In placing an order, you agree to provide only true, accurate, current and complete information during the checkout process, and agree to update that information to keep it true, accurate, current and complete. Photographer's Edge shall have the right to bar your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Photographer's Edge.
Intellectual Property Rights
This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the "Content"), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by Photographer's Edge or the applicable third party from whom the Content originated, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site. Photographer's Edge authorizes you to view and download one copy of the Content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by Photographer's Edge for use in accessing the Site.
Representations and Warranties
You represent and warrant that:
a. You are over the age of 18 and can form a legally binding contract under applicable law.
b. You have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out the PHOTOGRAPHER'S EDGE checkout form (the "Form"). The billing address you provide to Photographer's Edge on the Form should be the address and phone number your credit card bank has on file for you.
c. You are not using the Photographer's Edge service for any improper purpose, and you will act in good faith in your relationship with Photographer's Edge.
d. You have sufficient authority, if you are purchasing on behalf of a company, to bind that company to the Terms.
You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site.
You agree that you will not use the Site in any way to:
a. transmit any Content that is harassing, unlawful, defamatory, abusive, threatening, obscene, harmful, tortious, invasive of another's privacy or right of publicity, or that infringes any copyright, trademark, trade secret, patent or other proprietary right, or that is otherwise objectionable;
b. transmit viruses or other harmful, disruptive or destructive files, codes or programs;
c. violate any local, state, national or international law or regulation or transmit any Content that you do not have the right to disseminate under law, or contractual or fiduciary relationships;
d. interfere with, disrupt or harm in any way the Site or servers or networks connected to the Site;
e. collect or store personal data about other users;
f. harm minors in any way.
g. transmit any unauthorized advertising, promotional materials, spam, or other type of unsolicited mass-e-mail to any party who has not agreed to be part of such mailings.
Except as explicitly stated otherwise, notice to Photographer's Edge shall be given by postal mail to Photographer's Edge at 855-C Garden of the Gods Road, Colorado Springs, CO 80906. Notice to you shall be given by an e-mail sent to the address you provided during the checkout process or through a general notice posted on Photographer's Edge' homepage. In addition, Photographer's Edge may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
The Terms constitutes the entire agreement between Photographer's Edge and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by Photographer's Edge to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.