Millerís Professional Imaging, Co./ Miller's, Inc.
Some of the Services may be subject to additional posted conditions. For example, if you are purchasing images from one of our Sites, you will be subject to our Terms of Service for Purchasers of Photographs. Similarly, if you are a Photographer selling your images through the Site, you will be subject to our Terms of Service for Photographers.† Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
Except to the extent that you may have greater rights in a separate signed or online agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
∑ Restrict, suspend, or terminate your access to all or any part of our Services;
∑ Change, suspend, or discontinue all or any part of our Services;
∑ Refuse, move, or remove any material that you submit to our Site for any reason;
∑ Refuse, move, or remove any content that is available on our Site;
∑ Deactivate or delete your accounts and all related information and files in your account;
∑ Establish general practices and limits concerning use of our Site.
∑ You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You may not be able to opt out of receiving these messages.
Content on our Site
Our Site include a combination of content that we create, that our photographers create, and that our users and other customers create. All materials published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our photographers or partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, except as permitted in a separate signed or online agreement with you.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Site ("Your Content"). You certify that you own all intellectual property rights in Your Content.
Our Site contains content that we create as well as content provided by third parties. This content may include, among other things, company information, and product or service information or reviews. It may also include information about products and services offered by parties other than Millerís, such as product/service descriptions, offerings, store locations, coupons, and promotions. We do not guarantee the accuracy, the integrity, the completeness, or the quality of the content on our Site, and you may rely on any of this content only at your own risk. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of our Site.
Although we take measures to control the content on our site, you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third-party sites, products, and Services
Our Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
Millerís Fee-based Services
Some of the Services or photos or other products we offer may require you to pay a charge or fee, as described in the specific conditions included where those items are offered. In such a case, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Your Conduct on Our Site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our Site and the Services is the property of Millerís, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or the Services. You agree not to modify the software underlying our Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Site.
Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions:
∑ Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
∑ Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
∑ Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, any software or hardware, or telecommunications equipment;
∑ Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
∑ Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
∑ Download any file that you know or reasonably should know cannot be legally obtained in such manner;
∑ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
∑ Restrict or inhibit any other user from using and enjoying any public area within our Site;
∑ Collect or store personal information about other end users;
∑ Interfere with or disrupt our Site, servers, or networks;
∑ Impersonate any person or entity, including, but not limited to, a Millerís representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
∑ Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
∑ Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
∑ Engage in any illegal activities.
You agree to use any available bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our Site, deny you access to our Site, or any combination of these options.
Unauthorized access to our Site is a breach of these Terms and a violation of the law. You agree not to access our Site by any means other than through the interface that is provided by Millerís for use in accessing our Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Site, except those automated means that we have approved in advance and in writing.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
You hereby agree to indemnify, defend and hold Millerís and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Millerís Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Millerís Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
∑ Your use of our Site;
∑ Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
∑ The content, the quality, or the performance of content that you submit to our Site;
∑ Your connection to our Site;
∑ Your violation of these Terms; or
∑ Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Except to the extent that you may have greater rights in a separate signed or online agreement with us: (a) we disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material; (b) we disclaim any responsibility for any harm resulting from downloading or accessing or using any photos, information or material obtained from our Site; (c) we disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR NOR PHOTOGRAPHERS OR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Millerís may elect to
resolve any controversy or claim arising out of or relating to these Terms or
our Site by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in
Infringement Claims/Copyright Agent
If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify Millerís of your copyright infringement claim in accordance with the following procedure. Millerís will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
By mail:††††††††††† Dick Coleman
By phone:†††††††† (800) 835-0603
By fax:††††††††††††† (620) 231-6783
By email:††††††††† firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ß512(c)(3)):
∑ Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
∑ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
∑ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
∑ Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
∑ A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
∑ A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to email@example.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the Vice President, Millerís Professional Imaging, 610 E Jefferson, Pittsburg, KS† 66762.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all other online or written agreements, terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Millerís and govern your use of our Site, and, except as specifically set forth herein, superseding any prior agreements that you may have with us.
These Terms shall be
construed in accordance with the laws of the State of
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or 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 Terms shall continue in effect.