PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the "Agreement") between you ("You" or "Your") and Premiercap Services Corporation d.b.a. EquityPhoto.com herein referred to as ("EquityPhoto(s)") regarding your use of the website and potential related services (collectively, the "Website"). By using the Website, you represent and warrant that you have read and understood, and agree to be bound by, the Agreement and EquityPhoto’s Privacy Policy (the "Privacy Policy"). By using the Website, You further represent and warrant that you are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

CHANGES TO THIS AGREEMENT

EquityPhoto.com may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
EquityPhoto.com also may, at any time and without notice, modify or discontinue the Website. You agree that EquityPhoto.com its owners, employees, or agents shall have no obligation of any sort in connection with any modification or discontinuance of the Website.

PROHIBITED USES

You represent and warrant that You will not use the Website to:

• Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
• Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
• Violate this Agreement, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
• Harm the goodwill or standing of EquityPhoto.com or any of its clients, partners, employees, affiliates, agents, contractors or representatives;
• Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
• Attempt to interfere with the use of the Website by any other user.

EquityPhoto.com reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

THIRD PARTY WEBSITES

The Website may contain links to websites operated by third parties ("Third-Party Websites"). EquityPhoto.com does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. EquityPhoto.com has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom. You acknowledge that any communications sent by You to third parties by means of the Website (for e.g. through a "tell-a-friend" form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without your knowledge.

CONSENT TO RECEIVE EMAIL FROM EQUITYPHOTO.COM

By becoming a user or provider of service of EquityPhoto.com, You consent to receive
Occasional emails for EquityPhtot.com to provide customer service, and /or making available other products and services, to notify you of changes to our website or special offers we think that our user’s and service providers( Photographers) may find of value.

MEMBER ID AND PASSWORDS

Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information.

INTELLECTUAL PROPERTY

The content located on the Website, including without limitation this Agreement, is the copyrighted property of EquityPhtot.com or its licensors. Similarly, the EquityPhoto.com domain name, the registered service mark, "Your property Photo Resource," and all other names and logos used by EquityPhoto.com in connection with the offering of EquityPhoto.com’s goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of EquityPhoto.com or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to EquityPhoto.com or its licensors' copyrights, trademarks and service marks. Copyright © 2008 to the present, EquityPhoto.com. ALL RIGHTS RESERVED.

POLICY CONCERNING CLAIMS AND NOTICE OF INFRINGEMENT

It is the policy of EquityPhoto.com to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. EquityPhoto.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
All notices as to matters of copyright infringement should be sent to our designated agent at LegalCounsel@EquityPhoto.com

Notices as to matters of copyright infringement should contain the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit EquityPhoto.com to locate the material.
• The address, telephone number or email address of the complaining party.
• 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.
• A statement, 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.
  EquityPhoto.com reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom EquityPhoto.com believes is violating any such rights of others.
  This contact information is only for reporting copyright infringement.

DISCLAIMER OF WARRANTIES

EQUITYPHOTO.COM HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUITYPHOTO.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED, VIRUS FREE OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

LIMITATION OF LIABILITY

THE LIABILITY Of EQUITYPHOTO.COM IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUITYPHOTO.COM, ITS OWNERS, AGENTS, CONTRACTORS, EMPLOYEES, ADVERTISERS, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE UP TO AND INCLUDING BUT NOT LIMITED TO THE LOSS OF DATA, REVENUE, AND BUSINESS INTERUPTION ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE OR SERVICE RELATED ACTIVITIES OR PROCESS’. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EQUITYPHOTO.COM AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless EquityPhoto.com and its partners, employees, affiliates, agents, contractors, officers, directors, subsidiaries, advertisers, and representatives (the "EquityPhoto.com Parties") from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation reasonable attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to EquityPhoto.com by means of the Website of incomplete, inaccurate or untimely information or other data. The EquityPhoto.com Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.

TERMINATION

In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 9-12 and 15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.

Without limiting any other provision of this Agreement, EquityPhoto.com reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all. This agreement can be cancelled by the user or EquityPhoto.com at anytime.

If at anytime you become dissatisfied with the terms and conditions of this website or any future modifications you understand and agree that your only recourse will be to a) terminate the agreement; and/ or b) Immediately discontinue use of the website and service. EquityPhoto.com will not be responsible for any storage left on its servers after cancellation or termination. Should you initiate the termination for any reason, you agree that you are still responsible for charges for any Orders which are still pending and not past due on the Termination Date.
You understand and agree that your cancellation of your account and Service membership is your sole right and remedy with respect to any dispute with EquityPhoto.com.

CHOICE OF LAW, JURISDICTION AND VENUE

The Website is owned and operated by Premiercap Services Corporation d.b.a. EquityPhoto.com in Los Angeles, California. This Agreement shall be interpreted and enforced as though executed in Los Angeles, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

SEVERABILITY; WAIVER

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of EquityPhoto.com to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.

ASSIGNMENT

This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of EquityPhoto.com. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

NO RELATIONSHIP

The user/Buyer and photographer’s are independent contractors.
Without limiting any other provision of this Agreement, this Agreement shall not be interpreted or construed to create an association, agency, partnership, joint venture or employee-employer relationship between You and EquityPhoto.com.

MODIFICATIONS TO SERVICE

EquityPhoto.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.

ENTIRE AGREEMENT; AMENDMENT

This Agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.