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.