Mad River Photo Company terms and conditions

Welcome! MadRiverPhotoCompany.com provides users with a fun, safe and easy way to process, print, digitize, and share their photographs. However, before you enter the MadRiverPhotoCompany.com site (the "Site") or use any of the MadRiverPhotoCompany.com services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. We suggest that you periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them, and that you also accept the Customer Agreement between you and Mad River Photo Company, also known as MadRiverPhotoCompany.com. Acceptance of the Terms and of the Customer Agreement creates a binding legal agreement between you and Mad River Photo Company that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service.

Eligibility Criteria and Representations. You hereby represent that the following are all true:
You are at least 18 years old. If You are not at least 18 years old, please discontinue using the MadRiverPhotoCompany Site and the MadRiverPhotoCompany Services immediately.
You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
You have the right to display each and every item of content (whether images, links, documents, “Skins”, or files – “content”) which You have released to the MadRiverPhotoCompany Site, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon.

I. Terms of Use. The MadRiverPhotoCompany.com Service is available to you if you submit certain requested information to Mad River Photo Company, including (but not limited to) your name and correct email address. In addition, by using the Service, you agree to provide Mad River Photo Company with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).

You hereby release, discharge and agree to save harmless Michael A. Dixon / Mad River Photo Company, his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or recomposite form whether intentional or otherwise, that may occur or be produced in the processing of your photograph(s), including without limitation any claims for libel or invasion of privacy.

You hereby affirm that you are over the age of majority and have the right to contract in your own name.

A condition of use is your "Active Participation" in the Service. Active participation in the service is defined as having your photos posted online, or purchasing photo merchandise (reprints, enlargements, Photo CDs and gifts) through the Site at least once every 180 days. If your account is inactive for a period of over 180 days, Mad River Photo Company may, at its option, remove and discard any content, including but not limited to any and all information, communications, postings, albums, image files or any other content within the Service. Please refer to "Termination" for more terms affecting your account.

Mad River Photo Company reserves the right to refuse service to anyone at anytime for any reason. Uploaded files to the Mad River Photo Company site does not contractually obligate Mad River Photo Company in any way to perform any type of service to those images.

II. Developing and digitization services. One of the benefits of MadRiverPhotoCompany.com is that you are entitled to take advantage of our printing and digitization services, along with other special offers that we may make to our members from time to time.

III. Digital Image Storage. MadRiverPhotoCompany.com offers 90-day storage of any unpaid (spec) photos posted online to your MadRiverPhotoCompany.com account, as well as any digital photos that you upload to your account.
Please refer to the section "Termination" for more terms affecting the storage of digital images.

IV. Conduct. We are committed to ensuring that our Service remains a fun and safe place to process, print, digitize, store and share photographs and other content. Users are encouraged to use the Service to view creative material, including (without limitation) film, photographs, digital images, links, and comments (the "Content"). To this end, we require that every user of the Service agrees not to use this Service to process, digitize, post, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:
a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the MadRiverPhotoCompany.com Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.

Mad River Photo Company has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Mad River Photo Company does not and will not examine and review all Content submitted or transmitted to the Service, Mad River Photo Company has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Mad River Photo Company in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Mad River Photo Company (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

You may not and may not allow any third party to:
modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the MadRiverPhotoCompany Software or any portion of the MadRiverPhotoCompany Site or the MadRiverPhotoCompany Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
copy or distribute the MadRiverPhotoCompany Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), rent, lease, use the MadRiverPhotoCompany Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the the MadRiverPhotoCompany Software unless You inform legal at MadRiverPhotoCompany.com of Your commercial purpose prior to such use;
use the MadRiverPhotoCompany Software in any manner that could damage, disable, overburden, or impair MadRiverPhotoCompany's Service or another user's use of the MadRiverPhotoCompany Service;
remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the MadRiverPhotoCompany Site, MadRiverPhotoCompany Service, MadRiverPhotoCompany code emendable or embedded on a third party web site and/or the MadRiverPhotoCompany Software and You shall reproduce such Notices exactly on all permitted copies of the MadRiverPhotoCompany Software;
collect any information about other users or members (including usernames and/or email addresses) for any purpose;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as “spam,” to other users or members of the MadRiverPhotoCompany Site and/or MadRiverPhotoCompany Service or otherwise interfere with other user's or member's enjoyment of the MadRiverPhotoCompany Site and/or MadRiverPhotoCompany Service;
submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by MadRiverPhotoCompany;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
use the MadRiverPhotoCompany Site or MadRiverPhotoCompany Services to violate the security of any computer network or transfer or store illegal material.

V. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.

VI. Third Party Software. As a convenience to our users, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

By downloading third party software, you acknowledge and agree that Mad River Photo Company does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Mad River Photo Company makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Mad River Photo Company (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

VII. Privacy Policy. We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

VIII. Copyright
What You License to Mad River Photo Company:
When you use our Service, you become a participant in an online community of people who enjoy viewing and sharing photographs. In order for us to make your photos available to you and your invitees, as well as to use images to offer you our special variety of online services, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms, of course). Accordingly, as a condition of use, you hereby grant Mad River Photo Company a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, including photographs of you taken by any MadRiverPhotoCompany photographers at any location, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service and as a condition of use, you represent and warrant to Mad River Photo Company that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. You also agree to the Service's additional Copyright Policy. MadRiverPhotoCompany grants permission to you to download any paid animated GIFs, videos, and digital photos of you created by us, to post or place any way that you choose i.e. to post on social media, use in your emails, share on devices, et cetera.

Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that Mad River Photo Company is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Mad River Photo Company has the absolute right to terminate your account or exclude you from the Site if you use the Service to violate the intellectual property rights of third parties.

IX. IndemnityCopyright_Policy.html Indemnity. You agree to indemnify and hold MadRiverPhotoCompany (and any employee, officer, director, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE or affiliate of MadRiverPhotoCompany) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to the MadRiverPhotoCompany Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted on the MadRiverPhotoCompany Site by you ((INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) and/or including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against MadRiverPhotoCompany or any MadRiverPhotoCompany Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the MadRiverPhotoCompany Software or the MadRiverPhotoCompany Service.
Rights of MadRiverPhotoCompany/Exculpation of MadRiverPhotoCompany. By using the MadRiverPhotoCompany Software, the MadRiverPhotoCompany Service and/or the MadRiverPhotoCompany Site, You acknowledge and agree,
MadRiverPhotoCompany does not claim any copyright or other ownership in any material or content uploaded by You through the MadRiverPhotoCompany Site (other than solely to provide the MadRiverPhotoCompany Service to You and others, to market the MadRiverPhotoCompany Service and/or the MadRiverPhotoCompany Site, to illustrate the operation of the MadRiverPhotoCompany Service and/or the MadRiverPhotoCompany Site, simply because You have uploaded it on to the MadRiverPhotoCompany Site. You are solely responsible for protecting your own content from loss.
MadRiverPhotoCompany has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded onto the MadRiverPhotoCompany Service may be deleted at such time without notice to You.
MadRiverPhotoCompany has the right to make changes to this Agreement, its Privacy Policy, its Copyright Policy or the MadRiverPhotoCompany Service at any time without prior notice. Such modifications will be effective no later than the time such the new terms are posted or otherwise implemented on the MadRiverPhotoCompany Site, and may, in certain circumstances, be retroactive.
MadRiverPhotoCompany and its licensors own and retain all proprietary rights in the MadRiverPhotoCompany Site, the MadRiverPhotoCompany Services, and all associated software, content and material. The MadRiverPhotoCompany Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the MadRiverPhotoCompany Site or MadRiverPhotoCompany Services in whole or in part without the express written agreement of MadRiverPhotoCompany. Except as expressly provided herein, MadRiverPhotoCompany and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services, such ideas automatically become the property of MadRiverPhotoCompany, and You automatically forfeit Your right to the intellectual property of these ideas. If You intend to own the intellectual property rights of Your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please send a message to ideasubmission at MadRiverPhotoCompany.com and describe ONLY the general application – do not submit Your concepts to MadRiverPhotoCompany or its employees through any other medium. Please note that a legal agreement may be required by MadRiverPhotoCompany in order to evaluate Your concept(s).
MadRiverPhotoCompany has no responsibility for the statements in any message, content or other material posted on or through the MadRiverPhotoCompany Site by any user. If MadRiverPhotoCompany receives notice that an item on the MadRiverPhotoCompany Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting, and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that MadRiverPhotoCompany cannot evaluate or remove such items immediately. MadRiverPhotoCompany HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY MadRiverPhotoCompany FOR ANY REASON OR FOR NO REASON AT ALL.
If You believe that any material on the MadRiverPhotoCompany Site constitutes an Infringing Posting or a Prohibited Posting, please notify MadRiverPhotoCompany as soon as possible by sending an email to abuse at MadRiverPhotoCompany.com. Please also see our Copyright Policy.
MadRiverPhotoCompany is exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited. By using the MadRiverPhotoCompany Service, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.
MadRiverPhotoCompany reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. MadRiverPhotoCompany may log all internet protocol addresses accessing the MadRiverPhotoCompany Site and other information about users' access, and maintain backup copies of content indefinitely.
MadRiverPhotoCompany may collect and collate a variety of information regarding the use of the MadRiverPhotoCompany Site, MadRiverPhotoCompany Software, or MadRiverPhotoCompany Service by You or by people who use the MadRiverPhotoCompany Service through Your web site, watch your content through the MadRiverPhotoCompany Service on third-party web sites, or visit social network pages on which you have installed SNS Apps, and may cause the MadRiverPhotoCompany Software to communicate to MadRiverPhotoCompany information about its offline operations. MadRiverPhotoCompany is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy.
MadRiverPhotoCompany uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the MadRiverPhotoCompany Site or collected by MadRiverPhotoCompany in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
The MadRiverPhotoCompany Site, MadRiverPhotoCompany Software or MadRiverPhotoCompany Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
The MadRiverPhotoCompany Site, MadRiverPhotoCompany Software or MadRiverPhotoCompany Service may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites., and such web sites. are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the MadRiverPhotoCompany Site, the inclusion of a MadRiverPhotoCompany Widget on a third party's web site, or the incorporation of a SNS App or other piece of MadRiverPhotoCompany Software on a third party's web site or within a third party's system does not imply approval or endorsement of that web site by us. If you decide to access or post a MadRiverPhotoCompany Widget, SNS App or other piece of MadRiverPhotoCompany Software on these third-party web sites., you do so at your own risk.

X. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. Mad River Photo Company WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR FILM(S), PRINT(S) OR NEGATIVE(S) ARE DAMAGED, LOST OR NOT RETURNED, YOU AGREE TO ACCEPT A FULL REFUND OF THE PURCHASE PRICE AND AN EQUIVALENT AMOUNT OF UNEXPOSED FILM FOR SUCH FILM AS YOUR SOLE AND EXCLUSIVE REMEDY AND AS THE LIMITS OF OUR LIABILITY, AND ANY RECOVERY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES IS EXCLUDED.
MadRiverPhotoCompany AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE MadRiverPhotoCompany SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
POTENTIAL UNAVAILABILITY. THE MadRiverPhotoCompany SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. MadRiverPhotoCompany SHALL NOT BE LIABLE FOR ANY FAILURE OF THE MadRiverPhotoCompany SOFTWARE, MadRiverPhotoCompany SITE OR MadRiverPhotoCompany SERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND MadRiverPhotoCompany'S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT MadRiverPhotoCompany SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
LIMITATION OF LIABILITY. MadRiverPhotoCompany AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MadRiverPhotoCompany's at AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MadRiverPhotoCompany FOR THE MadRiverPhotoCompany SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT MadRiverPhotoCompany IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using MadRiverPhotoCompany Software or MadRiverPhotoCompany Services. Consult your physician prior to using the MadRiverPhotoCompany Software or MadRiverPhotoCompany Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the MadRiverPhotoCompany Software or MadRiverPhotoCompany Services immediately if you experience any such symptoms

(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Mad River Photo Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Mad River Photo Company MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. Mad River Photo Company MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE MadRiverPhotoCompany.com SITE OR THAT ARE ADVERTISED ON THE MadRiverPhotoCompany.com SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

XI. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, Mad River Photo Company WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

XII. Termination
Unless terminated by MadRiverPhotoCompany, this Agreement will remain in full force and effect while You use the MadRiverPhotoCompany Software, MadRiverPhotoCompany Site and/or MadRiverPhotoCompany Software or MadRiverPhotoCompany Services. Subject to the last sentence of this Section, You may terminate this Agreement at any time by deleting the MadRiverPhotoCompany Software from Your computer and from any social networking site or other web site on which you have installed any MadRiverPhotoCompany Software and ceasing to use the MadRiverPhotoCompany Software or MadRiverPhotoCompany Service. MadRiverPhotoCompany may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the MadRiverPhotoCompany Software. MadRiverPhotoCompany shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.
THIRD PARTY NOTICES AND LICENSES In order to use the MadRiverPhotoCompany Service, You may have to download a Flash Player from Adobe Systems Incorporated. Use of the Flash Player is subject to Adobe's Terms of Service. See http://www.adobe.com/misc/copyright.html Mapping services may use software and other information from Google Maps (See Google Maps' Terms of Service), Yahoo Maps (see Yahoo Maps' Terms of Service) and/or www.geonames.org.
You agree and acknowledge that Mad River Photo Company, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by Mad River Photo Company elsewhere on the Site;
b. Conduct that Mad River Photo Company believes is harmful to other MadRiverPhotoCompany.com users, the business of Mad River Photo Company, or other third party information providers;
c. Failure to continue Active Participation; and
d. Conduct that violates the letter or spirit of these Terms.

Further, you agree that Mad River Photo Company shall not be liable to you or any third-party for any termination of your access to the Service.

XIII. Choice of Law
The state and federal courts of Connecticut shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of Connecticut.
XIV. Modification of Terms
You agree that Mad River Photo Company reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Mad River Photo Company shall be prospective only.

XV. Entire Agreement
These Terms constitute the entire agreement between you and Mad River Photo Company and govern your use of the Service, superseding any prior agreements between you and Mad River Photo Company. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of Mad River Photo Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
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 the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XVI. Reporting Violations

You can report abuse of these Terms to Customerservice_2022 at MadRiverPhotoCompany dot com

MISCELLANEOUS
Privacy. In addition to the terms of this Agreement, You should be aware that use of the MadRiverPhotoCompany Site and/or the MadRiverPhotoCompany Service is also governed by our Privacy Policy. Acceptance of this Agreement constitutes acceptance of MadRiverPhotoCompany's acceptable use policy for content posted on the MadRiverPhotoCompany Site, MadRiverPhotoCompany's Privacy Policy, MadRiverPhotoCompany's Copyright Policy, and any notices regarding the MadRiverPhotoCompany Site, as such policies or notices may be amended from time to time.
Disputes. You agree that any dispute relating to your use of the MadRiverPhotoCompany Site, MadRiverPhotoCompany Software and/or MadRiverPhotoCompany Service shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Connecticut, County of New Haven, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
International Use. MadRiverPhotoCompany makes no representation that the MadRiverPhotoCompany Software is appropriate or available for use in locations outside the United States, and accessing it from territories where the MadRiverPhotoCompany Software or any feature of the MadRiverPhotoCompany Services and/or MadRiverPhotoCompany Site is illegal is prohibited. Those who choose to access this web site (or any other web site on which MadRiverPhotoCompany Software is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. The MadRiverPhotoCompany Software may be further subject to United States export controls. No MadRiverPhotoCompany Software may be downloaded from the MadRiverPhotoCompany Site or through the MadRiverPhotoCompany Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the MadRiverPhotoCompany Software is at your sole risk.
No Third Party Beneficiaries. This Agreement is between You and MadRiverPhotoCompany. No user has any rights to force MadRiverPhotoCompany to enforce any rights it may have against any You or any other User.
MadRiverPhotoCompany is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user's choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the web site located at https://MadRiverPhotoCompany.com, and any linked pages or applications owned and operated by MadRiverPhotoCompany.

Additional Customer Agreement:

I understand that I am under no obligation to purchase any optional prints, photographs, or enlargements.I understand that I can only view these digital proofs online at https://madriverphotocompany.com. I understand that I, or those whom I specifically designate, will be the only person(s) able to view my photos on the internet using the passcode provided to me at the time of the sitting.

I understand that an "email-size photo* is usually 72 d.p.i, and approximately 400 X 400 pixels or larger.

This page last modified on: February 4, 2017