Terms of Use

(Effective December 7, 2019)

Summary: Below are the conditions for using the Website, which are paraphrased in plain English in summary boxes. These summaries are not a part of this agreement, but are merely for your convenience and understanding.

  1. Acceptance of the Terms of Use

This agreement is entered into by and between you and The Photo Fund, LLC (“The Photo Fund,” “we,” or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of this website (the “Website”), including any content, functionality, and services offered on or through the Website (collectively, with the Website, the “Services”), whether as a guest, registered user, or Photographer.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use. If you do not accept the Terms of Use, you must not access or use the Website.

Summary: If you continue to access or use the Website, you will be legally bound to these terms.

  1. Changes to the Terms of Use

We reserve the right, at our sole discretion, to change or modify portions of the Terms of Use at any time. Any and all changes to the Terms of Use are effective immediately upon posting them to the Website, the date of such will be posted at the top of the Terms of Use. Your continued use of the Website following the posting of the revised Terms of Use constitutes your acceptance of such changes. If you do not wish to accept the new Terms of Use, you may discontinue your use of the Services.

Summary: We can change the Terms of Use at any time and for whatever reason. You are expected to be aware of these changes. If you still use the Website after the changes are posted, you will be bound to the new terms.

  1. Description and Use of the Platform and Services

We provide Visitors with access to the Website and provide Members, Contributors, and Photographers with access to the Services, in each case as described below.

Visitors. Users of the Website who do not create an account with The Photo Fund shall be referred to as “Visitors.” Visitors can view all publicly-available content on the Website.

Members. Users of the Website who create a Registry (as defined below) with The Photo Fund shall be referred to as “Members.” All Members must create an account with the Website. Members can: (i) view all publicly-available content on the Website; (ii) create, access, manage, and update their own account on the Website; and (ii) create, access, manage, and update their own Registry through the Services.

Contributors. Users of the Website who want to utilize our Services to access, view, or contribute a donation to a Member’s Registry shall be referred to as “Contributors.” Contributors are not required to create an account to contribute to a Registry. Contributors can: (i) view all publicly-available content on the Website; and (ii) contribute donations to Members’ Registries.

Photographers. Users of the Website who are listed on the directory or who provide professional photography services to a Member through the Website shall be referred to as “Photographers.” All Photographers must create an account with the Website. Photographers can: (i) view all publicly-available content on the Website; (ii) create, access, manage, and update their own account on the Website; (iii) subscribe to the directory thorough a monthly Membership; (iv) approve or deny Registry Requests (defined below) to start a Registry for the Photographer’s services; and (v) contact Members that send Registry Requests.

Summary: Visitors may access the Website, while Members, Contributors, and Photographers may create accounts and access our Services.

  1. Accessing the Website

We reserve the right to update the Website and amend the Services from time to time, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to all users, including Visitors, Members, Contributors, and Photographers.

To access the Website or the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Summary: We try our best to keep the Website up and running, but at times, the Website may experience down time. The Photo Fund is not responsible for any damages caused during times the Website is not operational. Also, you agree that if you set up an account on the Website, you are using accurate information.

  1. Account Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. The Photo Fund will not be liable for any loss or damage arising from your failure to comply with this Section.

Summary: You are responsible for the actions that stem from your account. Keep your username and password private!

  1. Intellectual Property

The Website and its entire content, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (the “Company Content”) are owned by The Photo Fund, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Website solely (i) for your personal, non-commercial use as a Visitor, Member, or Contributor; or (ii) for a legitimate business purpose as a Photographer.

You agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Company Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by The Photo Fund. Any use of the Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Summary: The Website and its contents are the property of The Photo Fund. No rights in the Website or its contents are transferred to you, and you agree not to modify or copy such material.

  1. User Content

With respect to the content, text, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Website, whether as a Visitor, Member, Contributor, or Photographer (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to, or otherwise have all necessary rights and consents to fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto.

By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Website, you hereby grant The Photo Fund and its affiliated companies and users a nonexclusive, worldwide, royalty free, transferable, sublicensable, irrevocable license to copy, display, modify, and otherwise use your User Content in connection with the operation of the Website or the promotion, advertising or marketing thereof, in any form, medium, or technology now known or later developed.

If any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of The Photo Fund in a manner fully consistent with the licenses, waivers and releases set forth above.

The Photo Fund is not responsible for User Content. We do not warrant the legality, reliability, or accuracy of User Content and will not be liable for any errors, omissions, or misrepresentations in any User Content.

Summary: You must own the content you post to the Website. By uploading content, such as pictures or text, you agree to let The Photo Fund use such content on the Website and for advertising purposes. The Photo Fund cannot guarantee the accuracy of and is not responsible for User Content.

  1. Content Standards

These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Summary: User Content cannot include any content that violates law, promotes illegal activity, or otherwise violates the above content standards.

  1. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website in any way that:

  • Violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • Infringes any intellectual property or other proprietary rights of any party;
  • Violates any contractual or fiduciary relationships;
  • Reproduces, distributes, modifies, creates derivative works of, republishes, downloads, stores, or transmits any of the material on the Website.
  • Poses or creates a privacy or security risk to any person;
  • Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • Harvests or collects email addresses or other contact information of other users from the Website by electronic or other means; or
  • In the sole judgment of The Photo Fund, is objectionable or which restricts or inhibits any other person from using or enjoying the Website and the Services, or which may expose The Photo Fund or its users to any harm or liability of any type.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Use any measures to circumvent any blocking The Photo Fund has implemented against you from accessing the Website (e.g., by masking your IP address or using a proxy IP address);
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

Summary: You may not use the Website in a way that violates the law, infringes on intellectual property rights, collects user information, or interferes with the proper workings of the Website.

  1. Termination

The Photo Fund has the right to:

  • Remove or refuse to post any User Content, suspend or terminate the account of any user who violates the content standards or engages in prohibited uses of the Website, stop payments to any such Registry, freeze or place a hold on donations, report any user to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users, and any other action we deem necessary or appropriate, in our sole discretion; and
  • Disclose the identity or other information about any user to a third party who claims that posted material violates their rights, including their intellectual property rights or their right to privacy.

We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Summary: The Photo Fund has the right to terminate or suspend accounts, Registries, and donations for any reason, and disclose relevant information to authorities or third parties, especially if we think you are violating the Terms of Use.

  1. Third Party Websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Photo Fund neither endorses nor controls the contents of third party websites. You acknowledge that The Photo Fund is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such third party websites. You further acknowledge and agree that The Photo Fund will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such third party websites. Any dealings you have with third parties found while using the Website are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such third party websites, and you agree that The Photo Fund is not liable for any loss or claim that you may have against any such third party.

Summary: The Photo Fund does not endorse or control contents of third party websites. Any issues that occur based on your use of such third party websites are between you and that third party, not The Photo Fund.

  1. Registry

Members may create a campaign to crowdfund photography services of their choosing (each, a “Registry”). To create a Registry, Members must submit a Registry information form regarding the Registry duration, the amount of money to raise (“Goal”), and such other information requested by The Photo Fund.

Selecting Photographers

Members may select (1) a Photographer listed on our directory page or (2) a Photographer who is not listed on the directory, but who creates an account with the Website to enable such Photographer to provide photography services to the Member. Once a Member contacts the selected Photographer with a request for photography services (“Registry Request”), such Photographer must contact such Member within seventy-two (72) hours of receipt. During this period, the Photographer may contact the Member to gather any additional information needed to approve such Registry Request. If the Photographer does not contact the Member within seventy-two (72) hours after receipt of the Registry Request, the Member may cancel the request. If the Registry Request is neither canceled by the Member nor approved by the Photographer within thirty (30) days of receipt, it will be automatically terminated.

Additionally, Members have the option to create a Registry without selecting a Photographer. If a Member creates a Registry without an assigned Photographer, the Member may (1) add a Photographer at any time during the Registry duration, or (2) complete the Registry without adding a Photographer. Notwithstanding anything else herein, if a Member completes a Registry without assigning a Photographer, the amount raised (minus an administrative fee of 6% of the Goal) will be transferred to the Member.

Registry Length & Goal

Members have the option of selecting the Registry duration. Regardless of Registry duration, all Registries must end at least two (2) weeks before the photography session date, unless otherwise agreed upon by the Photographer and Member.

Once the Registry duration lapses, the amount of money raised, whether or not it reached the Goal, will be (1) transferred to the Photographer, minus a 4.5% administrative fee, as amended from time to time (“The Photo Fund Fee”), or (2) if no Photographer was assigned to the Registry, transferred to the Member, minus a 6% administrative fee, as amended from time to time (“Member Transfer Fee”). The Photo Fund Fee and Member Transfer Fee may be changed at any time in our sole discretion, but will only apply to campaigns that are created after such change.

If the Goal is reached before the Registry lapses, Members have the option to end such Registry early. Any money contributed to the Registry in excess of the Goal will be transferred to the Photographer in return for additional photography services or packages to the Member.

Transfer of Registry

After creating a Registry with an initial Photographer, a Member may only transfer their Registry to a different Photographer in the event of a Refund Circumstance (as defined below).

Summary: Members may start a Registry with or without assigning a Photographer. To assign a Photographer a Member must send a Registry Request to that Photographer for approval. Members select the Registry duration and may choose to end their Registry early once the Goal is reached. Any contributions beyond the Goal will be transferred to the Photographer for additional services for the Member. Members may only change their Photographers in the event of a Refund Circumstance.

 

  1. Payments

Third Party Processors

You acknowledge and agree that the use of third party payment processors are integral to the Services. By contributing a donation to a Registry, you, as a Contributor, agree to any and all applicable terms set forth by our payment partners (including, but not limited to, Square, Inc.), in addition to the Terms of Use, including the third party’s terms of service and privacy policy. By contributing to a Registry, you agree to be debited a service charge by the third party payment processor, as they may amend from time to time (“Service Charge”).

Summary: We use third party processors to handle contribution payments. The terms of service and privacy policy of these third parties apply to the payment process.

Contributors

In order to contribute to a Registry, a Contributor will be required to provide third party payment processor information regarding the Contributor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Contributor’s account (“Billing Account”) on the third party website. You, as a Contributor, represent and warrant to The Photo Fund that such information is true and that you are authorized to use the applicable Payment Instrument.

Summary: Contributors must provide their correct information and only use Payment Instruments that they are authorized to use. The Photo Fund does not keep your Payment Instrument information.

Refunds

You, as a Contributor, agree that all donation payments are final and will not be refunded unless The Photo Fund determines, in its sole discretion, that the applicable Photographer canceled their account with The Photo Fund or ceased business operations (collectively, “Refund Circumstances”). The amount of your refund will depend on the time between the Registry’s start date and the date Member cancels their Registry.

  • Full Refunds

Contributors may receive a full refund, except for the Service Charge, of their contribution amount in the event:

  1. The Member cancels their Registry within forty-eight (48) hours of the Registry’s start date or Refund Circumstances occur; and
  2. There is no other available Photographer participating on the Website desirable to the Member.
  • Partial Refunds

In the event the Member cancels their Registry after forty-eight (48) hours of the Registry’s start date, Contributors may be refunded the amount they contributed to the Registry minus a 10% administrative fee, as may be amended from time to time (“Refund Fee”), and the Service Charge.

 

Summary: If you cancel your Registry within 48 hours of creating it, Contributors will receive full refunds, except for a small service fee. If The Photo Fund determines the Photographer canceled their account with the Website or went out of business, Contributors will receive a full refund, except for a small service fee. If you cancel your Registry after 48 hours of creating it, Contributors will receive a refund except for a Refund Fee of 10% and the Service Charge.

Member Obligations

The money that is raised in a Registry will function as a gift certificate for the selected Photographer’s services, such services as will be agreed upon by the Member and the Photographer. All money will be transferred to the Photographer (minus The Photo Fund Fee) regardless of whether the full Goal was raised, except in the event of (1) a Refund Circumstance or (2) no Photographer is assigned to the Registry, in which case the money will be transferred to the Member (minus the Member Transfer Fee). The Member will be responsible for paying the Photographer in full, even if the full amount of the Goal is not raised.

The Photo Fund does not determine or enforce the terms of Member agreements with selected Photographers. The Photo Fund is not responsible for any disputes that arise between a Member and Photographer. The relationship between a Member and Photographer will be governed by the agreement between such two parties, whether such agreement is written or oral. The Photo Fund highly recommends, but does not require, a written agreement between the Member and the Photographer to protect both parties in the event a dispute arises.

THE PHOTO FUND DOES NOT GUARANTEE, DOES NOT MAKE ANY REPRESENTATIONS, AND IS NOT LIABLE FOR THE QUALITY OF WORK PROVIDED BY PHOTOGRAPHERS.

Summary: All money contributed to the Registry will be transferred to the Photographer, except in the event of a Refund Circumstance. You are responsible for paying your Photographer even if the Goal of the Registry is not reached. The relationship between you and your Photographer is governed by the contract between you two. Although The Photo Fund aims to connect Members to professional photographers, we do not guarantee the quality of services provided by any Photographer.

Photographer Memberships

Photographers have the option to subscribe to a monthly membership (“Membership”) to be listed on our directory page. There are several types of Memberships, which offer various amenities at each cost level (“Membership Fee”), as described on our Website. The Photo Fund has the right to change Membership Fees in its sole discretion from time to time (such changes in Membership Fees only applying to future payments).  In electing to subscribe to a Membership, you, as a Photographer, hereby acknowledge that a Membership automatically renews and has a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Membership, which can be done through the Website, any Membership you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected.

In connection with your Membership, you (i) hereby authorize The Photo Fund to bill your Payment Instrument in the amount of the applicable Membership Fee in advance on a periodic date until you terminate such periodic payments by opting out of the Membership, (ii) accept responsibility for payment of all Membership Fees occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date).

Changes to or termination of a Membership will apply only after The Photo Fund receives notice of such change or termination. The Photo Fund does not provide refunds of any amounts received in connection with previously made Membership Fees.

Summary: As a Photographer, you may be listed our directory page by subscribing to a Membership package of your choosing. Once subscribed to a Membership, you authorize The Photo Fund to automatically bill your Payment Instrument monthly until you cancel the Membership.

Payments to Photographers

While The Photo Fund strives to forward payments to Photographers (“Photographer Payments”) promptly, you, as a Photographer, acknowledge and agree that Photographer Payments will neither be available to you for immediate use nor does The Photo Fund guarantee that payments will be available to you within any specific time frame. The Photo Fund expressly disclaims any and all responsibility for any delay or inability to access or use Photographer Payments at any specified time, and any consequences arising from such delay or inability. You, as a Photographer, are responsible for ensuring that the information you provide to The Photo Fund in order to process a payment, including your bank account information, is accurate and up to date.

The Photo Fund may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting the Photographer, which may comprise the entire amount donated to the Registry, in accordance with this Section 13 of the Terms of Use. The Photo Fund is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by The Photo Fund issuing refunds, including, but not limited to transaction or overdraft fees.

Summary: The Photo Fund works with third party payment processors and does not guarantee Photographer Payments will be transferred to Photographers within a certain time frame. We are not liable for any delays in transfers of Photographer Payments. Additionally, Photographer Payments are subject to our refund policy and The Photo Fund will not be liable for any damages caused by such refunds.

  1. Geographic Restrictions

The owner of the Website is based in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Summary: The Website is only to be used in the United States.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PHOTO FUND NOR ANY PERSON ASSOCIATED WITH THE PHOTO FUND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE PHOTO FUND NOR ANYONE ASSOCIATED WITH THE PHOTO FUND REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR THE SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE PHOTO FUND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Summary: The Photo Fund is not liable for any damage caused by a virus that may affect your computer. We do not make any representations regarding the security, reliability, quality, accuracy, or availability of the Website or Services. 

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE PHOTO FUND NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF THE PHOTO FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE (INCLUDING THE NEGLIGENCE OF THE PHOTO FUND), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE  PHOTO FUND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED (IN THE AGGREGATE) THE AMOUNT YOU HAVE PAID THE PHOTO FUND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Summary: The Photo Fund will not be liable for damages, and in any event our liability will be limited to the greater of the amount you have paid us in the last six months or $100.

  1. Indemnification

You agree to defend, indemnify, and hold harmless The Photo Fund, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Company Content, and the Services other than as expressly authorized in the Terms of Use, or your use of any information obtained from the Website.

Summary: You agree to indemnify The Photo Fund against damages arising out of your violation of the Terms of Use or use of the Website.

  1. Governing Law and Jurisdiction

All matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, in each case located in the City of Lincoln and County of Lancaster. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Summary: We are based in Nebraska, USA, and you will be governed by these laws, and any lawsuit under the Terms of Use will be brought in certain Nebraska courts.

  1. Arbitration

At The Photo Fund’s sole discretion, it may require you to submit any disputes arising from the Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nebraska law.

Summary: The Photo Fund may require you to submit disputes to binding arbitration, as opposed to a trial.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Summary: You must bring any claim against The Photo Fund within one year of its occurrence.

  1. Non-Solicitation

The Photo Fund posts user information on the Website so Contributors can locate the registries of friends and family. Although we maintain information on Members including names, email address, and other identifying information, the information we make public is purposefully limited to protect our users. No user or Photographer may utilize information made public, nor attempt to locate additional identifying information, to solicit any user or Member for any reason, including for photography services or other business purposes. The Photo Fund may suspend or terminate the account of and access to the Website for any person or entity that violates the Terms of Use.

Summary: You may not solicit Members for photography services or other business purposes.

  1. Miscellaneous

Waiver

No waiver by The Photo Fund of any term or condition set out in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Photo Fund to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Notices

To You

Notices to you may be made via either email or regular mail. The Photo Fund may also provide notices to you of changes to the Terms of Use or other matters by displaying notices or links to notices generally on the Website.

To The Photo Fund

The Photo Fund, LLC

PO Box 6

Cortland, NE 68331

 

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and The Photo Fund regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Headings and Summaries

The headings, section titles, and lay term summaries in the Terms of Use are for convenience only and have no legal or contractual effect.

Summary: Failure of The Photo Fund to enforce any of these provisions does not mean that we waive the ability to do so in the future. If any provision is found unenforceable, it will not affect the enforceability of the remaining provisions of the Terms of Use. The Terms of Use constitutes the entire agreement between you and The Photo Fund. Summaries, such as this one, are for your convenience and understanding only, they have no legal effect.

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