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Effective 8/8/08
These Terms and conditions are for the protection and best interests of all involved in the function of this site; TinyMegaPhoto.com, its affiliates and you the user.
This Agreement controls your use of TinyMegaPhoto.com and the goods and services involved. By using TinyMegaPhoto.com and the goods and services, you understand that you are agreeing to abide by the terms and conditions contained herein.
Site - Terms of Use
TinyMegaPhoto.com is a public access general purpose gallery hosting web site and community for photographers, artists, and individuals wishing to purchase their products. TinyMegaPhoto.com provides a hosting service for public image display, marketing, and communication on a professional level between photographers and artists. TinyMegaPhoto.com does not own or claim to own any personal gallery content or images uploaded by individual users. TinyMegaPhoto.com is not responsible for any gallery content.
It is the responsibility of the user to abide by this agreement and site guidelines. TinyMegaPhoto.com uses various third party payment systems; each user is responsible to review and abide by the rules of those systems.
By using this website you are agreeing to allow Tiny Mega to reproduce your images with the intent to sell for profit.
We provide this site as a service to our community of photographers. The use of this site to solicit, SPAM, or interfere with our operations is prohibited. By visiting this site, you agree to these terms.
Disclaimer
The individual user galleries and blogs contain information, facts and opinions from various individuals and organizations. THEY ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER TINYMEGA, INC. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE INDIVIDUAL USER GALLERIES AND BLOGS.
TinyMegaPhoto.com may include bulletin boards which allow you and other users to post information, provide feedback to TinyMegaPhoto.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way. You will be responsible for, and indemnify and hold harmless TinyMegaPhoto.com, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although TinyMegaPhoto.com and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and bulletin boards on the Site, neither TinyMegaPhoto.com nor its affiliates is under any obligation to do so. TinyMegaPhoto.com reserves the right to change or modify gallery information or message board postings as needed and without notice. You acknowledge that TinyMegaPhoto.com and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. TinyMegaPhoto.com and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links, email addresses, images, and content submitted to, or posted on the bulletin boards, or galleries. TinyMegaPhoto.com and its affiliates reserve the right, in their sole discretion, to deny access to the e-mail systems provided for general community use. TinyMegaPhoto.com has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted throughout the site.
Your use of the Service and the Sites is at your own risk. NEITHER TinyMegaPhoto.com, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TinyMegaPhoto.com, OR TINY MEGA INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
Any communication or material you post or transmit to TinyMegaPhoto.com is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant TinyMegaPhoto.com and its affiliates the right to edit, copy, publish and display any information or content you post or transmit for any purpose.
TinyMegaPhoto.com provides web-based email services. While we provide these services at no additional cost to our users, the system is intended for sending specific communications regarding the promotion of your gallery and store, and for communications supporting work between our members. For the safety and convenience of our members, we have instituted as set of rules and guidelines governing the use of this system. All members using the email/referral systems should be familiar with these, and links to these rules and guidelines are provided on every outgoing email form. Additionally, they can be viewed here: http://tinymegaphoto.com/emailpolicy.php
TinyMegaPhoto.com and its affiliates do not review or monitor any web sites linked to TinyMegaPhoto.com or from user galleries on this site. When clicking links to user galleries from TinyMegaPhoto.com all users of the system acknowledge that TinyMegaPhoto.com is not responsible for the accuracy or content of those links. You agree to not post URL's and other web links in any form, into your personal home page section, or the main gallery pages as links or text, that lead to ADULT SITES or Pay Sites. TinyMegaPhoto.com reserves the right to remove any references or links without notice. Additionally certain links to sites, as determined from time to time by TinyMegaPhoto.com, or the use of links and web addresses, or the use of html formatting and scripting in certain gallery types as determined by TinyMegaPhoto.com, may not be permitted within the gallery or as an acceptable use of the personal home page link or as gallery content. TinyMegaPhoto.com is under no obligation to provide exposure to competing sites through links or other methods in galleries and may remove those at it's discretion, and without notice. TinyMegaPhoto.com permits one main member gallery per person.
TinyMegaPhoto.com does not support bandwidth theft, the linking of images from TinyMegaPhoto.com to other sites, or the misuse of links from Other sites to TinyMegaPhoto.com. Anyone found linking images from TinyMegaPhoto.com to other sites, copying content from TinyMegaPhoto.com, or inappropriately linking to TinyMegaPhoto.com (to increase their views - through use of hidden frames, or using programs to artificially raise page views etc.) will result in permanent REMOVAL from TinyMegaPhoto.com without notification and may necessitate the notification of the appropriate State and/or Federal authorities. All membership fees will be forfeited.
You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster.
As a member of TinyMegaPhoto.com, you will receive email from TinyMegaPhoto.com, including regular email updates, and you may also be contacted by other members seeking to contact or work with you. As new features or member programs and promotions are developed and launched, you will be informed via the postings to the site and also by email. If you do not wish to receive email from us, you should so indicate as part of your user preferences. However, if for any reason we receive a report or information that you have in any way blocked or prevented receipt of emails from us, other than through your user preference selections on the site itself, then TinyMegaPhoto.com shall have the right, in its absolute discretion, to disable and cancel your account immediately and to retain any monies paid by you for use of the site. If such action occurs and you believe it to be in error, you should contact us immediately and alert the ISP that controls your email account. Separately, when email is sent to an undeliverable email address, your gallery will be disabled as well. If you discover that your gallery has been disabled because of outdated contact information, you may provide us with the correct information and we will re-activate your gallery.
Compatibility and Browser Statement:
We strive to maintain cross platform multiple browser compatibility. We use modern browser technologies such as CSS, Java Script, DHTML, SSL, and Flash plug-ins. Additionally, our site requires that cookies be enabled or your computer. Plug-ins, such as Macromedia Flash, should be installed and running on your computer. This site also packages some materials in downloadable file formats that require additional software such as Adobe Acrobat. In the event you experience difficulties please resort to one of the following recommended browsers: Safari v3 or higher, Explorer v6 or higher, or Firefox v2or higher.
Products:
All sales are final - no returns, exchanges or credits due to the fact that the products are custom and therefore cannot be resold.
Return Policy:
Due to the nature of the products we sell all sales are final. Unless the product is found to be defective, we cannot accept returns as the products are custom and can't be resold. Since we are not able to resell customers print products, we do not accept returns. If the delivered product is damaged or has a quality control problem, please contact us via email: tiny@tinymetaphoto.com for reprint consideration.
Payment:
Tiny Mega photographers receive a percentage of product sales varying from 40% - 50% net profit, payable on a bi-monthly basis. Photographers must indicate form of payment: Paypal transfer, check, or Tiny Mega product credit in their user preferences.
Cropping and Editing:
Tiny Mega reserves the right to crop and color balance images to enhance product production.
Product disclaimer:
Some products due to the nature of their materials will present imperfections in their presentation. Tiny mega is not responsible for these slight imperfections. Please read product descriptions carefully before choosing a method to display your image.
Copyright
All content is copyright. All rights reserved.
Model Release:
It is the sole responsibility of the photographer to obtain a model release for each and every image posted for use on our website. Your use of this site constitutes your agreement that your legally own and have obtained a model release for each and every photo you upload. You are responsible for your own copyright protection. You agree that we will not be responsible for any copyright infringement.
Copyright of Print Designs, Liability Exemptions
Tiny Mega Photo is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Tiny Mega Photo Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Tiny Mega Photo.
(1) Tiny Mega Photo has the sole discretion to reject any image that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), containing explicit sexual content or is otherwise inappropriate for Tiny Mega Photo production.
(2) You agree to not use Tiny Mega Photo Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
(3) The photographer gives Tiny Mega Photo the right of use for created and transmitted designs this includes the right to print the design on the product. Tiny Mega Photo retains the right to sell photographer designs to end users and will not sell designs to other brokers or wholesalers/retailers.
(4) Tiny Mega Photo retains the right to use images of a photographer for advertising on the Tiny Mega Photo website.
(5) By transmitting the image, the photographer assures Tiny Mega Photo that no rights of a third party are thereby violated. Any copyright violations are the full responsibility of the customer. The customer must insure that any designs in no way infringe the rights of third parties. Tiny Mega Photo may, in appropriate circumstances and at its discretion, discontinue and/or terminate the photographer agreement of users who may be repeat infringers of copyright violations.
(6) The photographers will exempt Tiny Mega Photo upon first request of all demands and requirements incurring from third party rights violations. The photographer must refund all arising costs of the defense and other damage to Tiny Mega Photo. Tiny Mega Photo can demand advance payments of an estimated amount of the defense costs.
(7) The photographer is required to give Tiny Mega Photo immediate written notice of a claim of third party rights violations.
Copyright and Intellectual Property Agent for Notice
If you believe that your work has been copied in a way that constitutes a copyright infringement, or that your intellectual property rights have been otherwise debased, please provide Tiny Mega Photo with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site as well as the users name found at the top of the url of the infringing party;
Your telephone number, address, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; or proof that you are the holder of the copyright of the material
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Tiny Mega Photo Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
admin@TinyMegaPhoto.com
Area of Jurisdiction
(1) The exclusive place of jurisdiction for all disputes arising from this contract is Los Angeles CA, USA. The supplier remains entitled to take legal action or institute other proceedings at the client's general place of jurisdiction. The legal relations between both parties are solely in line with the law of the State of California, USA.
(2) The photographer will indemnify Tiny Mega Photo from any claims and outstanding bills incurred in connection with any third parties rights violation. The photographer will reimburse Tiny Mega Photo all costs and expenses incurred in connection with attorney fees and other damages. The photographer is obliged to inform Tiny Mega Photo forthwith in writing of any claim brought against the photographer due to a violation of third parties rights, in connection with the content of the shop.
Partial Nullity
(1) The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect. In the case of partial nullity, both parties will preferably try to reach an agreement in order to replace the invalid or unenforceable provision. This also holds true for possible loopholes.
(2) Tiny Mega Photo may use trustworthy third parties to provide certain services for the management of the agreement. As a result, Tiny Mega Photo may have to provide the third parties with clients' personal data. The data provided is saved, processed and used by third parties in accordance with the agreement. Tiny Mega Photo partners are obliged to delete all data immediately after their part of the contract has been executed. Tiny Mega Photo will not provide third parties with any personal data for advertising purposes.
TinyMegaPhoto.com reserves the right to change and modify these usage rules as appropriate and without notice.
Violation of these Terms and Conditions will cause your membership to be terminated and your profile and gallery to be removed from TinymegaPhoto.com without any notice whatsoever and without refund of any/all monies paid.
