TERMS OF USE AGREEMENT FOR THE PICTURE PEOPLE WEBSITES

Please carefully read these Terms of Use before using The Picture People's websites located at www.picturepeople.com and www.smilestore.picturepeople.com (the "Websites"). If you disagree with anything you read in this Terms of Use Agreement, you should not access or use our Websites. Your use of our Websites represents your agreement to the terms below. If you are using our Websites on behalf of your employer (for example, if we have done company portraits or business card photos for your employer), then your employer is required to agree to these Terms of Use. You should also consult our privacy policy located at www.picturepeople.com/fp_privacy.asp. If you feel there is something in that policy that conflicts with these Terms of Use, the privacy policy governs.

User accounts and registration

By using the Websites, you allow The Picture People to verify information you post about yourself. You will be required to register on the Websites and provide current and accurate information on a registration form. You should update this information to ensure it remains current and accurate. If you provide information that is false on the registration form, we may suspend or terminate your account.

The registration process requires you to pick a user name and password, and you are responsible for maintaining their confidentiality. The Picture People will not assume liability for any loss or harm you might incur as a result of someone else using your password or account, with or without your knowledge.

Conduct and use of the Websites and services

Please understand that the Websites are intended for personal activities and noncommercial uses. You should not modify, copy or distribute any of the contents of the Websites without the permission of The Picture People. By using the Websites, you agree that you are older than 13 years of age and you agree not to do any of the following:

Use the Websites in a manner that damages or impairs any other party's use or enjoyment of the Websites
Attempt to gain unauthorized access to someone else's account
Attempt to assume the identity of some other person or convey to others that you are someone other than who you truly are
Transmit spam or bulk unsolicited communications through the Websites
Use anyone else's account without their permission
Collect or store personal data about other users
Register for a user account on behalf of someone other than yourself
Upload, post, transmit or share any private information of any third party, including phone numbers, email addresses, social security numbers, and credit card numbers
Solicit personal information from anyone under the age of 18 who might use the Websites
Solicit passwords or personal identifying information for any commercial use

You also should be aware that The Picture People reserves the right to disclose any information that it deems necessary in connection with any applicable law or regulation. We also reserve the right to block, filter or delete unsolicited emails.

Use of public forums

Please remember that any information disclosed on a public forum on the Websites becomes public information; be sure you understand the following important message:

THE PICTURE PEOPLE WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS AS NON-CONFIDENTIAL AND NON-PROPRIETARY. YOU ARE PERMITTED TO USE AN ALIAS WHEN POSTING PERSONAL INFORMATION ON MESSAGE BOARDS. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE INTERNET AND/OR USING A SEARCH ENGINE. YOUR DECISION TO USE YOUR REAL NAME IS SOLELY YOUR OWN.

Privacy policy

For the terms and conditions governing the use of personally identifiably information and for more information on how the Websites work, please refer to our Privacy Policy at www.picturepeople.com/fp_privacy.asp.

Feedback

You should understand that any information provided to The Picture People in connection with the Websites is deemed by us to be provided on a nonconfidential basis and will become our property. As such, we retain the right to reproduce, use or disclose submissions from customers.

Product and service charges

There are products and services provided by The Picture People on the Websites. If you purchase any of these products and services it is your responsibility to pay all charges including taxes, shipping, and handling costs.

Content provided via third party "links"

The Websites may provide links to other sites. Please understand that The Picture People cannot be responsible for the content or other information transmitted on any linked Websites. We provide these links as a convenience to our customers and not as an endorsement of these sites.

Intellectual property rights

The Picture People and its licensors retain the rights and interests to all images created by The Picture People and all the intellectual property rights associated therewith. This means, specifically, that you are not allowed to copy, transfer or distribute images created by The Picture People. All materials contained on the Websites are the copyrighted property of The Picture People. As a condition of use, you agree not to incorporate any Picture People trademarks in to your own trademarks, service marks, company names, internet addresses or other similar designations.

Notice for making claims of copyright infringement

The Picture People respects the intellectual property rights of third parties and will investigate any claims of copyright infringement under the Digital Millennium Copyright Act ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for the Websites:

Indemnity

You agree to indemnify and hold The Picture People harmless for any claim made by any third party relating to your use of our Websites, including any use by your employees or any other person accessing the Websites as your invitee by using your user account.

Disclaimers

As with any legal document, there are certain disclaimers of which you need to be aware. These are summarized as follows:

You use the Websites at your own risk and take the products and services available on the Websites on an "as is" basis. The Picture People makes no promises or guarantees as to the quality or accuracy of the contents of the Websites or its services
The Picture People cannot guarantee that the Websites will be secured from viruses or will not be interrupted
The Picture People makes no promises about how quickly any problems with the Websites may be corrected
The Picture People reserves the right to make changes to the Websites at its discretion

Termination of the agreement

You are free to terminate this agreement at any time by providing a written request. We reserve the right, in our discretion, to suspend your access to the services, with or without notice, for the following reasons:

Inactivity for an extended period of time
A breach of any material provision of this agreement

The effect of the termination means your account and your right to access the Websites immediately ceases. You remain responsible for all fees and obligations incurred prior to the time of termination. Your obligations concerning the use, distribution, or reproduction of materials remain in effect as set forth in this agreement.

Governing law

This agreement and your use of the Websites will be controlled by U.S. federal law. You agree to submit to the personal and exclusive jurisdiction of the courts of the state of Texas. If you access the Websites from outside the United States, you are responsible for compliance with local laws.

Notice and modifications

The Picture People may provide notice to you via email, regular mail, or posting notices through the Websites. No modification of this agreement is binding unless it is in writing and signed by an authorized representative of The Picture People.

Right to injunctive relief

You agree that any violation by you of the obligations concerning the reproduction or distribution of material on the Websites will entitle The Picture People to an injunction to prevent that conduct. You agree that The Picture People need not post a bond in order to obtain that type of relief.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PICTURE PEOPLE, ITS AFFILIATES AND ANY OTHER OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, EVEN IF THE PICTURE PEOPLE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITES OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PICTURE PEOPLE'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES FOR ANY CLAIMS ARISING OUT OF THE USE OF THIS WEBSITES OR THE SERVICES IS LIMITED TO $100. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.