Member Agreement

This Member Agreement governs your membership in the OnePricePhoto community, allowing you full access to the membership portions of the web site located at www.OnePricePhoto.com (the "Site"). This Member Agreement is in addition to the Terms of Use applicable to the Site. The Site is operated by Digital Stock Co.

Access and use of the membership portions of the Site are provided by Digital Stock Co. to you on condition that you accept the terms and conditions of this Member Agreement and the Terms of Use, and by accessing or using the membership portions of the Site, you agree to the terms and conditions of this Member Agreement and the Terms of Use. If you do not agree to accept and abide by this Member Agreement and the Terms of Use, you should not access or use the membership portions of the Site. In the event of any inconsistency between this Member Agreement and the Terms of Use, the terms of this Member Agreement shall govern.

Digital Stock Co. reserves the right, in its discretion, to change or modify all or any part of this Member Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Member Agreement, including any changes or modifications made by Digital Stock Co. as permitted above. If at any time the terms and conditions of this Member Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.

Download Credits

Download credits can be purchased from the Purchase Page within the membership portion of the Site. Credits can be purchased online via major credit cards through PayPal or with check or money order by mail.

The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Digital Stock Co. to charge the designated credit card, or PayPal account, for the total amount of the purchase.

Use of Content

You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Digital Stock Co. and its affiliates or other third parties (including other members).

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Member Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement).

Content is provided to the Site through members entering into an Artist's Supply Agreement. Subject to the provisions of the applicable Supply Agreement, you may post on the Site any Content owned wholly by you. You may download Content only in accordance with the terms of this Member Agreement and the then Content License Agreement.

Passwords

You acknowledge and agree that the user identification provided by Digital Stock Co. to you so that you may access and utilize the membership portions of the Site (your "Member Name"), and the password selected by and used by you in conjunction with your Member Name are to be kept secret and confidential. You agree that you shall not disclose such Member Name or password to any other party without the express written permission of Digital Stock Co..

You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Digital Stock Co. is authorized to accept your Member Name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Digital Stock Co. does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Digital Stock Co. does not have the ability to access the password(s) themselves (is this correct?).

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a "Forum") accessed on or through the Site, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
• Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
• Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
• Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Digital Stock Co.'s business.

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Digital Stock Co. and no communication of a third party or Content may be considered reviewed, screened or approved by Digital Stock Co.. As explained below, Digital Stock Co. reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Digital Stock Co. member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Managing Content

Digital Stock Co. does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Digital Stock Co. reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Member Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Digital Stock Co. shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Digital Stock Co. to determine Accepted Content is done as a courtesy only.

Digital Stock Co. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Digital Stock Co. with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Member Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Digital Stock Co. and its licensors, and you agree that during the term of this Member Agreement and thereafter you shall not, without the express written consent of Digital Stock Co., use or disclose to any other person any such Confidential Information, except as specifically authorized under this Member Agreement or as required by applicable law.

For the purposes of this Member Agreement, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of Digital Stock Co., its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

Indemnity

You agree to indemnify, defend and hold Digital Stock Co. and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Digital Stock Co. Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any Digital Stock Co. Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Member Agreement. Digital Stock Co. reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Digital Stock Co.'s defense of such claim.

Term and Termination

This Member Agreement is effective until terminated. You may terminate this Member Agreement at any time by emailing support@OnePricePhoto.com or by such other means of written notice acceptable to Digital Stock Co. which enables confirmation of your identity and your intention to terminate. Digital Stock Co. reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Digital Stock Co. may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Digital Stock Co. may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Digital Stock Co..

Termination of this Member Agreement does not relieve you of your responsibilities to pay any amounts due to Digital Stock Co. under this Member Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Member Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this Member Agreement shall operate without prejudice to the Digital Stock Co.'s rights, defenses and limitations of liability provided under this Member Agreement, which rights, defenses and limitations of liability shall survive termination of this Member Agreement.

Upon termination of your access to the membership portions of the Site, you agree to forfeit all download credits remaining in your account.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Digital Stock Co. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Digital Stock Co. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL Digital Stock Co. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBER AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF Digital Stock Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, Digital Stock Co.'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBER AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Digital Stock Co. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Age and Responsibility

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

Applicable law

The Site is controlled, operated and administered by Digital Stock Co. from within the State of Illinois, USA. The Site can be accessed from all US States and from other countries around the world. You acknowledge and agree that this Member Agreement will be governed under the laws of the State of Illinois and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Illinois, USA with respect to the subject matter of this Member Agreement. This Member Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.

Except for disputes involving the payment of money due, all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Illinois under the auspices of the Judicial Arbitration and Mediation Service/Endispute ("JAMS") pursuant to the JAMS rules in effect at the time arbitration is demanded ("Rules"). The arbitration will be conducted in Illinois by a single arbitrator selected by the parties, or if they cannot agree, according to the Rules. The arbitration shall be conducted in the English language.

If Digital Stock Co. is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Digital Stock Co. for its legal fees, costs and disbursements if Digital Stock Co. is successful.

General

You specifically agree and acknowledge that you have, in addition to the terms of this Member Agreement, reviewed the terms of the Terms of Use and any other agreements that may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.

Digital Stock Co.'s failure to insist upon or enforce strict performance of any provision of this Member Agreement shall not be construed as a waiver of any provision or right.

If any provision or part thereof of this Member Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Digital Stock Co.'s prior written consent. Digital Stock Co. may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

The parties have requested that this Member Agreement and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to the Site or this Member Agreement, please contact Digital Stock Co. at Digital Stock Co. at 1294 Cranbrook Dr. Schaumburg, IL 60193

ACKNOWLEDGEMENTS

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBER AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Digital Stock Co., WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Digital Stock Co. RELATING TO THE SUBJECT OF THIS MEMBER AGREEMENT.

Terms of Uuse

THE FOLLOWING TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE OWNER OF www.OnePricePhoto.com ("Website"), Digital Stock Co. ("OnePricePhoto", "We", "Us"). ACCESS AND USE OF THIS WEBSITE IS PROVIDED TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE IN ANY POSSIBLE FORM. PLEASE READ THIS TERMS OF USE ("Agreement") BEFORE USING THIS SITE ("Website"). BY USING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS.

• Digital Stock Co. may at any time revise this Terms of Use by updating this posting. By using this Website, You agrees to be bound by any such changes.

Membership

By becoming a member, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Agreement has been violated, or other abuses have occurred as determined by OnePricePhoto in its sole discretion.

OnePricePhoto is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our OnePricePhoto Privacy Policy for further details.

OnePricePhoto may use third parties to provide certain services accessible through the Website. OnePricePhoto does not control those third parties or their services, and you agree that OnePricePhoto will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Agreement when you use this Website. If any such terms or policies conflict with this Agreement or policies, you must comply with this Agreement or policies, as applicable.

All suggestions, ideas, notes, concepts and other information you may from time to time send to OnePricePhoto (collectively, "Submissions") shall be deemed and shall remain the sole property of OnePricePhoto and shall not be subject to any obligation of confidence on its part. Without limiting the foregoing, OnePricePhoto shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that OnePricePhoto monitors or endorses these Web sites. OnePricePhoto. does not accept any responsibility for such Web sites. OnePricePhoto. shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL OnePricePhoto. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TEN ($10.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless OnePricePhoto and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Images or Vector Illustrations, your failure to abide by any restriction regarding the use of an Image or Vector Illustration, or any claim by a third party related to the use of an Images or Vector Illustrations.

OnePricePhoto reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, at any time for any reason without prior notice or liability. OnePricePhoto may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature or downloaded contents without prior notice. You agree that OnePricePhoto shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.

The entire content included in this Website, including but not limited to text, graphics and other material displayed on or that can be downloaded from it (collectively, "Content") are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights and may not be used except as permitted in this Agreement or in conjunction with OnePricePhoto licensing agreement. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website. The Contents of this Website are © 2008, OnePricePhoto.com, or its affiliates and business partners. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with OnePricePhoto or purchasing OnePricePhoto products. You may not modify the information or materials displayed on or that can be downloaded from this Website or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless authorized by OnePricePhoto. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.

OnePricePhoto. takes its own intellectual property rights seriously and respects the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OnePricePhoto with a notification that contains the following information:

1. Identification, in detail, of the copyrighted work you claim has been infringed.
2. Identification of the material you claim is infringing the copyrighted work, in sufficient detail to enable OnePricePhoto to locate the material.
3. Your contact information, including name, address, telephone number, and email address.
4. Your statement that you have a good faith belief that use of the material in the manner you complain of is not authorized by the copyright owner, its agent or the law.
5. Your statement that all information contained in your notice is accurate and that, under penalty of perjury, you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Your physical or electronic signature, if you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, or such owner's physical or electronic signature.

Please direct your notice to our Customer Service.

THE INFORMATION FROM OR THROUGH THIS WEBSITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OnePricePhoto AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, OnePricePhoto AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OnePricePhoto. OnePricePhoto AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OnePricePhoto SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

CERTAIN GRAPHIC MAY BE SUBJECT TO ADDITIONAL COPYRIGHTS, PROPERTY RIGHTS, TRADEMARKS ETC. AND MAY REQUIRE THE CONSENT OF A THIRD PARTY OR THE LICENSE OF THESE RIGHTS. OnePricePhoto DOES NOT REPRESENT OR MAKE ANY WARRANTIES THAT IT OWNS OR LICENSES ANY OF THE MENTIONED, NOR DOES IT GRANT THEM. IT'S YOUR SOLE RESPONSIBILITY TO MAKE SURE THAT YOU HAVE ALL THE NECESSARY RIGHTS, CONSENTS AND LICENSES FOR THE USE OF THE GRAPHIC.

The failure of OnePricePhoto to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

This Web site is controlled, operated and administered by Digital Stock Co. from Schaumburg, Illinois, USA. This Web site can be accessed from all US States and from other countries around the world. By accessing this Site you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State of Illinois and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Illinois, in Cook County or the United States Court for the Northern District of Illinois and acknowledge that you do so voluntarily.

If you have any questions about this Agreement or the Website, please contact Digital Stock Co. at 1294 Cranbrook Dr. Schaumburg, IL 60193 or Our Customer Support.