the inability to use the Website or any transaction entered into through or from In Color Photos, or from unauthorized access to or alteration of your transmissions, data, or account. Content Provider specifically agrees that In Color Photos is not responsible or liable to Content Provider or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.

K. Termination

Content Provider or In Color Photos may terminate your account with In Color Photos at any time with or without cause. Your emailed notice of termination will be effective upon receipt by In Color Photos at which time all Images and account information will be removed from the In Color Photos servers and any outstanding payments due to Content Provider will be forfeited by Content Provider.

L. Contributor/ Upload Agreement

This Contributor Upload Agreement pertains to any Member that uploads Data Files to the Site ("Contributor"). By uploading Data Files the Contributor understands that he or she agrees to be bound by the following terms.

1.    Copyright
a.    In Color Photos prohibits the upload to the Site of any Data File or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right.

b.    By uploading his or her Data File, the Contributor warrants that he or she owns all proprietary rights, including copyright, in and to the Data File. To the extent that the Data File contains images of recognizable people or persons, the Contributor also represents and warrants that he or she has obtained a complete and accurate model release. To the extent that the Data File contains images of identifiable property or property for which it is necessary for the owner to permit the uses allowed under the Terms & Conditions, the Contributor also represents and warrants that he or she has obtained a complete and accurate property release. Contributor is responsible for keeping all original releases and maintaining accurate release records, and shall submit such releases to In Color Photos upon request.

c.    Contributor acknowledges that the intention of the Terms & Conditions is that users are to comply with its terms and conditions; however, In Color Photos is not responsible for ensuring the compliance of the Terms & Conditions by any user.

d.    Contributor further acknowledges that In Color Photos is not responsible for nor has any obligation to pursue legal action against any infringing or alleged infringing party of any of Contributor's rights regarding the Data Files. Please visit http://www.copyright.gov for information regarding U.S. registration of your Data Files.

2.    License
a.    The Contributor hereby grants In Color Photos a worldwide, non-exclusive license to post the Data File on the Site, and further grants In Color Photos the right to grant sub-licenses, advertise, market, and distribute such Data Files in accordance with the terms of the Terms & Conditions, a copy of which the Contributor acknowledges having reviewed and agreed to. The Contributor acknowledges that the Terms & Conditions may be updated or modified by In Color Photos from time to time. The non-exclusive rights granted by Contributor include, but are not limited to, the right to reproduce, publish, transmit, broadcast, display, exhibit, adapt, crop, recast or enhance, and modify any Data File, alone or in combination with any other material, in any media or embodiment, now known or later developed, for any purpose. In Color Photos is specifically authorized to employ the services of sub-distributors throughout the world in its licensing and marketing efforts.

b.    In Color Photos may use or grant the use of Contributor's name, image, likeness, and Data Files in promotional materials, including but not limited to print, digital, online materials, and products.

c.    In Color Photos shall determine, in its sole discretion, the terms and conditions of the licensing, marketing, and distribution of the Data Files, including, but not limited to, advertising, promotion, marketing expenditures, packaging, distribution channels, and the pricing of the Data Files.

d.    It is agreed that all rights, including title and copyright, in and to the uploaded Data Files is retained by the Contributor, and that no title or copyright transfers is granted to In Color Photos or any third party. The Contributor acknowledges that no monetary or financial compensation is owed or required to be paid to the Contributor by the In Color Photos or it's members for the rights granted herein by the Contributor. Notwithstanding the foregoing, In Color Photos currently acknowledges that its policy is to provide certain payments to the Contributor whenever a Data File uploaded by the Contributor is downloaded, and the parties agree that In Color Photos may amend such policy as reasonable business objectives may require.

3.    Removal of Data Files From Site
Within thirty (30) business days after receiving written notice from Contributor to remove any Data Files, In Color Photos shall use reasonable efforts to remove such Data Files from the Site, and shall use reasonable efforts to cause such Data Files to be removed from the web sites of any sub-distributors. Any withdrawal or removal of Data Files will not affect existing rights or licenses granted by In Color Photos or sub-distributors to end users.

4.    Warranties
a.    The Contributor warrants that he or she is at least 18 (eighteen) years of age and has the right to grant the license contained in this Contract to In Color Photos and its members, and has obtained all rights to source materials which comprise the Data Files and has obtained all necessary permissions, consents, and releases (including, without limitation, property, material, and/or model releases) from all persons and entities in connection with the Data Files that are necessary to permit In Color Photos to market and distribute the Data Files under these Terms & Conditions.

b.    The Contributor further warrants that the copyright, title, caption, description, keyword, release, and all other information provided by Contributor to In Color Photos is complete and accurate, and that the Data Files do not infringe upon or misappropriate on any copyright, trademark, property rights, personal rights, common law rights, rights of privacy or publicity or other rights of any third party; shall not defame or violate the rights of any third party; and are not libelous, obscene, pornographic, offensive, or otherwise unlawful.

M. Entire Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

This Agreement comprises the entire agreement between In Color Photos and all members, and supersedes any prior agreements. In Color Photos reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions.

Please contact Customer Service with any questions.