TERMS AND CONDITIONS

IMPORTANT NOTICE AND USER AGREEMENT

By using this software and/or the web site the user expressly agrees to the following terms and conditions:

COSTS OF THE SERVICE - We have no upload or monthly fees for active accounts. We only charge the cost of the product ordered and the 12% commission fee on the NET. The commission fee percentage is based on your gross sales total less, shipping, lab costs and sales tax per billing period (twice per month).  Your customer placing the order pays handling/shipping and any applicable taxes.

PAYMENT PERIODS - The Payment periods (checks and statements) for orders fulfilled by OrderPicture.Com will be calculated twice per month. Orders will accrue until the check value is over $50.00. There is an option to cut checks under $50.00 and not accrue orders that can be activated by editing your client information on line. If that option is selected checks cut under $50.00 would have a $3.00 processing charge; checks cut over $50.00 would not have the $3.00 processing charge.

REMAKES AND REFUNDS - Every effort will be made to produce a quality product for orders fulfilled by OrderPicture.Com. In the event we feel an image will not produce a satisfactory product, we will notify you and discuss alternative options. If a product has been produced and your client is not satisfied, we will remake the product to satisfaction or refund the sale at our discretion.

COPYRIGHTED MATERIAL - By entering the Images into the online web site, the user represents that they are the owner or lawful user of any copyrighted picture, images and text.

SALES TAX - Orders that are shipped to a Texas address will be charged Texas sales tax. The sales tax on such orders will be collected and paid to the State of Texas by OrderPicture.Com. If you are collecting funds for buckshots certificates, you are responsible for collecting and paying any sales taxes applicable.

ACCOUNT ACTIVATION - There is no charge for sign-up, software download and orders placed by the photographer. To activate your account for public viewing and sales, we do require a $29.95 non-refundable deposit. This deposit amount will be drawn against your commissions for the first 90 days; after that period or until the commission deposit is depleted, the commission fees will be deducted from your on-going sales. Under this arrangement no costs are incurred by you as long as your account continues to produce orders.

ACCOUNT DEACTIVATION - Client-accounts having no client order sales activity for 6 Payment Periods (3 months) will be deemed inactive. Any remaining commission deposit will be forfeited.

ACCOUNT REACTIVATION - Client-accounts that have been deactivated may re-activate the account for a $29.95 non-refundable commission deposit. This fee will be drawn against for your commissions for 90 days; after that period or until the pre-paid commission fee is depleted, the commission fees will be deducted from your on-going sales.

NUMBER OF ONLINE IMAGES - The number of online images available in an active account is based on your gross sales dollars per payment period as follows:

If number of online images available is exceeded you will be notified to use the online tools to reduce the number of images online. If you choose to exceed the number of available images, additional charges are $25.00 per payment period per 50,000 images over the allowed amount of images.

EXPIRED/INACTIVE EVENTS - Events that have been expired for more than 90 days or have not received any orders for 120 days will be removed from the website. The events can be re-uploaded if desired.

CHECK RE-ISSUE FEE - Checks will be mailed to the address information provided in your client-account. It is your responsibility to keep the information current and correct. There will be a $25.00 fee for each reprinted check.

RETURNED CHECK FEE - There will be a $30 charge for each returned check.

CANCELLED ORDERS - Due to credit card processing fees and our rapid order fulfillment time (often within minutes), once an order is placed it is not possible to alter it, and it may not be possible to cancel it. Requesting order cancellation will result in the applicable commission charges and, depending on the order production status, some or all of the lab costs.

ORPHANED ORDERS - If an order is placed; and we are unable to complete and ship the order within 20 days due to lack of non-response to a print file request, the order will be cancelled and the commission charges billed to the account.

CHILD PORNOGRAPHY AND IMAGES OF CHILD ABUSE - It is understood and agreed that all pictures submitted to Master Photo USA / OrderPicture.Com are subject to examination and fall under all applicable laws, including laws which prohibit child pornography and child abuse. Any perceived violations of law will be reported to law enforcement authorities if, in the sole judgment and discretion of OrderPicture.Com, such images represent possible violation of the law.

PORNOGRAPHIC OR OBSCENE MATERIALS - State and federal laws prohibit the distribution of obscene or pornographic material. All images considered by OrderPicture.Com to be obscene or pornographic will be removed and, in accordance with the law, the proper authorities will be notified.

KEYWORD SEARCHES ON SPORTING EVENTS - This process is covered by U.S. Patents 6,985,875 and 7,047,214. A license must be obtained from the patent holder prior to your uploading a sporting event where you intend for the images to be searched by your clients using identifying information covered by these patents on the OrderPicture.Com website. Please contact PhotoCrazy, Inc. at 805-492-0562 for details.

LIMIT OF LIABILITY - Member acknowledges that use of the Service is at Member's sole risk. The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service. The Service is made available on an AS IS basis. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither Master Photo USA / OrderPicture.Com nor anyone else involved in creating, producing, or services accessible through the Service, will be liable for any direct, incidental, special or consequential damages, loss of profits or loss of information arising out of this Agreement. The provisions of this Section will survive termination of this Agreement.

NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED - The above are the only warranties of any kind, either expressed, implied, statutory or otherwise. All other warranties are expressly disclaimed. This warranty gives you specific legal rights. You may have other rights, which vary from state to state. The Master Photo USA / OrderPicture.Com online web site is not liable for any direct, indirect, consequential, or incidental damages, (including business damages) arising out of the use or the inability to use the Master Photo USA / OrderPicture.Com online web site even if the Master Photo USA / OrderPicture.Com online web site has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Master Photo USA / OrderPicture.Com does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the web site. The user accepts these terms and conditions and agrees to hold Master Photo USA / OrderPicture.Com, the OrderPicture.Com online web site, and their employees and agents harmless for all actions taken in good faith under the terms of these provisions. Master Photo USA / OrderPicture.Com may make changes to to the products described, or to the materials therein, at any time without notice. This Agreement shall be governed in all respects by the laws of the State of Texas.

PRIVACY POLICY - OrderPicture.Com Is Committed To Ensuring Your Privacy. OrderPicture.Com will make every effort to protect the confidentiality of all information that you provide. In order to make improvements to our web site, we may track the way visitors use the site; however, that information is used only for system maintenance and improvement. We do not sell individual user information, profile information or generic system information to third parties.

FORCE MAJEURE - If the performance of any obligation under this Agreement is interfered with by reason of any circumstances beyond the reasonable control of OrderPicture.Com or affected, including, without limitation, by fire, explosion, power failure, acts of God, war, revolution, civil commotion, delays of the other Party in the performance of any of its obligations hereunder, acts of the public enemy, or any law, order, regulation, ordinance or requirement of any government or legal body, and labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, then OrderPicture.Com shall be excused from such performance for a period equal to the delay resulting from any such causes and such additional period as may be reasonably necessary to allow OrderPicture.Com to resume its obligations, (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations relate to the performance which was interfered with). The Party so affected shall make reasonable efforts to remove such causes of nonperformance; provided, however, in the event any such cause of nonperformance extends for more than twenty (20) calendar days, OrderPicture.Com shall have the right, without obligation or liability, to cancel any request for services affected by such cause. Either Party shall notify the other Party in writing within five (5) calendar days after becoming aware of the occurrence of any force majeure event that may cause any delay or failure on the part of such Party to perform its obligations hereunder.

 MISCELLANEOUS -   We reserve the right to change these Terms of Service at any time at our discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this Site prior to the time these Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use, if any. We may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability; We reserve the right to terminate any registration and/or membership and/or deny access to any person or user at any time for any reason.