Custom Photo Mosaics ONLINE PRIVACY POLICY Statement

This is the Custom Photo Mosaics web site (the "Site"). We can be reached via e-mail at Webmaster@customphotomosaics.com The policies below are applicable to Custom Photo Mosaics and other sites on the World Wide Web portion of the Internet owned and operated by CUSTOM PHOTO MOSAICS, INC.


Custom Photo Mosaics's Privacy Policy

Your privacy on the Internet is important to us. As part of the operation of Custom Photo Mosaics and other CUSTOM PHOTO MOSAICS sites, we gather certain types of information about Custom Photo Mosaics users, and we would like to explain the types of information we gather, what we may do with the information and how to correct or change the information.


Information Collected By Custom Photo Mosaics

Custom Photo Mosaics collects two types of personally identifying information from users: personal data (such as names and e-mail addresses); and aggregated data (such as information about traffic patterns on Custom Photo Mosaics, (for example how many users log into Custom Photo Mosaics on a daily basis).


Personal Data

Personal data is collected when users provide personal data to Custom Photo Mosaics, for example in registering for electronic newsletters or other membership services, in answering surveys, purchasing items from Custom Photo Mosaics, and other promotional opportunities provided by Custom Photo Mosaics.


Use of Cookies

Custom Photo Mosaics also uses "cookies" to collect information. A cookie is a small data file that most major Web sites write to your hard drive for record keeping purposes when you visit them. Cookies allow Custom Photo Mosaics to measure activity on the Site and to improve your user experience, for example by remembering your passwords and viewing preferences, thus allowing you to visit various member-only parts of the Site without re-registering. Cookies are used by Custom Photo Mosaics to measure activity on the Site and make improvements and updates based on which areas are used and which are not. Custom Photo Mosaics does not use cookies to retrieve information from your computer that was not originally sent in a cookie. Except for personal information voluntarily provided by you (i.e., during registration), Custom Photo Mosaics does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever. You may occasionally get cookies from our advertisers, which is standard in the Internet industry. Custom Photo Mosaics does not control these cookies, and these cookies are not subject to Custom Photo Mosaics's privacy policies. Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site, such as the member-only portion of the site will not function properly if you do.


Use of Information Collected by Custom Photo Mosaics

CUSTOM PHOTO MOSAICS uses both the personal and aggregated information we collect for multiple purposes. The information is used to improve the content of the Site, to customize the content and/or layout of the Site for each individual user and to notify users about updates to the Site or promotional offers or opportunities that we believe will be of interest to you. CUSTOM PHOTO MOSAICS shares aggregated information with third parties for both advertising and promotional purposes. CUSTOM PHOTO MOSAICS may also share personal information with prescreened third parties for marketing or promotional purposes. CUSTOM PHOTO MOSAICS will try to provide users with an opportunity to decline this service when such information is requested from you online. CUSTOM PHOTO MOSAICS may also share information with consultants and affiliates for internal business purposes and may divulge personal information if such information is subpoenaed, or if CUSTOM PHOTO MOSAICS believes that any user has committed unlawful acts, to acts that endanger the health or safety of another user or of the general public. In some situations, we will share your personal information, on a confidential basis, with third parties who perform a particular service on our behalf, such as sending e-mails. Also, Custom Photo Mosaics may be sold or transferred to another entity. Should such an event occur, customer information will of course be one of the transferred assets. CUSTOM PHOTO MOSAICS may use third party advertising companies to serve ads when you visit our sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to our sites and to other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. In addition, CUSTOM PHOTO MOSAICS may share Web site usage information about visitors to our sites with such company for the purpose of managing and targeting advertisements on our sites


Links to Other Sites

It is important to note that Custom Photo Mosaics contains links to sites other than Custom Photo Mosaics, and that those sites may not follow the same privacy policies as Custom Photo Mosaics. For instance, if you click on an advertisement on CustomPhotoMosaics.com, this will take you away from Custom Photo Mosaics and to an entirely different site. This can include links from advertisers, content providers and partners who may use Custom Photo Mosaics's logo as a result of a co-branding agreement. These sites may send their own cookies to you, and may collect data and make uses of it that Custom Photo Mosaics would not. The use of any information or materials that you may access at these external sites is purely voluntary. You should not rely on their contents without independent and thorough review of the accuracy, completeness, effectiveness, timeliness and correct sequencing. These external sites may also refer to specific commercial products, processes, or services by trade name, trademark, service mark, manufacturer or otherwise. Unless CUSTOM PHOTO MOSAICS has provided specific authority, such references in no way indicate our endorsement, recommendation or preference.


Additional Information

No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of CUSTOM PHOTO MOSAICS to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, CUSTOM PHOTO MOSAICS cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. Under no circumstances, including but not limited to negligence, shall CUSTOM PHOTO MOSAICS be liable for any special, incidental or consequential damages that result from the use of information or materials on our sites, even if CUSTOM PHOTO MOSAICS or an authorized representative of CUSTOM PHOTO MOSAICS, has been advised of the possibility of such damages. USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE AND PRIVACY POLICY. CUSTOM PHOTO MOSAICS reserves the right to change this policy at any time by notifying users of the existence of a revised privacy policy. You can send e-mail to us with any further questions at Webmaster@customphotomosaics.com.


TERMS OF SERVICE

These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the Web site located at http://www.customphotomosaics.com and the services and products offered thereon (the "Service") which are offered to you by "CUSTOM PHOTO MOSAICS". BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service. 1. Restrictions on Use The Service is a computer online service. It is accessible to you through a personal computer, or other access device at www.customphotomosaics.com using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, links to other Web sites and other computer services that CUSTOM PHOTO MOSAICS may decide to offer, subject to the terms hereof. CUSTOM PHOTO MOSAICS may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Service, at any time in CUSTOM PHOTO MOSAICS's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number or line. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. The Service is owned and operated by CUSTOM PHOTO MOSAICS and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by CUSTOM PHOTO MOSAICS and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not download, modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material"). 2. Rules and Guidelines (a) Registration Should CUSTOM PHOTO MOSAICS choose to provide member based services, when you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if CUSTOM PHOTO MOSAICS suspects that your information is untrue or inaccurate, not current, or incomplete, CUSTOM PHOTO MOSAICS may, in its sole discretion, suspend or terminate your authorizaition and refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Users under the age of 18 must have parental consent before accessing CUSTOM PHOTO MOSAICS, and children under the age of 13 may not use the CUSTOM PHOTO MOSAICS shopping carts. CUSTOM PHOTO MOSAICS reserves the right to change the nature of this relationship at any time. (b) Passwords Should CUSTOM PHOTO MOSAICS provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify CUSTOM PHOTO MOSAICS of any unauthorized use of your password or account, or any other breach of security. (c) General CUSTOM PHOTO MOSAICS may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by CUSTOM PHOTO MOSAICS, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, CUSTOM PHOTO MOSAICS may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose. (d) Rules for Use of the Custom Photo Mosaics website (hereinafter referred to as the Service) (1.) Monitoring CUSTOM PHOTO MOSAICS has no obligation to monitor the use of the Service by members. You acknowledge and agree that CUSTOM PHOTO MOSAICS reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, CUSTOM PHOTO MOSAICS reserves the right at all times to disclose any information posted on any portion of the Service as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in CUSTOM PHOTO MOSAICS's sole and absolute discretion are objectionable or in violation of this Agreement. (2.) License By uploading files, inputting data, sending materials for digitization or engaging in any other form of communication (a "Communication") through the Service you are granting CUSTOM PHOTO MOSAICS a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of CUSTOM PHOTO MOSAICS. (3.) Content on the Service Communications posted through the Service are provided by users such as you who are unaffiliated with CUSTOM PHOTO MOSAICS, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not CUSTOM PHOTO MOSAICS, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by CUSTOM PHOTO MOSAICS, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will CUSTOM PHOTO MOSAICS be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. (4.) Merchants Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. CUSTOM PHOTO MOSAICS will not be 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 merchants on the Service. (5.) Disclaimer of Warranties CUSTOM PHOTO MOSAICS HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER CUSTOM PHOTO MOSAICS, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUSTOM PHOTO MOSAICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. CUSTOM PHOTO MOSAICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOM PHOTO MOSAICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. (6.) Limitation of Liability IN NO EVENT SHALL CUSTOM PHOTO MOSAICS, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, CUSTOM PHOTO MOSAICS'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CUSTOM PHOTO MOSAICS OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CUSTOM PHOTO MOSAICS, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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 ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. (7.) Indemnification You agree to defend, indemnify and hold harmless CUSTOM PHOTO MOSAICS, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service. (8.) Termination CUSTOM PHOTO MOSAICS may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to CUSTOM PHOTO MOSAICS of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which CUSTOM PHOTO MOSAICS may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to CUSTOM PHOTO MOSAICS and its licensors. (9.) Trademarks CUSTOM PHOTO MOSAICS, and the CUSTOM PHOTO MOSAICS logo, are trademarks of CUSTOM PHOTO MOSAICS, Inc., and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of CUSTOM PHOTO MOSAICS or the owner of such trademark, service mark or trade name. (10.) Child Online Protection Act Notification Pursuant to 47 U.S.C. Section 230(d) as amended, CUSTOM PHOTO MOSAICS hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html. (11.) Infringement Policy CUSTOM PHOTO MOSAICS, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. CUSTOM PHOTO MOSAICS accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), CUSTOM PHOTO MOSAICS has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to CUSTOM PHOTO MOSAICS in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: Jerold Rawson, General Counsel CUSTOM PHOTO MOSAICS, INC. 3220 Techny Rd. Northbrook, IL 60062 By phone: (847) 498-6360 By e-mail: webmaster@customphotomosaics.com In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address. E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. (12.) Modification CUSTOM PHOTO MOSAICS reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. (13.) Export Control Information Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote CUSTOM PHOTO MOSAICS's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by CUSTOM PHOTO MOSAICS from its offices within the state of Illinois, United States of America. CUSTOM PHOTO MOSAICS makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. (14.) Miscellaneous This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Chicago, Illinois, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by CUSTOM PHOTO MOSAICS to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of CUSTOM PHOTO MOSAICS. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.