Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to SportsPhotos.com! We love photography and videos and for the most part SportsPhotos.com (the "Site") is all about photos, videos and camaraderie. For the protection of our partners, suppliers, you and us, however, the Terms of Use are very important.

This Site is owned and operated by SportsPhotos.com, Inc. ("SportsPhotos.com"). These Terms of Use apply to your access to, and use of, the Site, your use of any digital photography, videos, media hosting services, other services provided on or through this Site (the "Services"), and to your purchase of any photographic prints, videos or other products ("Products") from SportsPhotos.com. However, these Terms of Use don't alter in any way the terms or conditions of any other agreement you may have with SportsPhotos.com. Your use of the Site and the Services and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. You consent to our communicating with you about the Site, the Products and the Services by email and/or system messages, and if necessary, by regular mail or telephone.

SportsPhotos.com reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Site or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.

A. GENERAL TERMS

1. Privacy

Please refer to the Site's Privacy Policy for information on how we collect, use and disclose personal information from users of the Site. You understand and agree that we store and process your personal information on computers located in the United States.

2. Hosting Service Terms

SportsPhotos.com's online media hosting and related services (the "Hosting Services") provide you a place to host your photographs ("Photos") or videos ("Videos") Photos and Videos may collectively be referred to herein as "Media." By subscribing to or using any Hosting Services, you agree to be bound by and accept the additional terms and conditions set forth in Section B below (the "Hosting Service Terms"), which are a part of these Terms of Use.

3. Sales Terms

Please refer to our Terms of Sale as set forth in Section C below for the additional terms, conditions and policies applicable to your purchase of Products through the Site. By ordering Products through the Site, you agree to be bound by and accept the Terms of Sale, which are a part of these Terms of Use.

4. License Agreement

SportsPhotos.com's Site enables any person or entity who owns or is otherwise authorized to license Media (the "Content Owner") to post such Media on the Site and to use SportsPhotos.com's shopping cart to facilitate the license of such Media by the Content Owner through the Site. These licenses are made directly between the user and the Content Owner and are merely facilitated by SportsPhotos.com. SportsPhotos.com Professional subscribers may make Media available for license to Site users through the Site by setting prices for them in the pricing tool. By posting any Media and indicating the Media may be licensed by Site users, Content Owners agree to be bound by and accept the terms and conditions set forth in Section D below, which are a part of these Terms of Use.

5. Copyright And Limited License

The Site and all Media, text, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of SportsPhotos.com or its licensors or users and are protected by United States and international copyright laws.

SportsPhotos.com grants you a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with SportsPhotos.com. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

1. the collection, copying or distribution of any portion of the Site or the Site Materials;
2. any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
3. modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
4. scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
5. with the exception of your own Media, or others' Media available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein;
6. orany use of the Site or the Site Materials other than for their intended purposes.

Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of SportsPhotos.com or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.

6. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, SportsPhotos.com has adopted a policy of terminating, in appropriate circumstances and at SportsPhotos.com's sole discretion, account holders who are deemed to be repeat copyright infringers. SportsPhotos.com may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

7. Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

8. Trademarks

"SportsPhotos.com", the SportsPhotos.com logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of SportsPhotos.com contained in the Site are trademarks of SportsPhotos.com (collectively, the "SportsPhotos.com Marks") and may not be copied, imitated or used without the prior written permission of SportsPhotos.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

9. Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray SportsPhotos.com or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by SportsPhotos.com at any time. Further, you may not frame the Site without SportsPhotos.com's express written consent.

SportsPhotos.com makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. SportsPhotos.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.

10. Third Party Content

SportsPhotos.com may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by SportsPhotos.com of any Third Party Content. SportsPhotos.com makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.

11. Advertisements And Promotions; Third Party Products and Services;

SportsPhotos.com subscribers (on their own sites) or SportsPhotos.com (on public areas of the Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and SportsPhotos.com does not endorse, approve, or control any such products, services, advertising or promotions. SportsPhotos.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Site.

12. User Content

The Site includes hosting services, discussion forums or other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information or other content or materials (collectively, "User Content"). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:

1. User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation Photos, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of SportsPhotos.com, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SportsPhotos.com or its users to any harm or liability of any nature.

Although we prohibit certain activities in these Terms of Use, SportsPhotos.com does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Site is at your own risk.

Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at SportsPhotos.com's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

Although SportsPhotos.com has no obligation to screen, edit or monitor any of the User Content posted on the Site, SportsPhotos.com reserves the right, and has absolute discretion, to remove, screen or edit any User Content hosted on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you host on the Site at your sole cost and expense. You retain the copyright in any User Content you post on the Site. SportsPhotos.com neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant SportsPhotos.com a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction, the license of Photos or the sale of Products on the Site.

You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. SportsPhotos.com will not be responsible or liable for any third party access to or use of the User Content you post. SportsPhotos.com provides security options and settings for your content and you should read and understand them all.

You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

13. Your Account.

Certain activities on the Site require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form ("Registration Data") is complete and accurate. SportsPhotos.com reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as SportsPhotos.com may send important notices about your account or the Services to that email account.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect SportsPhotos.com's systems and customers, or to ensure the integrity and operation of SportsPhotos.com's business and systems, SportsPhotos.com may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that SportsPhotos.com's right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of SportsPhotos.com. For information regarding other ways that SportsPhotos.com may use or disclose your Registration Data, please see the SportsPhotos.com Privacy Policy.

14. Account Security

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected.

We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify SportsPhotos.com of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to SportsPhotos.com.

15. DISCLAIMER OF WARRANTIES

THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SportsPhotos.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.

SportsPhotos.com DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM SportsPhotos.com OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SportsPhotos.com IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. SportsPhotos.com ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL SportsPhotos.com OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM SportsPhotos.com, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SportsPhotos.com'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SportsPhotos.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SportsPhotos.com FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnity

You agree to defend, indemnify and hold harmless SportsPhotos.com and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post or otherwise transmit on or through the Site, your use of or inability to use the Site, the User Content, the Site Materials or the Products or Services, or the licensing of your Media to third parties through the Site, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

18. Applicable Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

19. Severability

If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

B. ADDITIONAL TERMS APPLICABLE TO HOSTING SERVICES ("HOSTING SERVICE TERMS")

You may use the Hosting Services only in accordance with these Hosting Service Terms (and the Terms of Use to which they are a part). In the event of any conflict between these Hosting Service Terms and the other provisions of the Terms of Use, these Hosting Service Terms will control.

1. Subscriptions

The Hosting Services will only be available to users (a) who register for a free trial (when available) or for a subscription to the Hosting Services ("Subscription") and (b) who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan"). SportsPhotos.com currently accepts VISA, MasterCard, Discover and American Express credit cards. The various Subscription Plans SportsPhotos.com offers and the services, features and Subscription Fees applicable to such Subscription are available on the Site (see /photos/photo-sharing-features/). By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. Please note that the foregoing does not apply to the termination of your account in accordance with Section B.4 below.

When you first register with SportsPhotos.com, SportsPhotos.com enables you to use the Hosting Services without charge for a 14 day period (a "Free Trial"). You do not need to provide SportsPhotos.com with a credit card or any other form of payment when you first register. If you are not completely satisfied, your account will automatically terminate at the end of the Free Trial. If, at the end of the Free Trial period, you decide to continue to use the SportsPhotos.com Hosting Services, then you will need to provide SportsPhotos.com with a credit card, and we will charge your credit card for the Subscription Fee applicable to the Subscription Plan selected by you. Your Subscription period will begin at the end of the Free Trial period.

T

he Hosting Services are intended to be used by SportsPhotos.com account holders for limited distribution of photos and, for Power and Pro accounts, videos as well. The Hosting Services are not intended for broad commercial use by commercial sites and services (e.g., CNN or other similar news or broadcasting site), and SportsPhotos.com, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Hosting Services if SportsPhotos.com determines your use of the Hosting Services is a misuse of the Hosting Services.

2. Term and Upgrades

Subscriptions are for the term you select when you subscribe. THE TERM WILL AUTOMATICALLY RENEW AT THE END OF EACH TERM FOR SUCCESSIVE TERMS OF THE SAME DURATION AS THE TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR SportsPhotos.com PRIOR TO THE END OF SUCH TERM. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH YOUR CONTROL PANEL, SETTINGS TAB, OR BY SENDING AN EMAIL TO OUR CONTACT PAGE THAT PROVIDES CLEAR WRITTEN NOTICE OF SUCH REQUEST. You agree that upon such renewal, the credit card designated on your account will be billed the applicable Subscription Fee then in effect at the time of renewal. If you notify SportsPhotos.com (via your Control Panel) that you wish to upgrade to a higher subscription level, then the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term. You acknowledge that the amount of the recurring charge billed to your credit card may change if the applicable subscription fee increases or if you change your subscription level or term. All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.

3. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.

SportsPhotos.com reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by SportsPhotos.com, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. SportsPhotos.com WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS HOSTED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF MEDIA OR OTHER MATERIALS YOU POST TO THE SITE.

4. Termination of Services.

You may request termination of a Subscription at any time by canceling your account in your Control Panel, settings tab, or by sending an email to our Contact Us page that provides clear written notice of such request, including the "nickname" you provided to SportsPhotos.com at the time you ordered your Subscription. When SportsPhotos.com receives your termination request, SportsPhotos.com will terminate your Subscription if it has the necessary information to do so. SportsPhotos.com will notify you of termination via email. SportsPhotos.com may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from SportsPhotos.com.

Additionally, SportsPhotos.com may terminate a Subscription, or any user's access to and use of the Site or the Hosting Services, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Terms of Service), SportsPhotos.com in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that SportsPhotos.com deems appropriate to enforce its rights and pursue available remedies.

All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any User Content hosted on the Site may no longer be retrieved, so you should make a backup copy of any such User Content on a regular basis and before terminating your account.

You may change your email or the credit card information for your account by using the Control Panel or by sending an email to our Contact Us page that provides clear written notice of the requested change, including the "nickname" currently associated with your SportsPhotos.com Subscription. If the credit card designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then SportsPhotos.com may terminate your account for nonpayment. If SportsPhotos.com does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and SportsPhotos.com cannot reach you due to an invalid email address or for any other reason, then SportsPhotos.com will (subject to Section B.4) endeavor to retain your User Content on the Site for at least 30 days after termination. However, SportsPhotos.com cannot guarantee that your User Content will remain on the Site after termination or that you will receive notice of such termination, so you should make a backup copy of any such User Content on a regular basis.

5. Use of User Information.

In the event that you at any time obtain access to any SportsPhotos.com user information, whether directly from SportsPhotos.com or otherwise, including user names and emails (collectively the "User Information"), you agree that you may not use any such User Information in any manner except as may be specifically authorized by SportsPhotos.com to carry out the purpose for which such User Information was provided. Without limiting the foregoing, you may not share such User Information with any third parties or use it for any marketing purposes of any kind. Further, you agree not to use such User Information in any manner that would be in violation of SportsPhotos.com's Privacy Policy. In no event will SportsPhotos.com be obligated to provide you with any such User Information. You agree that this provision shall apply both during and after the term of your Subscription.

C. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")

These Terms of Sale shall form a part of the Terms of Use applicable to your purchases of any reprints of any Photos, downloads of any Videos, or other Products from the Site. Other than as specifically provided in any separate written agreement between you and SportsPhotos.com, the Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale shall control.

1. Pricing; Payment Terms

All prices are listed in U.S. dollars and are valid until altered by us. SportsPhotos.com currently accepts VISA, MasterCard, Discover and American Express credit cards. SportsPhotos.com reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your order for Products, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse SportsPhotos.com for any and all costs incurred in collecting amounts owed by you to SportsPhotos.com, including, without limitation, attorneys' fees and costs of collection agencies.

2. Video Downloads; Shipping Terms and Policies

Videos are available in download only and downloads will be made following payment. We endeavor to ship all orders for Photo prints within 1-2 business days. However, orders for merchandise Products, or orders that contain a mixture of finishes and products, may take longer to ship, depending on the items. The estimated delivery time applicable to various methods of shipping are available on the Site at the time you place your order. SportsPhotos.com is not responsible for any delays in shipping. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Orders placed after hours or on holidays will be counted as being placed the next business day. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are the responsibility of the customer and are listed on the Site. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. However, the shipping charge shown during the checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from SportsPhotos.com to you upon shipment. If for some reason an item in your order is temporarily out of stock, we may hold your order until it is complete.

3. Return Policy

SportsPhotos.com unconditionally guarantees your satisfaction. If you are unsatisfied with any Photos or other Products you purchase from SportsPhotos.com, we will gladly accept the return of any Product you have ordered from us for any reason within thirty (15) days of receipt and reprint the Product or refund the purchase price. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. However, we will generally not refund your original shipping cost unless your order is defective in some manner. Contact SportsPhotos.com at our Contact Us page regarding the replacement or refund of any Product. Please do not contact your credit card company to dispute a charge before contacting SportsPhotos.com.

4. Product Availability and Pricing

SportsPhotos.com may revise or discontinue Products at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.

5. Product Descriptions; Pricing; Errors

SportsPhotos.com attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that Product descriptions, Photos, Videos, pricing or other Site Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a Product offered by SportsPhotos.com is not as described or pictured, your sole remedy is to return it in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

6. Disclaimer of Warranties

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND SportsPhotos.com'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS FROM THE SITE, AND SportsPhotos.com EXPRESSLY DISCLAIMS AND EXCLUDED ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

D. ADDITIONAL TERMS OF SALE

Users with a SportsPhotos.com Professional account may license digital version of his or her Photos or Videos.

1. Rights Granted by Content Owner

By uploading or posting Photos or Videos to be licensed to Site users using SportsPhotos.com's shopping cart, the Content Owner hereby grants to SportsPhotos.com the right to facilitate the licensing by Content Owner of Photos or Videos posted on SportsPhotos.com to a licensee according to the licensing designation ─ a Commercial Use License or Personal Use License ─ identified by the Content Owner upon submission of the Photos or Videos. The Content Owner can designate the applicable license, set the license fees and check sales reports by selecting the View Pro Sales option from the tools menu at the top of the Site when logged in.

2. Content Owner Responsibilities

Content Owner is responsible for all Photos or Videos posted to the Site including without limitation the:
designation of and update of Photo or Videos license type ─ either personal or commercial ─ through the pro pricing tool the removal, if necessary, of Photos or Videos from the Site.

3. Media Submission and Licensing

Photos or Videos submissions to the Site may be rejected or removed at any time for any reason or for no reason in SportsPhotos.com's sole discretion.

Photos or Videos designated for commercial license should be free from any distinguishable third party names, trademarks, logos, copyright designs, works of art, architecture, or any other depictions requiring additional rights. Content Owner understands and agrees that all Photos or Videos are licensed directly by the Content Owner to the licensee and the license type and the license fees for Photos or Videos within the Site will be chosen by Content Owner. SportsPhotos.com merely facilitates and enables such license and is not responsible for the Photos or Videos.

So long as Content Owner has agreed to make the Photos or Videos available through the Site there will not be any restraint on the licensing of such Photos or Videos through the Site to any Site users to the fullest extent possible, according to the type of license provided by the Content Owner.

4. Representations and Warranties of Content Owner

Content Owner represents and warrants to SportsPhotos.com that:

1. Content Owner owns (or has legal right to represent and license) all copyright and other rights, title and interest in and to all Photos or Videos submitted to the Site and has the right to grant all licenses granted herein without violating the rights of any third party;
2. if the Content Owner who is agreeing to this Terms of Use is an agent of the copyright owner(s), then the Content Owner has been granted full authority of the copyright owner(s) to enter into this agreement;
3. all information provided to SportsPhotos.com through the Site or by any all other means concerning all Photos or Videos, to the best of its knowledge, is true and accurate; and
4. all Photos or Videos submitted or posted on the Site by Content Owner have all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation valid Model Releases and Property Releases for Photos or Videos depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks.

5. Definitions

Capitalized terms used but not defined in these Terms of Use above or on the Site will have the following meanings:

1. "Commercial Use License" means a licensing type in which the licensee is entitled to use the Photos or Videos subject to the commercial use license.
2. "Model Release" means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Photos or Videos.
3. "Personal Use License" means a licensing type in which the licensee is entitled to use the Photos or Videos subject to the personal use license.
4. "Property Release" means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Photos or Videos.