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TERMS OF SERVICE

THESE TERMS AND CONDITIONS OF SERVICE (“Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NATURE PHOTOGRAPHERS ONLINE MAGAZINE, INC. (“NPN”) governing your use of these websites, http://naturephotographers.net and http://www.photoportfolios.net (“Sites”). Please review these terms fully before you continue to use the Sites. By using the Sites, you agree to be bound by these Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Sites, which also govern your use of the Sites.

If you do not agree to these Terms, you are directed to discontinue using and accessing the Sites. NPN reserves the right to change these Terms at any time without prior notice. Your continued access or use of the Sites after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were last updated on January 1, 2004.

The Sites (including their operating source code) are owned by NPN. All of the content featured or displayed on the Sites, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer applications and codes (“Content”) is owned or licensed by NPN.

Your access and use of the Sites is at your risk. If you are dissatisfied with any of the Content contained in the Sites, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Sites.

Pursuant to the copyright and trademark laws of the United States, you agree:

  1. That you may only download a single copy of any Content, to a single computer, for personal and non-commercial use.
  2. Not to reproduce, distribute, modify, re-post on other websites or computer networks, or sell any Content without the express written consent of NPN.
  3. Not to transfer or store any Content residing or exchanged over the Sites in any electronic network for use by more than one user.
  4. To maintain any and all copyright or other proprietary notices embedded in (or attached to) any Content.
  5. Not to frame or mirror any portion of the Sites on any other websites or computer networks.
  6. That by posting or submitting any text, digital images and portfolios, or other materials to the Sites, you grant NPN a non-exclusive, worldwide, royalty-free, assignable, irrevocable, perpetual license for the worldwide use, display, and/or sublicense of such materials, for the sole purpose of authorizing NPN to post such text or other materials.
  7. To assume full and sole responsibility for any postings you make to the Sites.
  8. Not to collect or use any information about other users of the Sites.
  9. Not to engage in data extraction or data-mining.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Sites should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information to NPN’s designated agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NPN’s designated agent for notice of claims of copyright infringement on the Sites is its President who can be reached as follows:

By Mail:

Nature Photographers Online Magazine, Inc.
P.O. Box 1404
Patchogue, NY 11772
James Erhardt, President

By Fax: (631) 289-2369

By e-mail: editor@photoportfolios.net

The Sites (and all Content posted on the Sites) are provided to you “as is” and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Sites, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

NPN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that NPN’s maximum liability arising from any use of the Sites under any circumstances will be limited to the greater of (A) the amount of fees you paid to NPN during the twelve-month period immediately prior to the act (or omission) giving rise to the alleged liability, and (B) U.S. $100.00. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so NPN’s limitation or exclusion may not apply to you.)

IN NO EVENT WILL NPN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY CONTENT, OR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THESE SITE.

You acknowledge that due to the immediate nature of the Internet, NPN does not review, censor, approve, edit, or endorse information placed on the Sites by its users. NPN cannot and does not guarantee that inappropriate material will not be posted. NPN will endeavor to review user postings from time to time, and will take steps to remove inappropriate postings that come to its attention.

The Sites may provide links to other websites and resources. Because NPN has no control over such sites and resources, you acknowledge and agree that NPN is not responsible for the availability of such websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites and resources. You further acknowledge and agree that NPN shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.

All users shall use the Sites for lawful purposes only. You agree not to post or transmit through the Sites any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the Sites any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by NPN to do so.

Conduct by any user that (in the sole judgment of NPN) restricts or inhibits any other user from using or enjoying the Sites will not be permitted. NPN reserves the right (in its sole discretion) to refuse access to the Sites to any user for any reason (including a belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States).

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, NPN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless NPN and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys’ fees) resulting from any violation of these Terms. NPN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with NPN in asserting any available defenses.

Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) shall adjudicated exclusively in the federal or state courts located in Suffolk County, New York. This agreement, its validity and effect, shall be interpreted under and governed by the laws of New York, without regard to its conflict of laws provisions. Copyright claims shall be brought in a federal court located in Suffolk County, New York. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse NPN for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you.

These Terms (and any other operating rules or terms posted on the Sites) constitute the entire agreement between NPN and you, and supersede all previous written or oral agreements between us. No action (or inaction) by NPN may be construed as a waiver of these Terms (or any part). If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.

Your access to and use of the Sites, all Content, and all products and services of NPN (regardless of media) is subject to the terms, conditions, and disclaimers set forth below and from time to time throughout the Sites, and to all applicable laws and regulations. In addition, NPN reserves the right to terminate access to the Sites for any reason, and to take any other actions that NPN, in its sole discretion, believes to be in its interests and those of its users. NPN reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

By your acceptance of these Terms and use of the Sites, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with NPN (including your login and user profile).

Access to many pages on the Sites is limited to registered users, who are issued user names and passwords. Use of any password-protected area of the Sites is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to NPN resulting from the distribution of his (or her) password.

You are responsible for maintaining the confidentiality of your password. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to notify NPN immediately of any unauthorized use of your registration or password.

Your access to the Sites is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, NPN may terminate this license immediately at any time, at will and for the convenience of NPN. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Sites.

For any Content you submit (“Submissions”) to NPN, including profile information, postings on online forums, digital images and portfolios, and e-mail:

  1. You warrant that you own the right to utilize, to license, and to sublicense the Content and
  2. None of the Submissions will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of NPN. NPN will not be liable for any use or disclosure of any Submissions.

NPN and the Sites, and all Content contained on the Sites, are protected by United States trademark and copyright law and other applicable laws, and are the property of NPN (except as expressly identified on the Sites). All copyrights and trademarks not the property of NPN that are used (or referred to) in the Sites are the property of their owners. Nothing contained in the Sites shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of NPN or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorized use of Content or other materials on the Sites may violate the law, and will be a violation of these Terms.

You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Sites. You agree not to engage in use of the Sites that is unacceptable or illegal (as determined by NPN in its sole discretion). Specifically, you agree not to:

  1. Post or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities, or other unsolicited commercial communication.
  2. Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including NPN.
  3. Post or transmit any non-public information about companies.
  4. Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
  5. Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market.
  6. Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Sites or any other computer network.
  7. Print (or otherwise copy or use) any personally identifiable information about other users of the Sites.
  8. Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious code or program.
  9. Express or imply that any statements you make are endorsed by NPN.
  10. Restrict or inhibit any other user from using or accessing the Sites, including "hacking" or defacing any portion of the Sites.
  11. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites.
  12. Remove any copyright, trademark, or other proprietary rights notices contained in the Sites.
  13. Engage in any other activity deemed by NPN (in its sole discretion) to be in conflict with the spirit or intent of these Terms.

You understand that by accessing and using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.

Opinions and other statements expressed by users are theirs alone, and are not opinions of NPN. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by NPN. The Sites may provide links to other web pages, web sites, and various resources or locations on the Internet. NPN has no control over the information you access via such links, does not endorse that information, and is not to be responsible for it or for the consequences of your use of that information.

NPN does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the online forums or any other part of the Sites, except that (i) NPN may consolidate and edit for clarity any Content posted to online forums, (ii) NPN may inform registered users of particular content, ask for their response, or ask them to host discussions, and (iii) NPN reserves the right to monitor the Sites and to remove any information that NPN (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for NPN to monitor, screen, or edit Content on the Sites in any way.

The forums are designed to permit you to share your ideas and opinions. Information on the forums is provided by NPN’s staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with NPN. You acknowledge that a large volume of information is available in our Forums and that people participating in such forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. NPN neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other utterance made or displayed on the Sites or forums by third parties. The opinions expressed in the forums reflect solely the opinions of the participants and may not reflect the opinions of NPN. NPN is not responsible for any errors or omissions in postings in the forums, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will NPN be liable for any loss or damage caused by your reliance on such information obtained through the Sites or the online forums.

The portfolios are designed to create a vehicle for owners of digital content to show their property to prospective purchasers and licensees. NPN does not participate in any financial, business, or legal arrangements between its users. NPN derives no compensation from transactions between its users. NPN is not to be held liable for any reason relating to the introduction of users by means of the Sites, or any subsequent interaction between users.

When you use these Sites, NPN automatically tracks certain information about you. This information includes your domain name and IP address, your browser version, your operating system, the URL you came from, the pages you visit within the Sites, and the URL to which you go upon leaving the Sites. NPN uses this information, in an aggregate form only, to monitor the Sites’ performance, utilization of features and services, traffic trends, and browser version.

The Sites have security measures in place to protect the loss, misuse, and alteration of the information under NPN’s control. All information is stored on a secure server that is not accessible through the Internet.

Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communications and interaction with that website. NPN may use cookies to (i) customize your visitation experience, (ii) deliver Content consistent with your stated interests, (iii) provide you with custom-tailored Content, and (iv) to save your password (if you have registered with NPN) so that you do not have to re-enter it each time that you visit the Sites. By showing NPN how and when its users use the Sites, cookies also help NPN ascertain which areas are popular and which are not. Many improvements and updates to the Sites are based on data such as total number of visitors and pages viewed. Most browsers are initially set to accept cookies. You can, however, set your browser to refuse cookies.

NPN will never use cookies to retrieve information from your computer for purposes that are unrelated to the Sites.

By using the Sites, you consent to the collection and use of your information by NPN as described in these Terms.

NPN does not use, sell, rent, or exchange your personal information at the present time, but reserve the right to do so without notice. You may at any time prevent NPN’s use, sale, rental, or exchange of your personal and demographic information by “opting out” of specific mailing lists and services by e-mailing NPN at editor@photoportfolios.net.

Although NPN strives to protect the personal information and privacy of each user, NPN cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of World Wide Web sites on the Internet; (2) the limitation of security, privacy, and authentication measures and features in this Sites; and (3) the risk that data or information on the Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing unauthorized, damaging, or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient.

NPN is committed to the safety of children and to protecting the online privacy of children. Children under 18 may not purchase products on this Sites. If a child under 18 nonetheless elects to purchase products on the Sites, he (or she) should always ask a parent for permission before sending any personal or credit card information to the Sites, or sending personal information to anyone online. NPN will not request or knowingly collect from a child any personal information about the child or child’s family. NPN is not able to prohibit minors from visiting this Sites. NPN relies on parents, guardians, and those responsible for supervising children under the age of 18 to decide whether this Sites is appropriate for children to view.

NPN fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. NPN reserves the right to release information about users who NPN believes are in violation of these Terms. NPN also reserves the right to report to law enforcement agencies any activities that NPN believes to be unlawful.

Copyright © 2004 Nature Photographers Online Magazine, Inc. All materials contained in (and on) the Sites (including but not limited to the Content), and each of the Sites themselves, are copyrighted materials belonging exclusively to NPN, and are protected by federal copyright law and international treaties. NPN enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.