TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Welcome to the Maryland Photography Alliance website ("Site"). This site is presented to you by

the Maryland Photography Alliance. The Maryland Photography Alliance maintains this Site to provide

general information to our visitors. All use of this Site is subject to the following terms

and conditions ("Terms of Use"). The Maryland Photography Alliance reserves the right to

update these Terms of Use at any time with or without notice to you. By accessing and

browsing this Site, you agree to be bound by these Terms of Use.

 

Certain Features Subject to Other Terms. Some of the features offered through this

Site may be subject to terms of use, rules and policies in addition to or in lieu of these

Terms of Use. If you choose to use any of those features, you agree that your use

thereof will be subject to such additional or separate terms of use, rules and/or policies,

as applicable.

 

Copyright. This Site, including all text, images, software and other content contained

herein, is the property of the Maryland Photography Alliance or its suppliers and is protected by

United States and international copyright laws. The compilation and arrangement of all

content on this Site is the exclusive property of the Maryland Photography Alliance and is

protected by United States and international copyright laws. All rights reserved.

 

Trademarks. All of the Maryland Photography Alliance's marks, graphics, logos, designs and

trade names used and displayed on this Site are service marks or trademarks of the

Maryland Photography Alliance and are the sole and exclusive property of the Maryland Photography Alliance.

The "look and feel" of this Site constitutes proprietary trade dress of the Maryland Photography Alliance. All

other trademarks not owned by the Maryland Photography Alliance that appear on this Site are the property of their respective owners. You may not use any such marks for any purpose whatsoever without the express

prior written permission of the owner.

 

Use of Site; Restrictions. You may view and print material displayed on this Site

subject to the following conditions: (a) the materials may be used solely for your own,

personal information and not for commercial use; and (b) you must retain without

modification all copyright, trademark and other proprietary notices affixed to or

contained in the materials you print and all copies thereof. You may not copy or

otherwise use this Site or any portion hereof, except as expressly provided above. You

may not republish, frame, or otherwise exploit, modify, alter, reverse engineer or

prepare derivative works from this Site or any portion hereof, except with the express

prior written permission of the Maryland Photography Alliance. Use of data mining, robots and

similar data gathering and extraction tools is expressly prohibited. Links to this Site may

not be made to any page other than the home page of this site (i.e., no deep linking)

without the express prior written permission of the Maryland Photography Alliance. Nothing

contained in this Site shall be construed as conferring by implication, estoppel or

otherwise any license or right under any copyright, patent, trademark or other

proprietary interest of the Maryland Photography Alliance or any third party. Any rights not

expressly granted herein are reserved.

 

Registration. In order to access certain features of this Site you may be required to

register and obtain a unique username and password. In connection with any such

registration, you agree to: (a) provide true, accurate, current and complete information

about yourself as prompted by the registration form; and (b) maintain and promptly

update such information to keep it true, accurate, current and complete. If you provide

any information that is untrue, inaccurate, not current or incomplete, the Maryland Photography Alliance

has the right to suspend or terminate your account and refuse any and all

current and future use of this Site or any portion hereof. 

You are solely responsible for maintaining the strict confidentiality of your username and

password and for any charges, costs, expenses, damages, liabilities and losses you or

the Maryland Photography Alliance may incur or suffer as a result of your failure to do so.

Furthermore, you are entirely responsible for any and all activities that occur under your

username and password and for ensuring that use of your account complies fully with

these Terms of Use. To reduce the risk that others will gain unauthorized access to

your account, you must ensure that you "log out" from your account at the end of each

session. You further agree to immediately notify the Maryland Photography Alliance of any

unauthorized use of your account or any other breach of security. You may not use

anyone else's account, at any time, without the permission of the account holder.

 

No Rendering of Advice. The information contained in or made available through this

Site is provided for informational purposes only and should not be construed as

rendering professional advice of any kind. Your use of this Site does not give rise to a

client, advisory, fiduciary or professional services relationship between you and the

Maryland Photography Alliance.

 

Accuracy of Information. While the Maryland Photography Alliance uses reasonable efforts to

furnish accurate and up-to-date information, the Maryland Photography Alliance does not warrant

that any information contained in or made available through this Site (including, without

limitation, any information provided directly by representatives of the Creative Photography

Society or periodically through our other communications) is accurate, complete, reliable,

current or error-free. The Maryland Photography Alliance assumes no liability or responsibility for

any errors or omissions in the content of this Site or such other materials or communications.

 

Disclaimer of Warranties and Limitations of Liability. THIS SITE IS PROVIDED BY

THE MARYLAND PHOTOGRAPHY ALLIANCE ON AN "AS IS" AND "AS AVAILABLE" BASIS.

USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT

PERMISSIBLE BY APPLICABLE LAW, THE MARYLAND PHOTOGRAPHY ALLIANCE AND ITS

AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE

MARYLAND PHOTOGRAPHY ALLIANCE AND ITS AFFILIATES AND SUPPLIERS MAKE NO

REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION

OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,

PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS

SITE. THE MARYLAND PHOTOGRAPHY ALLIANCE DOES NOT WARRANT THAT THIS SITE

WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS.

THE MARYLAND PHOTOGRAPHY ALLIANCE AND ITS AFFILIATES AND SUPPLIERS WILL NOT

BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN

CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO,

DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES

(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR

USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS

OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF

WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED

REMEDY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF

THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Links to Third Party Websites. For your convenience, this Site may provide

hyperlinks to websites and servers maintained by third parties. The Maryland Photography Alliance

 does not control, evaluate, endorse or guarantee content found in such

sites. The Maryland Photography Alliance does not assume any responsibility or liability for the

actions, products, services or content of such sites or the parties that operate them.

You should carefully review their privacy statements and conditions of use. Your use of

such sites is entirely at your own risk.

 

Feedback and Other Submissions. All comments, feedback, suggestions, ideas and

similar submissions furnished to the Maryland Photography Alliance in connection with your use

of this Site shall be deemed assigned to and shall remain the property of the Maryland Photography Alliance.

 No such submissions shall be subject to any obligation of confidence on

the part of the Maryland Photography Alliance, and the Maryland Photography Alliance shall be entitled to

unrestricted use and disclosure of such submissions throughout the world for any

purpose whatsoever, commercial or otherwise, without any obligation to compensate

you for such use or disclosure. You represent that you have the lawful right to furnish

such submissions to the Maryland Photography Alliance and agree that you will not submit any

information unless you are legally entitled to do so.

 

Termination or Suspension of Access; Modifications to Site. The Maryland Photography Alliance

 reserves the right to terminate, suspend or otherwise restrict your access to

this Site, or any portion hereof, with or without notice at any time for any reason

whatsoever including, but not limited to, your violation of these Terms of Use or any

inappropriate or unlawful behavior on your part. In addition, the Maryland Photography Alliance

reserves the right to modify or discontinue this Site or any portion hereof at any time

with or without notice. The Maryland Photography Alliance shall not be liable to you or any third

party for any such termination, suspension, restriction, modification or discontinuance.

 

Dispute Resolution. Any controversy or claim arising out of or relating to these Terms

of Use or the breach hereof, or otherwise arising out of or relating to your use of the Site

shall be settled by arbitration administered by the American Arbitration Association, and

judgment on the award rendered by the arbitrator may be entered in any court having

jurisdiction thereof. The arbitration shall be decided by one (1) arbitrator, who shall be

an attorney having experience and familiarity with information technology disputes.

The language of the arbitration shall be English. The place of the arbitration shall be

Baltimore, Maryland, USA. The arbitrator may award to the prevailing party, if any, as

determined by the arbitrator, its costs and expenses, including attorneys’ fees. Except

as may be required by law, neither a party nor an arbitrator may disclose the existence,

content, or results of any arbitration hereunder without the prior written consent of both

parties. To the fullest extent permitted by applicable law, no arbitration hereunder shall

be joined to an arbitration involving any other party subject to these Terms of Use,

whether through class arbitration proceedings or otherwise. Each party hereby waives

its right to a trial by jury for any disputes between the parties.

Notwithstanding the foregoing, nothing in these Terms of Use shall preclude the

Maryland Photography Alliance, at its sole option, from bringing proceedings before the courts of

any competent jurisdiction, for interim or conservatory measures, including but not limited

to a temporary restraining order, temporary injunction, permanent injunction and/or order

of specific performance, to enforce its intellectual property and propriety rights. Each

party hereby irrevocably (i) submits to the exclusive jurisdiction of the federal and state

courts of the State of Maryland, (ii) waives any objection which it may have at any time to

the laying of venue of any proceedings brought in such courts, and (iii) waives any claim

that such proceedings have been brought in an inconvenient forum.

 

Indemnification. You agree to indemnify and hold harmless the Maryland Photography Alliance,

its affiliates and suppliers, and each of their respective directors, officers, employees

and agents, from any claim or demand (including but not limited to reasonable

attorneys’ fees) made by any third party due to or arising out of or in connection with

any materials you submit, post, transmit or make available through the Site, your use of

the Site, your violation of these Terms of Use, your violation of any rights of another or

any use of your account. For purposes of these Terms of Use, “suppliers” means all

parties retained by the Maryland Photography Alliance to provide or maintain any portion of the

Site, including but not limited to any third party content providers.

 

Applicable Laws; Exclusive Jurisdiction. The Maryland Photography Alliance controls this

Site from Glen Burnie, Maryland, USA. The Maryland Photography Alliance makes no

representation that this Site or any content on or accessed through this Site is

appropriate or available for use in other jurisdictions. You are responsible for

compliance with all local laws and regulations, as applicable. Use of this Site and any

dispute arising therefrom shall be governed by the laws of the State of Maryland, USA,

without regard to principles of conflict of laws. The parties hereby agree to waive and

opt-out of any application of the Uniform Computer Information Transactions Act

(UCITA), or any version thereof, adopted by any State in any form. SUBJECT TO THE

DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION

OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE

OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A

STATE OR FEDERAL COURT LOCATED IN THE STATE OF MARYLAND, AND YOU

EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

 

Modifications. The Maryland Photography Alliance reserves the right to modify these Terms of

Use at any time upon posting. By continuing to use this Site after any changes are

posted, you acknowledge your acceptance of the revised terms and conditions. Please

visit this page regularly to review the then-current terms and conditions to which you are

bound, which shall be effective as of the date set forth in the then-current terms and

conditions.

 

Consent to Electronic Delivery of Notices. To the extent the Maryland Photography Alliance is

required to provide you with any notices, agreements or other information regarding the

Site, you agree that the Maryland Photography Alliance may deliver such information

electronically, including without limitation posting notices on the home page of the Site.

To withdraw your consent to receive notices electronically, you must give notice to the

Maryland Photography Alliance and discontinue your use of the Site.

 

 

Privacy. Please review our Privacy Policy which also governs your visit to the Site and is incorporated herein by reference, to understand our practices.

 

Miscellaneous. These Terms of Use, including any specific guidelines or rules posted

by the Maryland Photography Alliance from time to time, constitute the entire agreement between

you and the Maryland Photography Alliance with respect to your access to and use of the Site

and supersede any prior agreements, whether written or oral, between you and the

Maryland Photography Alliance with respect to the subject matter hereof. Notwithstanding the

foregoing, you also may be subject to additional or separate terms of use, rules and/or

policies that may apply when you use certain features made available through this Site.

If there is a determination that any provision of these Terms of Use is invalid or

unenforceable under applicable law, that determination will not affect the rest of these

Terms of Use, and these Terms of Use shall be deemed amended to the minimum

extent necessary to make them valid and enforceable. The failure of the Creative Photography

Society to exercise or enforce any right or provision of these Terms of Use shall not

constitute a waiver of such right or provision. Regardless of any statute or law to the

contrary, any claim or cause of action against the Maryland Photography Alliance arising out of or

related to use of this Site or under these Terms of Use must be filed within one (1) year

after such claim or cause of action arose or be forever barred. The section titles in

these Terms of Use are for convenience only and have no legal or contractual effect.

 

Minors. This Site is not intended for use by or availability to minors. IF YOU ARE NOT

LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 16 YEARS OF AGE, YOU MAY

NOT ACCESS OR USE THIS SITE.

 

Contact Information. If you have any questions regarding this Site, please contact the

Maryland Photography Alliance at mdphotoalliance@gmail.com.

 

Effective Date: These Terms of Use were last updated on September 10, 2017.