Miller's
Professional Imaging, Co./ Miller's, Inc.
Web Site Terms
of Use
Your use of the
Internet sites of Miller's Professional Imaging Co. / Miller's Inc., including Millerslab.com,
Millersalbums.com, Millersevents.com, and mpix.com (individually and
collectively the "Site") or any of the products or services offered
on those sites (collectively, the "Services") is subject to these
Terms of Use (these "Terms"). We may modify these Terms at any time
without notice to you by posting revised Terms on our Site. Your use of our
Site constitutes your binding acceptance of these Terms, including any
modifications that we make.
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 Miller's, 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.
Miller's 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.
Privacy Policy
All of the
information that we collect from you, such as registration and credit card
information, is subject to our privacy policy. Please click here to see our
full privacy policy.
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 Miller's,
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 Miller's 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 Miller's 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.
Indemnification
You hereby agree to
indemnify, defend and hold Miller's and all of our officers, directors, owners,
employees, agents, information providers, affiliates, partners, and licensors
(collectively, the "Miller's Parties") harmless from and against any
and all liability, losses, costs, and expenses (including attorneys' fees)
incurred by any Miller's 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.
Disclaimers
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.
Arbitration
Miller's 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 Miller's of your copyright
infringement claim in accordance with the following procedure. Miller's 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
c/o
Miller's
610
E.
By
phone: (800) 835-0603
By
fax: (620) 231-6783
By
email: dickc@millerslab.com
To be effective, the
notification must be in writing and contain the following information (DMCA, 17
U.S.C. 512(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 dickc@millerslab.com for purposes other
than communication about copyright claims may not be acknowledged or responded
to.
Miscellaneous
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,
Miller's 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 Miller's 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.