Terms and Conditions | Terms of Use | Privacy | Purchasers Agreement

Terms and Conditions
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.

Our Guarantee
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.

Color Management
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.

Our Turnaround
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!

Storage Policy
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.

Payment
Your credit card is authorized and charged at the time your order is placed. Mpix accepts both Mastercard and Visa.

Your Conduct
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).

• 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;
• 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;
• 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;
• 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;
• Using this service for the purpose of making images available for viewing to the general public;
• 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.

Adult Content Policy
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.

Privacy
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.

LIMIT OF LIABILITY
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

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: Restrict, suspend, or terminate your access to all or any part of our Services; Change, suspend, or discontinue all or any part of our Services; Refuse, move, or remove any material that you submit to our Site for any reason; Refuse, move, or remove any content that is available on our Site; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of our Site. 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: Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; 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; Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Download any file that you know or reasonably should know cannot be legally obtained in such manner; 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; Restrict or inhibit any other user from using and enjoying any public area within our Site; Collect or store personal information about other end users; Interfere with or disrupt our Site, servers, or networks; 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; 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; Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; 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: Your use of our Site; Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; The content, the quality, or the performance of content that you submit to our Site; Your connection to our Site; Your violation of these Terms; or 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: Dick Coleman c/o Miller's Pittsburg 610 E. Jefferson Pittsburg, KS 66762 By phone: (800) 835-0603 By fax: (620) 231-6783 By email: 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)): Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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; 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; 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 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.

Miller's Professional Imaging Co Privacy Policy

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.

Terms of Service Agreement for Purchasers of Photographs

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.

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. 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. 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. 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. 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. 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 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. 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 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. 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. 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. Code of Acceptable Conduct. You agree not to use the Site or service: for any unlawful purposes; 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; 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; 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; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; to attempt to upload images by any method to another user's account without permission 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; to make images hosted by Miller's available for viewing by the general public through a publicly posted link to the image or otherwise; to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or 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. 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. 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.] 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. 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. 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. 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. 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.