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These terms and conditions govern your use of the
Mpix
services. Your use of these services constitutes acceptance of these Terms and
Conditions and creates a binding legal agreement, so please read them
carefully. Please note, you must be 18 years or older to use the
Mpix
services.
The
Mpix
goal is 100% customer satisfaction. If you are not happy with the quality of
your order, contact us within 30 days and we will reprint it free of charge. We
cannot be responsible for poor image quality resulting from inadequate
resolution or improper exposure. Please know that digital files do not have a
wide latitude for adjustment. In addition, please preview your images to ensure
that all customizable features are to your liking before placing your order.
These features include spelling, grammar, positioning of text,
orientation/cropping of images and other services such as paper choice and
finish options.
!!!!NOTICE!!!! Orders submitted with the 'no color corrections' option
checked are not eligible for reprinting by Mpix due to color issues. The
customer is totally responsible for the output in this situation.
For the best possible printed images, please ensure you are submitting properly
exposed files.
Mpix
has years of experience with color management and will produce these files as
they are submitted to us. For additional detailed tips on color management and
the use of an image histogram please refer to 'Tips for great pictures' under
our Help tool.
Mpix
sets the industry standard for quick delivery without compromising quality. Our
remarkably fast turnaround is the result of a large production capability and
an extremely efficient workflow. Most orders are shipped within 24 hours!
We store images for 60 days. If you have uploaded an image, but have not
ordered a print or specialty product with that image for 60 days,
Mpix
reserves the right to remove the image from your album.
Your credit card is authorized and charged at the time your order is
placed.
Mpix
accepts both Mastercard and Visa.
You must have the legal right to all of the images you upload, share or copy
with
Mpix
. Images provided to you by professional photographers or made available
through websites, magazines, books or other resources are protected by
copyright laws and should not be uploaded or shared in any fashion.
The following actions will constitute grounds for blocking access to the
Mpix
service, removal of posted material and non-fulfillment of your order (or any
part of your order).
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Uploading, posting, ordering for print, emailing or otherwise transmitting any
content that is unlawful, harmful, threatening, harassing, defamatory, obscene,
vulgar, invasive of another’s privacy, or otherwise objectionable;
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Harming minors in any way, including, but not limited to, content that violates
federal and state child pornography laws, child exploitation laws and laws
prohibiting the depiction of minors engaged in sexual conduct;
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Uploading, posting, emailing or otherwise transmitting any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software;
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Interfering with or disrupting (or attempting to interfere with or disrupt)
this site or servers or networks connected to this site, or disobeying any
requirements, procedures, policies or regulations of networks connected to this
site;
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Using this service for the purpose of making images available for viewing to
the general public;
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Providing any information to
Mpix
that is false or misleading, that attempts to hide your identity or that you do
not have the right to disclose.
Unfortunately, what is objectionable to some is simply artistic expression to
others - the distinction is not always clear. Mpix.com is a family run business
and most of our work consists of weddings, portraits, and events. However, we
receive significant numbers of tastefully done nudes and boudoir orders for
printing and certainly have no objection to printing and delivering these.
Nudes are normally printed if properly lit, posed and composed. They will not
be printed if they are suggestive or sexually explicit.
Mpix
has privacy measures to protect the loss, misuse and alteration of the
information under our control. We have put in place appropriate physical,
electronic and managerial procedures to safeguard and secure the information
collected on line. Access to data is limited to authorized
Mpix
staff members, and is further restricted by password protection mechanisms. Web
security and security procedures are reviewed and may be updated on a regular
basis to ensure strong data collection. By default, all orders placed on our
site are done on a secure server that encrypts all financial information
through SSL. Credit card information is not stored in our data base.
Though every precaution is taken to insure the safety of our film,
unfortunately even with the best operators and best machines, error is
possible. Submitting any film to this firm for processing, printing or other
handling constitutes an AGREEMENT by you that any damages or loss by our
company, subsidiary or agents, even though due to the negligence or other fault
of our company, subsidiary or agents, will only entitle you to replacement with
a like amount of unexposed film and processing. Except for such replacement,
the acceptance of the film is without other warranty or liability, and recovery
for any incidental or consequential damages is excluded.
Web Site Terms of Use
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Your use of Mpix.com (the "Site") or any of the products or services offered on
this site (collectively, the "Services") is subject to these Terms of Use
(these "Terms"). We may modify these Terms at any time without notice to you by
posting revised Terms on our Site. Your use of our Site constitutes your
binding acceptance of these Terms, including any modifications that we make.
Mpix is a division of Miller's Professional Imaging.
Some of the Services may be subject to additional posted conditions. For
example, if you are purchasing images from one the Site, you will be subject to
our Terms of Service for Purchasers of Photographs. Your use of those Services
is subject to those conditions, which are incorporated into these Terms by
reference. In the event of an inconsistency between these Terms and any
additional posted conditions, the provisions of the additional conditions shall
control.
Except to the extent that you may have greater rights in a separate signed or
online agreement with us, we have the right, but not the obligation, to take
any of the following actions in our sole discretion at any time and for any
reason without giving you any prior notice:
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Restrict, suspend, or terminate your access to all or any part of our Services;
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Change, suspend, or discontinue all or any part of our Services;
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Refuse, move, or remove any material that you submit to our Site for any
reason;
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Refuse, move, or remove any content that is available on our Site;
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Deactivate or delete your accounts and all related information and files in
your account;
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Establish general practices and limits concerning use of our Site.
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You agree that we will not be liable to you or any third party for taking any
of these actions.
You understand and agree that our Services may include communications such as
service announcements and administrative messages from us or from our partners
and that these communications are considered part of the Services. You may not
be able to opt out of receiving these messages.
Content on our Site
Our Site includes a combination of content that we create, that our
photographers create, and that our users and other customers create. All
materials published on our Site, including, but not limited to, written
content, photographs, graphics, images, illustrations, marks, logos, sound or
video clips, and Flash animation, are protected by our copyrights or trademarks
or those of our photographers or partners. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create derivative
works of, distribute, publicly perform, publicly display, or in any way exploit
any of the materials or content on our Site in whole or in part, other than as
necessary for your own personal non-commercial use, except as permitted in a
separate signed or online agreement with you.
You are solely responsible for all materials, whether publicly posted or
privately transmitted, that you upload, post, e-mail, transmit, or otherwise
make available on our Site ("Your Content"). You certify that you own all
intellectual property rights in Your Content. You hereby grant Miller's, our
affiliates, and our partners a worldwide, irrevocable, royalty-free,
nonexclusive, sublicensable license to use, reproduce, create derivative works
of, distribute, publicly perform, publicly display, transfer, transmit,
distribute, and publish Your Content and subsequent versions of Your Content
for the purposes of (i) displaying Your Content on our Site, (ii) distributing
Your Content, either electronically or via other media, to users seeking to
download or otherwise acquire it, and/or (iii) storing Your Content in a remote
database accessible by end users, for a charge. This license shall apply to the
distribution and the storage of Your Content in any form, medium, or technology
now known or later developed.
Our Site contains content that we create as well as content provided by third
parties. This content may include, among other things, company information, and
product or service information or reviews. It may also include information
about products and services offered by parties other than Miller's, such as
product/service descriptions, offerings, store locations, coupons, and
promotions. We do not guarantee the accuracy, the integrity, the completeness,
or the quality of the content on our Site, and you may rely on any of this
content only at your own risk. Without limitation, we are not responsible for
postings by users in any user opinion, message board, or feedback sections of
our Site.
Although we take measures to control the content on our site, you may be
exposed to content that you find offensive, indecent, or objectionable or that
is inaccurate, and you bear all risks associated with using that content. We
have the right, but not the obligation, to remove any content that may, in our
sole discretion, violate these Terms or that is otherwise objectionable.
Third-party sites, products, and Services
Our Site may contain links to other Internet sites owned by third parties. Your
use of each of those sites is subject to the conditions, if any, that each of
those sites has posted. We have no control over sites that are not ours, and we
are not responsible for any changes to or content on them. Our inclusion on our
Site of any third-party content or a link to a third-party site is not an
endorsement of that content or third-party site.
Miller's Fee-based Services
Some of the Services or photos or other products we offer may require you to
pay a charge or fee, as described in the specific conditions included where
those items are offered. In such a case, you agree to pay all fees and charges
that you incur. Unless otherwise noted, all currency references are in U.S.
dollars. We may, upon notice if required by applicable laws, at any time change
the amount of, or basis for determining, any fee or charge, or institute new
fees or charges. All fees and charges are payable in accordance with payment
terms in effect at the time the fee or the charge becomes payable.
Privacy Policy
All of the information that we collect from you, such as registration and
credit card information, is subject to our privacy policy. Please click
here to see our full privacy policy.
Your Conduct on Our Site
If we request registration information from you, you will provide us with true,
accurate, current, and complete information. You will promptly update your
registration to keep it accurate, current, and complete. If we issue you a
password, you may not reveal it to anyone else. You may not use anyone else's
password. You are responsible for maintaining the confidentiality of your
accounts and passwords. You agree to immediately notify us of any unauthorized
use of your passwords or accounts or any other breach of security. You also
agree to exit from your accounts at the end of each session. We will not be
responsible for any loss or damage that may result if you fail to comply with
these requirements.
The technology and the software underlying our Site and the Services is the
property of Miller's, our affiliates, and our partners. You agree not to copy,
modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a
security interest in, or otherwise transfer any right to the technology or
software underlying our Site or the Services. You agree not to modify the
software underlying our Site in any manner or form or to use modified versions
of such software, including (without limitation) for the purpose of obtaining
unauthorized access to our Site.
Without limiting the foregoing, you agree that you will not use our Site to
take any of the following actions:
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Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of
others;
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Publish, post, upload, e-mail, distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful content;
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Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of
another person's computer, our Site, any software or hardware, or
telecommunications equipment;
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Advertise or offer to sell any goods or services for any commercial purpose
unless you have our written consent to do so;
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Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or
promotional materials, or chain letters;
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Download any file that you know or reasonably should know cannot be legally
obtained in such manner;
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Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or the source of software or
other material;
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Restrict or inhibit any other user from using and enjoying any public area
within our Site;
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Collect or store personal information about other end users;
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Interfere with or disrupt our Site, servers, or networks;
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Impersonate any person or entity, including, but not limited to, a Miller's
representative, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
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Forge headers or manipulate identifiers or other data in order to disguise the
origin of any content transmitted through our Site or to manipulate your
presence on our Site;
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Take any action that imposes an unreasonably or disproportionately large load
on our infrastructure;
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Engage in any illegal activities.
You agree to use any available bulletin board services, chat areas, news
groups, forums, communities and/or message or communication facilities
(collectively, the "Forums") only to send and receive messages and material
that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent,
abusive or that might otherwise subject us to public disparagement or scorn, we
reserve the right, without prior notice to you, to automatically change your
username, delete your posts from our Site, deny you access to our Site, or any
combination of these options.
Unauthorized access to our Site is a breach of these Terms and a violation of
the law. You agree not to access our Site by any means other than through the
interface that is provided by Miller's for use in accessing our Site. You agree
not to use any automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy any part of our Site, except
those automated means that we have approved in advance and in writing.
Use of our Site is subject to existing laws and legal process. Nothing
contained in these Terms shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of our
Site.
Indemnification
You hereby agree to indemnify, defend and hold Miller's and all of our
officers, directors, owners, employees, agents, information providers,
affiliates, partners, and licensors (collectively, the "Miller's Parties")
harmless from and against any and all liability, losses, costs, and expenses
(including attorneys' fees) incurred by any Miller's Party in connection with
any claim, including, but not limited to, claims for defamation, violation of
rights of publicity and/or privacy, copyright infringement, or trademark
infringement arising out of:
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Your use of our Site;
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Any use or alleged use of your accounts or your passwords by any person,
whether or not authorized by you;
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The content, the quality, or the performance of content that you submit to our
Site;
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Your connection to our Site;
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Your violation of these Terms; or
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Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
Disclaimers
Except to the extent that you may have greater rights in a separate signed or
online agreement with us: (a) we disclaim any responsibility for the deletion,
the failure to store, the misdelivery, or the untimely delivery of any
information or material; (b) we disclaim any responsibility for any harm
resulting from downloading or accessing or using any photos, information or
material obtained from our Site; (c) we disclaim any responsibility for, and if
you subscribe to one of our fee-based services you will not be entitled to a
refund as a result of, any service outages that are caused by our maintenance
on the servers or the technology that underlies our Site, failures of our
service providers (including telecommunications, hosting, and power providers),
computer viruses, natural disasters or other destruction or damage of our
facilities, acts of nature, war, civil disturbance, or any other cause beyond
our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN
ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES
AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES
ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU
PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY
ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR
ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT
YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR
SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PHOTOGRAPHERS OR PARTNERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR
THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
Miller's may elect to resolve any controversy or claim arising out of or
relating to these Terms or our Site by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Kansas City, Missouri, and
judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or we may seek any interim or preliminary
relief from a state or federal court of competent jurisdiction in the state of
Kansas, necessary to protect the rights or the property of you or Miller's (or
its agents, suppliers, and subcontractors), pending the completion of
arbitration.
Infringement Claims/Copyright Agent
If you believe that any material contained on the Site infringes your copyright
or other intellectual property rights, you should notify Miller's of your
copyright infringement claim in accordance with the following procedure.
Miller's will process notices of alleged infringement which it receives and
will take appropriate action as required by the Digital Millennium Copyright
Act (DMCA) and other applicable intellectual property laws. The DMCA requires
that notifications of claimed copyright infringement should be sent to this
Site's Designated Agent who is:
| By mail:
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Dick Coleman |
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c/o Miller's Pittsburg |
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610 E. Jefferson |
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Pittsburg, KS 66762 |
| By phone:
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(800) 835-0603 |
| By fax:
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(620) 231-6783 |
| By email:
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dickc@millerslab.com |
To be effective, the notification must be in writing and contain the following
information (DMCA, 17 U.S.C. §512(c)(3)):
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Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
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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;
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Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
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Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
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A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
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A statement, made under penalty of perjury, that the information in the
notification is accurate and that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to dickc@millerslab.com for purposes other than communication
about copyright claims may not be acknowledged or responded to.
Miscellaneous
We may be required by state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our
posting them on our Site or delivering them to you through e-mail. You may
update your e-mail address by visiting the Services where you have provided
contact information. If you do not provide us with accurate information, we
cannot be held liable if we fail to notify you. You have the right to request
that we provide such notices to you in paper format, and may do so by
contacting the Vice President, Miller's Professional Imaging, 610 E. Jefferson,
Pittsburg, KS 66762.
Our failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of our Site or these Terms
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
These Terms, including all other online or written agreements, terms,
conditions, and policies that are incorporated into these terms by reference,
constitute the entire agreement between you and Miller's and govern your use of
our Site, and, except as specifically set forth herein, superseding any prior
agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of
Kansas, and the parties irrevocably consent to bring any action to enforce
these Terms before an arbitration panel or before a court of competent
jurisdiction in Kansas if seeking interim or preliminary relief or enforcement
of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision, and the remainder of the Terms shall
continue in effect.
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Miller's Professional Imaging Co
Privacy Policy
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Miller's Professional Imaging Co. (hereinafter "Miller's") is committed to
safeguarding your privacy on its websites Millerslab.com, Millersalbums.com,
Millersevents.com, and Mpix.com (individually and collectively the "Site") This
Miller's Privacy Policy does not apply to products or services provided, or
information obtained, other than through the Site. Please read the following
policy to understand how your information will be treated. This policy may
change from time to time so please check back periodically. Please keep in mind
that some of the services mentioned specifically in this policy may not be
available on the site at this time. If you have questions concerning this
policy, please contact Dick Coleman at dickc@millerslab.com.
This Privacy Policy is effective as of August 7, 2007.
What information may Miller's collect from me?
Miller's collects information in several ways. For example, some personal
information is gathered when you register as a customer using our account
interface. During registration, we may ask for your Miller's Account Number and
your email address. Once you register, you are no longer anonymous to Miller's
and are able to take full advantage of our services. In addition to
registration, we may ask you for information at other times, such as when you
report a problem with our site or services, or contact the company via the
corporate e-mail address. If you contact Miller's, we may keep a record of that
correspondence.
If you believe that any inaccurate or inappropriate information has been
obtained or disseminated through your use of this Site, you should contact a
representative of Miller's at customerservice@mpix.com
and custserv@millerslab.com.
How are Photos Displayed?
Miller's is committed to providing you with a safe environment to upload,
share, market and order photos of professional photographers. Except for photos
the photographer chooses to publish to a public gallery as part of the Service
without password protection, photos are generally protected by a password or
event number, or are published on a non-public URL, and are accessible only to
people who are aware of that particular URL.
What are cookies and how does Miller's use them?
As part of offering and providing customizable and personalized services, many
Web sites use cookies to store and sometimes track information about you. A
cookie is a small amount of data that is sent to your browser from a Web server
and stored on your computer's hard drive. We may use cookies to allow faster
and easier access to your account information, monitor traffic on the site and
measure traffic patterns to improve functionality. Miller's Web pages may in
the future contain electronic images known as Web beacons (sometimes called
clear giffs or Web bugs) or other advanced technologies that are useful in the
provision of services to you. We may use such devices to verify compliance with
our terms and conditions of use or with any promotions on the site.
How does Miller's use the information?
Miller's primary goal in collecting information is to improve the site and
provide the user with the best possible experience on the site. We will also
use your personal information to notify you of other products or services
available from Miller's and its affiliates.
Except as provided herein, only Miller's and its affiliates will have access to
individuals' account information. We also may do research on our users'
demographics and behavior based on the information provided to us upon
registration, gathered from transaction activity, from our server log files or
from surveys. This research may be compiled, analyzed or sold on an anonymous
aggregated basis, which does not include information that would identify you.
Miller's also may share this data with business partners or other third
parties.
Who is collecting information?
When you are on a Miller's site and are asked for personal information, you are
sharing that information with Miller's and its affiliates and service
providers. If personal data is to be collected and/or maintained by any company
other than Miller's or its affiliates or service providers, we will attempt to
notify you on the Site or in an updated version of this Privacy Policy. If you
do not want your data to be shared, you can choose not to allow the transfer by
not using that particular service.
Please be aware that other Web sites to which we link may collect personally
identifiable information about you when you visit those sites. The information
practices of other Web sites linked to our Sites are not covered by this
Privacy Policy.
With whom does Miller's share my information?
We will not disclose any of your personally identifiable information except
when we have your permission or under special circumstances, such as when we
believe in good faith that the law requires it, or under the circumstances
described below. The following describes some of the ways that your information
may be disclosed.
Data in the Aggregate: We may disclose "blinded" aggregated data and
user statistics to prospective partners and other third parties, and for other
lawful purposes. Blinded data is data which does not identify an individual
person.
Other: We also may disclose account information in special cases when we
have reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be violating
Miller's Terms of Use,
or other online or signed agreement with Millers, or that may otherwise be
causing injury to or interference with (either intentionally or
unintentionally) Miller's rights or property, other Miller's Site users or
customers, or anyone else that could be harmed by such activities. We may
disclose or access account information when we believe in good faith that the
law requires it and for administrative and other purposes that we deem
necessary to maintain, service and improve our products and services.
We occasionally hire other companies to provide limited services on our behalf,
including packaging, delivering or mailing, answering customer questions about
products or services, sending postal mail, providing investor information and
processing data. We will only provide those companies the information they need
to deliver the service, and they are contractually prohibited from using that
information for any other purpose.
As we continue to develop our business, we may buy or sell businesses or
assets. In such transactions, confidential customer information generally is
one of the transferred business assets. In the event of a transaction involving
the sale of some or all of Miller's businesses, customer and site visitor
information may be one of the transferred assets.
How can I control my personal information?
Miller's offers its customers choices for the use and sharing of personal
information. You may contact us at customerservice@mpix.com.
If you wish to view, edit or delete your personal information from our
database, and we will use commercially reasonable efforts to accommodate your
request.
How does Miller's protect financial-related
information?
Keeping your personal financial information private is vitally important to us.
As a matter of policy and long time business practice, Miller's does not sell
information provided by its customers. Any user statistics that we may provide
to prospective partners regarding financial matters are provided in the
aggregate only and do not include any personally identifiable information about
any individual user. We will transfer your credit card number, bank account
number or other personal information to the appropriate credit card company or
bank in order to process any online payments.
What security precautions are in place to protect the
loss, misuse or alteration of my information?
Your Miller's Account Information and Miller's Profile are password-protected
so you have access to this personal information. We use encryption technology
to protect credit card numbers, bank account numbers, passwords and
registration information while they are being transferred over the public
Internet. Remember to sign out of your Miller's account and close your browser
window when you have finished your work. This is to ensure that others cannot
access your account by using your computer when you are away from it. Because
of the global nature of the Internet, when you give us information, that
information may be sent electronically to servers outside of the country where
you originally entered the information. Unfortunately, no data transmission
over the Internet can be guaranteed to be 100% secure. Except as discussed
above or otherwise designated, this site does not use security encryption
measures. Therefore, information that you disclose by use of this site (as with
any site that is non-secure), by posting a message or using e mail, potentially
could be collected and used by others. This may result in unsolicited messages
from third parties or use of such information by third parties for their own
purposes, legal or illegal. As a result, while we strive to protect your
personal information, Miller's cannot ensure or warrant the security of any
information you transmit to us or from our services, and you do so at your own
risk. Once we receive your transmission, we use commercially reasonable efforts
to ensure its security on our systems.
Your Copyrights
Miller's respects the intellectual property rights of others. We claim no
ownership rights in any image contained in any of your photo albums and will
not share your images unless instructed by you or otherwise required by law or
permitted under a separate agreement with you. Please note that when you share
a photo album, you allow the recipients of that album to share and make that
album and the photos in it available to others. For more information, see the
applicable Terms of Service.
What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose information online,
that information is accessible to other customers and users. Ultimately, you
are solely responsible for maintaining the secrecy of your passwords and/or any
account information. Please be careful and responsible whenever you are online.
When you or we end your customer relationship with us, we will treat the
information we have about you as if you were still our customer.
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Terms of Service Agreement for
Purchasers of Photographs
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This Terms of Service Agreement for customers of the photographer's (the
"Agreement") is applicable to purchasers of content from our sites, and is by
and among you ("Customer"), Miller's Professional Imaging Co. ("Miller's") and
its website Mpix.com (the "Site"), and any Miller's member photographer whose
digital image(s) and related producted you are purchasing (referred to as
"Photographer(s)"). By clicking "I Agree", accessing the Site, ordering any
images, or downloading any digital images to be used on the personal basis from
our Site, you agree to be bound by the terms of this Agreement as well as the
general Terms of Use posted
on the Site. If you do not agree, do not access or use the Site. Please check
these Terms regularly for changes. Your continued use of the site following the
posting of changes will mean you accept these changes. Mpix is a division of
Miller's Professional Imaging.
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Ownership of Site. The Site is owned and operated by Miller's. All
images, audio, video and related informational materials in any medium made
available by Miller's hereunder, including related text, captions, or
information (collectively referred to as "Content"), is owned by Miller's or
our Photographers or licensors and is protected by US and international
copyright laws, trade dress, moral rights, and other intellectual property
rights. Except as explicitly permitted under this Agreement, no portion or
element of this Site or its Content may be copied or retransmitted via any
means and all related rights shall remain the exclusive property of Miller's
and its Photographers and licensors.
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Purpose of Site. Mpix.com offers digital photography services that
provide our customers with the ability to view, share, store and order prints
of digital images.
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Availability of Site. The Site is generally available 24 hours a day, 7
days a week. However, Miller's retains the right to make the Site unavailable
from time to time for any reason, including scheduled and unscheduled
maintenance, as well as equipment or software failures. You agree that Miller's
shall not be liable to you for any modification, suspension or discontinuance
of the Site or services. You are responsible for providing all equipment
necessary to access the internet and the Site. Access to the Site requires a
Web browser that meets the operational needs of the Site. Miller's does not
guarantee that the Site will be compatible with Your equipment or software, and
You are responsible for assuring such compatibility.
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Passwords. Access to and use of the Site is generally through a
combination of a User Name and Password. No other person is permitted to access
the Site using the User Names and Passwords of any other Customer. You are
responsible for all activity on the Site that occurs under your User Name and
Password, regardless of whether you have authorized the same.
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Rights Management. FOR THE PROTECTION OF MILLER'S AND ITS PHOTOGRAPHERS
AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY
WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM
TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR
TRACKING OF CONTENT OBTAINED FROM THE SITE AND/OR OTHER METHODS OF PROTECTING,
MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT
SYSTEMS (RMS)"). If you do not consent to the use of RMS, do not use the Site
or any Content found therein. You shall not knowingly disable any such
technology or tool. You may not remove any copyright or other proprietary
notices contained in the Content, caption information, or any other material on
this Site.
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Pricing and Provision of Services. Subject to the terms and conditions
of this Agreement, Miller's agrees to fulfill your online orders such as print
and reprint order processing and other services that may be amended by Miller's
in accordance with its practices and procedures from time to time, at prices
and subject to the other terms and conditions that are set forth on the Site.
All prices are stated in U.S. dollars and are valid until altered by us. Prices
do not include delivery charges or any import duties that may be added by the
order destination country. Postage will be added to your order during the
checkout process. Miller's makes every effort to provide current and accurate
information about products, services and prices but we do not guarantee the
accuracy of such information, and we specifically disclaim responsibility for
product information provided to you by the Photographers. Information about
products is subject to change without notice. Prices are subject to change
prior to our acceptance of Your order. In the event that you order products and
the price published on the Service was incorrect, Miller's will contact you to
let you know the correct price and ask you whether you still wish Miller's to
fulfill your order at the correct price. Any dates specified for delivery of
any products are intended to be an estimate only
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Use of Content on Site. You may have access to Content comprised of
low-resolution digital images. Photographer grants to you a non-exclusive,
non-sublicensable right to download one copy of these images on your personal
computer for purposes of determining which images to order from the Site. You
may not utilize the images in any manner that is not expressly permitted in
this agreement. Except as specifically provided in this agreement, you may not
share, copy, print, modify, alter, remove any watermarks or copyright notices,
or otherwise make derivative works from all or any portion of the Content.
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No Releases. Neither Photographer nor Miller's grants You any rights,
and makes no warranties with regard to the use of names, trademarks, logos,
registered, unregistered or copyrighted designs or works of art depicted in any
Content. Unless otherwise agreed in writing, no model, property, team logo,
trademark or other releases are granted by Licensor in connection with the
delivery of Content hereunder
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Cancellation of Accounts. Miller's reserves the right to cancel or
discontinue accounts which have been inactive for more than 60 days at our
discretion.
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Forums. From time to time the Site may include bulletin boards, chat
rooms, or other forums ("Forums") and the information and opinions expressed in
the Forums are not those of Miller's or the Photographers. You are solely
responsible for all content you post on or submit to the Forums. You are aware
and acknowledge that Miller's.com. has no obligation to monitor the Forums and
you are not relying upon Miller's.com. to monitor the Forums. Furthermore,
neither Miller's.com, nor the Photographers, are responsible or liable to any
person or entity whatsoever (including, without limitation, persons who may use
or rely on such data or materials or to whom such data or materials may be
furnished) for any loss, damage (whether actual, consequential, punitive or
otherwise), injury, claim, liability or other cause of any kind or character
whatsoever based upon or resulting from any information or opinions provided in
or through the Site. The Forums shall be used only in a noncommercial manner.
You shall not, without our express approval, distribute or otherwise publish
any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that
soliciting other Miller's.com users to join or become members of any commercial
online service or other organization is expressly prohibited. By posting
content to any Forum or submitting any content to the Site, you grant (or
warrant that the owner of such rights has expressly granted) to Miller's a
perpetual, royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from, and
distribute such content or incorporate such content into any form, medium, or
technology now known or later developed throughout the universe.
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Disclaimer of Warranty and Limitation of Liability. THE SITE AND
SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY
LAW, MILLER'S DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY
CONTENT RELATED OR PRODUCTS ON THE SITE.
MILLER'S AND THE PHOTOGRAPHER GRANT NO RIGHTS AND MAKE NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, INDIVIDUALS, LIKENESSES,
TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE
DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY
RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES
ARE OBTAINED.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT OR IMAGE TO SITE,
AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR MATERIAL THROUGH THE SITE OR
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD
OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR
DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OF, OR DAMAGE TO, YOUR CONTENT OR
IMAGES MILLER'S SHALL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY, NOT TO
EXCEED THE VALUE OF THE IMPACTED ORDER.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT
ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF (I) THE
USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY
OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
MILLER'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST
EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED THE GREATER OF THE VALUE
OF THE ORDER OR $100.00.
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Code of Acceptable Conduct. You agree not to use the Site or service:
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for any unlawful purposes;
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to upload, post, order for print, email or otherwise transmit or communicate
any material that is obscene, offensive, blasphemous, pornographic, unlawful,
threatening, menacing, abusive, harmful, an invasion of privacy or publicity
rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
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to upload, post, order for print, email or otherwise transmit or communicate
any material that you do not have a right to transmit or communicate under any
contractual or fiduciary relationship or which infringes any copyright, trade
mark, patent or other intellectual property right or any moral right of any
party;
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to harm minors in any way, including, but not limited to, content that violates
child pornography laws, child sexual exploitation laws and laws prohibiting the
depiction of minors engaged in sexual conduct;
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to forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Service;
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to attempt to upload images by any method to another user's account without
permission
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to upload, post, email or otherwise transmit any material which is likely to
cause harm to Miller's or anyone else's computer systems, including but not
limited to that which contains any virus, code, worm, data or other files or
programs designed to damage or allow unauthorized access to the Service which
may cause any defect, error, malfunction or corruption to the Service;
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to make images hosted by Miller's available for viewing by the general public
through a publicly posted link to the image or otherwise;
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to transmit any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of
solicitation;
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to impersonate any person or entity, or otherwise to misrepresent your
affiliation with a person or entity; or
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to collect, intercept or harvest screen names, to collect, intercept or store
personal data about other users of the Service or to solicit or attempt to
discover a user's password, screen name or other registration information
without the user's express knowledge and consent.
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Indemnification. You understand and agree that you are personally
responsible for your behavior in connection with the use of the Site and our
service. You agree to indemnify, defend and hold harmless Miller's, the
Photographers, and our subsidiaries, affiliated companies, joint venturers,
business partners, licensors, employees, agents, and any third-party service
providers from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential, exemplary
and indirect damages), and reasonable attorneys' fees, resulting from or
arising out of (a) images or other content you post to or download or order
from the Site or submit through the Service, (b) use or misuse of the Service
by you or any other person who accesses the Service using your account, (c) any
violation of this Agreement, or (d) any violation of any rights of a third
party.
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General Terms. You will also abide by the provisions posted on the
Miller's website in the Terms of Service and Privacy Statement, as amended from
time to time. [If Agreement is online- these should be links to the referenced
documents.]
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Successors and Assigns. Photographer may not subcontract or otherwise
delegate its obligations under this Agreement without Miller's prior written
consent. Subject to the foregoing, this Agreement will be for the benefit of
Miller's successors and assigns, and will be binding on Photographer's
permitted assignees.
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Governing Law. This Agreement shall all be governed and construed in
accordance with the laws of the State of Kansas applicable to agreements made
and to be performed in Kansas, and that any legal action or proceeding between
Miller's and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Kansas. Miller's failure to enforce any
provision of this Agreement shall not constitute a waiver of any provision or
right.
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Severability. Should any provisions of this Agreement be held by a court
of law to be illegal, invalid or unenforceable, the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be
affected or impaired thereby.
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Waiver. The waiver by Miller's of a breach of any provision of this
Agreement by Photographer shall not operate or be construed as a waiver of any
other or subsequent breach by Photographer.
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Entire Agreement. This Agreement constitutes the entire agreement
between the parties relating to this subject matter and supersedes all prior or
contemporaneous oral or written agreements concerning such subject matter. This
Agreement may only be changed by mutual agreement of authorized representatives
of the parties in writing.
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