Adography Terms And Conditions

Adography.com^SM Terms and Conditions

Last Updated: May 12, 2009

• Acceptance of Terms; Password.

  By using the www.adography.com website and/or any of the services available on or through the adography.com website (collectively, the “Site”), or by accessing the Site or posting, displaying, buying or selling Content on the Site, you hereby acknowledge that you are at least eighteen (18) years of age and that you accept and agree to be bound by the following terms and conditions (the "Agreement" or "User Agreement"). If you are not at least eighteen (18) years of age, you may not use the Site. If you are using the Site on behalf of your employer or some other Person, you represent and warrant to Adography that you have full legal authority to bind such employer or such other Person to the terms of the Agreement. You also accept and agree to the terms of our privacy policy and copyright policy as posted on the Site at the time you access or use the Site.

  You acknowledge and agree that any password used by you in connection with your registration is confidential information. You must maintain the confidentiality of your password and you must not disclose such password to any other Person. You may not use the password or account of another user. You acknowledge and agree that you are solely responsible for any access and use of the Site in connection with your password and any other actions or other use of your password and that you will immediately notify Adography of any unauthorized use of your password or access to the Site. Adography recommends that you institute periodic password changes to prevent any unauthorized use of your password or access to the Site.

• Modification of Agreement.

  We may alter and modify this Agreement from time to time in our absolute discretion without prior notice to you, and any access or use of the Site by you following such alteration or modification shall constitute your acceptance of and agreement to the Agreement as altered or modified. Accordingly, you should periodically review the Agreement as posted on the Site to familiarize yourself with the most recent version of our terms and conditions of use.

• Definitions.

  For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • Content means any and all content, visual or textual material, information, works of authorship, trade or service marks, trade names, logos or domain names, including, without limitation, any photographic image, illustration, graphic, animation, text, writing, flash file, film or video footage, visual representation, or blog post or comment, shown or displayed on, submitted through, or otherwise appearing on or in connection with, the Site.
  • Person means any natural person or individual (or group of individuals), corporation (including any non-profit corporation), general partnership, limited partnership, limited liability partnership, joint venture, estate, trust, company (including any limited liability company or joint stock company), firm or any other enterprise, association, organization, business entity or governmental entity.
  • You shall mean any Person accessing or using the Site as well as any employer or other Person on whose behalf such Person is accessing or using the Site.
  • Adography, we or us means Adography Inc., its successors and assigns.

• Access/Use of Site and Content.

  We reserve the right in our absolute discretion to suspend, restrict access to or terminate any account, registration or any other relationship you may have with us, for any reason or no reason, at any time with or without notice to you. We also reserve the right in our absolute discretion, for any reason or no reason, at any time, and with or without notice to you or any third party, to reject, refuse to post, modify, change, alter, edit, format, delete, restrict access to, remove or take down any information or Content submitted, posted, displayed or otherwise shown on or through the Site by you or by any third party. Without limiting any of the foregoing or our other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Site, delay or remove Content, and take technical and legal steps to prevent access or use of the Site if we believe, in our absolute discretion, that a user’s activities create unacceptable legal risk, violate this Agreement or our policies, or are jeopardizing or interfering with other users’ rights or the technical operation of the Site. We also reserve the right, at any time, with or without notice to you or any third party, to modify, change, alter, edit, suspend, restrict access to, terminate or discontinue the Site or any service, feature or Content available on or through the Site. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. To ask questions or provide feedback about the Site, please contact contact@adography.com.

• Representations and Warranties.

  You hereby represent, warrant and covenant the following to us:

  • You own all rights, including, without limitation, all copyrights throughout the world, in or relating to any Content submitted, posted or displayed by you on or through the Site, or you otherwise possess all rights, and have obtained all licenses and other third-party consents or authorizations, necessary to submit, post or display such Content and to grant the rights and licenses in and to such Content contemplated by this Agreement.
  • Without limiting the foregoing, all photographs submitted, posted, displayed or offered for sale by you on or through the Site are original works of authorship (or you are otherwise the sole legal owner of all copyrights in such photographs), and you have obtained legally enforceable written releases or consents signed by all individuals appearing in such photographs (or, in the case of a minor, signed by that individual’s parent or other legal guardian) which permit the photographs and the images and likenesses contained in them to be publicly displayed and performed, distributed, broadcast, sold, transferred, edited, modified, formatted and used, by any Person, throughout the world and in any medium or format, for any purpose, including in connection with the Site as well as for advertising or promotional purposes, without any obligation whatsoever to provide notice, obtain review or approval, or pay any royalty or other compensation to any Person. You shall provide Adography or the purchaser of any such photograph with such releases or consents immediately upon request.
  • No Content (including, without limitation, any photographs) submitted, posted, displayed or offered for sale by you on or through the Site infringes or violates any copyright, trademark, publicity, privacy or other right of any other Person. You have not received any communication about and are not aware of, and based on the exercise of reasonable diligence have no reason to be aware of, any pending or threatened suit, action, claim or allegation by any other Person relating to any such purported violation or infringement.

• Prohibited Conduct.

  You hereby agree that you shall NOT engage in any of the following prohibited activities on, through or in connection with the Site. Any failure to comply shall entitle Adography immediately, without notice, and in addition to exercising any available legal or equitable remedies, to restrict, suspend or terminate your access or use of the Site, remove, delete or restrict access to any objectionable Content, and/or notify and cooperate with appropriate law enforcement authorities.

  You may NOT:

  • — post Content in an inappropriate category or area on the Site;
  • — violate any foreign, federal, state or local laws, statutes, regulations, ordinances, decrees, judgments or orders; violate any intellectual property, privacy, publicity or other rights of any Person (including, without limitation, by posting or offering for sale photographs of which you are not the sole owner or for which you have failed to obtain the required written releases or consents from individuals appearing therein); or violate our policies or this Agreement;
  • — use the Site if you are not able to form legally binding contracts, are under the age of eighteen (18) years, or are temporarily or indefinitely suspended from the Site;
  • — engage in any deceptive, misleading or fraudulent behavior, or any behavior that violates the duty of good faith and fair dealing, either with respect to Adography or any user of the Site;
  • — fail to deliver payment for items purchased by you, unless the seller fails to meet the posted terms, has materially changed the item's description or you cannot verify the seller's identity;
  • — fail to deliver items purchased from you, unless the purchaser fails to meet the posted terms, or you cannot verify the purchaser’s identity;
  • — manipulate the price of any item or interfere with any other user's listings;
  • — circumvent or manipulate our fee structure, the billing process, or fees owed to Adography;
  • — post false, inaccurate, misleading, defamatory, libelous, sexually explicit, discriminatory, hateful, unlawful, indecent or otherwise offensive content;
  • — take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Site or using it for purposes unrelated to Adography);
  • — transfer your Adography account (including feedback) and/or your User ID or password to another Person;
  • — use another’s account;
  • — distribute or post spam, chain letters, or pyramid schemes;
  • — distribute viruses or any other code, programs or technologies that may harm Adography, or the interests or property of Adography users; or
  • — harvest or otherwise collect information about users, including email addresses, without their consent.

  You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (other than Content you have submitted to us) from the Site without our prior express written permission and that of the owner of such Content, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Adography grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

• Licenses and Restrictions; Rights in Adography Site; Third-Party Products, Marks and Logos; Photo Sale Contract.

  • When you submit, display or post Content on or through the Site, you grant us, our affiliates and our respective service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers), transferable right to use, publish, reproduce, distribute, display, publicly perform, broadcast, edit, format, modify and creative derivative works from the Content on or through the Site and in any advertising or promotional material for the Site, in any medium or format known now or in the future. However, Adography does not claim any ownership rights in the Content posted by you.
  • Adography owns all rights and interest in and to the Site and all Content thereon, excluding Content posted by users (collectively, the “Adography Content”). Adography does not grant you any ownership rights in the Adography Content, nor grant you any right to use, reproduce, or display the Adography Content through or on any other medium except as expressly authorized on the Site. Except for your own Content posted by you, and the ability to use certain tools and view other Content made available for this purpose on the Site, you may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content, including any Content of third parties. Your license rights in the Site and the Content are for your use only and are limited to the rights specifically set forth in this Agreement. All proprietary notices and copyright information on the Site must be observed and followed.
  • All product names, company names, marks, logos and symbols on adography.com (except for Adography, adography.com and the Adography logo, which are service marks owned by Adography) are the trademarks of their respective owners. Nothing on the Site is intended to convey or suggest any association or affiliation with, or sponsorship or endorsement of Adography or the Site by, any such owners. Furthermore, nothing on the Site or in this Agreement confers any license in any third-party names, marks, logos or symbols or in any other third-party intellectual property rights, whether by estoppel, implication or otherwise.
  • When a prospective purchaser of photographs (“Purchaser”) makes a posting for a photograph or assignment, it may select whether to use its own contract to complete a transaction with the seller (“Seller”) and, if it selects this option, may upload its desired form of contract onto the Site. Sellers can preview the terms in Purchaser’s contract prior to selling a photograph or accepting an assignment. By offering to sell a photograph or take an assignment, each Seller agrees that if its photograph is purchased, it will be entering into a binding agreement with that Purchaser, pursuant to the terms of Purchaser’s contract. Nothing in such contracts shall be binding upon Adography, or shall be deemed to impose any obligation on Adography, and such contracts may not be used to circumvent the Site’s fee structure or any fees that would otherwise be owed to Adography. Seller is responsible for executing and delivering Purchaser’s contract, or for taking such other measures to complete the transaction, as may be instructed by Purchaser or as Seller and Purchaser may otherwise agree. Purchasers and Sellers shall furnish Adography with signed copies of contracts relating to photographs posted on the Site upon request.

  If Purchaser does not use its own contract or such contract is never executed, the following paragraph shall supply the terms of the contract between Purchaser and Seller for the sale of photographs through the Site, which shall be a legally binding agreement enforceable by each party against the other.

  Purchaser and Seller, intending to be legally bound, agree as follows: All sales of photographs are transfers of full ownership rights in and to such photographs. Purchaser agrees to pay Seller the agreed-upon price for each photograph in accordance with the procedures and payment mechanism specified on the adography.com website. Upon receipt of payment for a photograph, Seller hereby irrevocably assigns and transfers to Purchaser all right, title and interest in and to such photograph, including, without limitation, all copyrights throughout the world, and Seller assigns, relinquishes and agrees not to assert any moral rights relating to such photograph. Seller represents, warrants and covenants to Purchaser that Seller is the sole legal owner of all copyrights in the photograph, that the photograph does not violate or infringe any copyright, trademark, publicity, privacy or other right of any third party, and that Seller has obtained and will furnish to Purchaser immediately upon request legally enforceable written releases or consents from all individuals appearing in the photograph (or, in the case of a minor, from his or her parent or other legal guardian) which permit the photograph and the images and likenesses contained in it to be publicly displayed or performed, distributed, broadcast, sold, transferred, edited, modified, formatted and used, by Purchaser, its licensees and service providers and their respective assigns, throughout the world and in any medium or format, for advertising or promotional purposes and for any other purpose, without any obligation whatsoever to provide notice, obtain review or approval, or pay any royalty or other compensation to any person or entity. Seller further agrees to execute and deliver any documents requested by Purchaser in order to record, perfect or enforce its ownership rights in the photograph as described in this paragraph.

• Adography Not Responsible for Transactions; No Representations and Warranties; Limitation of Liability.

  The Site is an online venue for sellers to offer photographs for sale and for prospective purchasers to place photo assignments for photographs and to purchase photographs offered for sale. Although Adography may from time to time make posts of its own on the Site sourcing photographs, except in these limited circumstances we are not involved in actual transactions between purchasers and sellers and have no control over and do not guarantee the quality of items advertised, their non-infringement of third-party rights, the truth or accuracy of listings, the ability of sellers to sell items, the ability of purchasers to pay for items, that a purchaser or seller will actually complete a transaction, or that the seller has the ability to assign and transfer to the purchaser the copyright and other rights in an item described in this Agreement. You are responsible for your own interactions and communications with other users; however, Adography reserves the right to monitor interactions, communications, and disputes between users.

  While we have made reasonable efforts to correctly categorize and keyword the Content and the information provided and/or displayed on the Site, Adography does not make any representations, warranties or covenants with respect to such information or such Content or the accuracy, precision, correctness, right to use, non-infringement, completeness or truthfulness of the same.

  ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, AND EXCEPT AS EXPRESSLY PROVIDED ABOVE, WE HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS RELATING TO THE SITE, ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS, WARRANTIES OR COVENANTS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. ALL INFORMATION, SERVICES, FEATURES AND CONTENT DISPLAYED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”

  ADOGRAPHY ALSO DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE WILL BE FREE OF BUGS, VIRUSES, MALWARE OR OTHER MALICIOUS OR DESTRUCTIVE CODE OR PROGRAMS. THE ENTIRE RISK AS TO YOUR USE OF THE SITE AND THE QUALITY OF THE CONTENT IS WITH YOU. IF YOUR USE OF THE SITE RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH. WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND CONTENT AND ANY TRANSACTIONS CONDUCTED BY YOU WITH OTHERS USING THE SITE. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY CONTENT, SUBMISSIONS, ACTS OR OMISSIONS OF OTHER USERS, NEGLIGENCE, INFRINGEMENT, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY'S USE OR THE INABILITY TO USE THE SITE OR THE CONTENT, AND/OR YOUR CONDUCT OF TRANSACTIONS USING THE SITE, EVEN IF WE HAVE BEEN ADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE THE CASE REGARDLESS OF WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

  IN THE EVENT THAT ADOGRAPHY IS HELD LIABLE FOR DAMAGES, OUR TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT OR IN ANY WAY RELATING TO THE SITE OR THE CONTENT SHALL NOT EXCEED THE FEES ACTUALLY PAID TO ADOGRAPHY WITH RESPECT TO THE USE, PURCHASE OR SALE OF THE SPECIFIC CONTENT OUT OF WHICH THE ACTION ARISES.

• Taxes.

  Each user of the Site is solely responsible for satisfying all sales and use tax, governmental reporting and other legal requirements under applicable law relating to its activities on or through the Site, including, without limitation, collecting and remitting any sales or use tax and complying with any other legal or regulatory requirements applicable to the purchase and sale of photographs using the Site.

• Indemnification.

  You agree to indemnify, defend and hold harmless Adography, its affiliates and their respective principals, officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all claims, suits, actions, losses, expenses, damages, penalties and costs, including reasonable attorneys' fees, resulting from any (1) actual or alleged violation of this Agreement, (2) use of the Site by you or any Person using your password, (3) your actual or alleged failure to comply with any applicable legal or regulatory requirements, including, without limitation, any requirement to collect or pay any sales or use tax, (4) any negotiation or contract entered into by you relating to Content posted on the Site, or (5) any damages, injuries, losses, claims or causes of action which may arise from any Content provided by you.

• Pricing and Returns.

  Adography reserves the right to change or alter the pricing of services offered through the Site at any time without any prior notice to you or any third party. Any such altered or changed pricing will be posted on the Site and is effective upon posting. Adography does not accept returns. All sales through the Site are final.

• Third-Party Links.

  Any links on the Site to third party websites are provided by Adography solely as a convenience to you. The privacy and security practices of such third party websites may be different from Adography’s privacy and security practices. We reserve the right to terminate a link to a third-party website at any time. The fact that we provide a link to a third-party website does not mean that we endorse, authorize or sponsor that website or its products. It also does not mean that we are affiliated with the third-party website's owners or sponsors. Adography does not control such websites and is not responsible for any such websites or the content, products, accuracy, opinions or services offered by any third parties.

• Miscellaneous.

  We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers, or any other similar conditions beyond our reasonable control. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that no joint venture, partnership, employment or agency relationship exists between you and Adography or its affiliates as a result of this Agreement or your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

  All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that Adography may provide notice to you by posting announcements to the Site or sending an email to you at any email address furnished by you. Except as specified in the next sentence, all notices to Adography of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: Adography Inc., 5833 Belmont Manor Drive, Pipersville, PA 18947. All notices regarding copyright issues shall be sent in accordance with our Copyright Policy posted on the Site.

  Except with respect to that body of law relating to conflicts of law, the laws of the Commonwealth of Pennsylvania shall govern this Agreement. The parties agree to submit to jurisdiction and venue in the Commonwealth of Pennsylvania and in the U.S. district courts located therein. If any provision of this Agreement or the application thereof to any Person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application thereof to any Person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent of the law. This Agreement, together with the policies referenced in this Agreement, any pricing terms posted by Adography on the Site, and any other policies or procedures posted by Adography on the Site from time to time relating to how Adography’s service works, constitute the complete agreement between you and Adography and supersede all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. (In the event of a conflict or inconsistency between the terms and conditions of this Agreement and any of the policies or other sources of information referenced in the preceding sentence, this Agreement shall control.) Sections III and V-XIII of this Agreement and such other provisions that, by their terms, should survive any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement. The headings and titles in this Agreement are for convenience only and shall not have any legal or contractual effect.

Copyright Policy

Adography respects the rights of all copyright holders, and in this regard, Adography has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Adography’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (please see 17 U.S.C §512(c)(3) for further detail, or consult your legal counsel to confirm these requirements):

• A 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 are covered by a single notification, a representative list of such works;
• 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 Adography to locate the material on the Site;
• Your address, telephone number and e-mail address;
• A written statement that you have 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 that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Adography Inc.

Email: contact@adography.com

Adography.com^SM Privacy Policy

Last Updated: May 11, 2009

By using the adography.com website and/or any the services available on or through the adography.com website (collectively, the “Site”), you consent to the collection, use and disclosure of information from you in accordance with this policy.

Adography Inc. (“Adography”) is committed to protecting your privacy. This privacy policy tells you about our online collection, use and disclosure of information from you, including personal information. The terms of this policy apply to all information collected by Adography on the Site. If you have any questions, comments or complaints about this privacy policy or the collection, use or disclosure of information, including personal information, please contact us by email at contact@adography.com.

Consent to Collection of Your Personal Information

When you visit this Site, certain kinds of non-personal information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the Site's operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Site.

We also collect personal information that you provide to us on or through the Site or through your other interactions with us, such as in emails or telephone conversations. By voluntarily providing this information to us, you consent to the collection, disclosure and use of your personal information as set out in this privacy policy.

Personal information collected by Adography may include the following:

• information collected when you register, or when you sign up to receive newsletters, RSS feeds or other services available through the Site, including username and password (or equivalent information), your name, your mailing address, email address, and phone number.
• information collected when you conduct a transaction through the Site, such as credit card number or other financial account number, banking or other financial institution information, and billing or financial institution address. We may also collect information about the content of the transaction itself, such as information about the photograph purchased or sold and the parties involved.

You may always choose not to provide personal information, but if you so choose, certain services and features of the Site may not be available to you.

Use of Your Personal Information

Adography collects and uses your personal information (as well as non-personal information) to:

• create and manage your account;
• process your transactions;
• provide customer service;
• perform research and analysis aimed at improving our products, services and technologies;
• display content that is customized to your interests and preferences;
• provide you with newsletters or other communications or services which you have signed up or otherwise agreed to receive; and
• communicate with you about your transactions, new products, promotions and services. We may send account- or transaction-related communications such as welcome letters and transaction confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information or offers that may be of interest. These surveys or marketing communications may come from Adography or our service providers. If you do not wish to continue to receive surveys or marketing communications, you may indicate this preference by following the "unsubscribe" or “opt-out” instructions included within each email communication. Please keep in mind that, even if you choose not to receive marketing communications, you may continue to receive transactional or account communications (e.g., confirmation emails) and other communications which are required or permitted by applicable law.

If you would like to have your personal information deleted, please contact us at contact@adography.com. However, if you exercise this right, you may not be able to continue to use the Site or certain services available on the Site.

Disclosing Your Personal Information

Except as set out in this privacy policy, Adography does not disclose or sell your personal information to any third parties.

We may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may engage other companies to handle the processing of payments, to provide data storage, to host websites, to assist in marketing, to conduct audits, etc. Those third-party service providers (i) shall be permitted to obtain only the personal information they need to provide the service, and (ii) must protect personal information to the same extent as Adography, including not using it for any improper purpose.

We may also disclose personal information to cooperate with law enforcement authorities, a court or administrative agency, or other governmental authority in connection with an investigation or where otherwise required or permitted by applicable law.

Finally, information about our customers and registrants, including personal information, may be disclosed as part of any merger, acquisition, or sale of Adography and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company.

Accessing Your Personal Information

If you would like to review or revise information that you previously provided to us, you may access and change your personal information in the “Dashboard" section of the Site. You may also e-mail us at contact@adography.com for assistance.

Use of Cookies and Other Technologies

Use of the Site may result in the placement of "cookies" on our computer to enable you to sign in to our Site and to help us and our advertising service providers personalize your online experience and present content that may be of interest to you. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, your registration information, session identification number and your navigational history and preferences.

Cookies offer you many conveniences. They may be used, for example, to allow us to identify registered users when they return to the Site so that they can retrieve previous image search results. Cookies can also save you time by eliminating the need to repeatedly enter the same information.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our Site that depend on cookies, but you will be able to perform basic navigation through the Site.

In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our Site and in promotional email messages or newsletters. These tiny electronic images can be used to assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information. We may also place flash objects on your computer in order to collect browser and other information that helps us improve the security of your online communications with our Site.

Security of Your Personal Information

The security of your personal information is important to us. We use reasonable safeguards to help protect your personal information, including without limitation, limiting access to your personal information to those of our employees and service providers who require it to provide services to you.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

Forums & Other Interactive Services

Our Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (collectively, "Interactive Areas"). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely.

Links

We may link to websites that have different privacy and security policies and practices from those disclosed here. We assume no responsibility for the privacy or security policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

Children’s Privacy

We do not knowingly collect or solicit personal information from anyone under the age of 18.

Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy and post the changed policy on the Site. If there are material changes to this privacy policy or in how Adography will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. Notwithstanding the foregoing, your provision of any information on or through the Site following any such change shall constitute your consent to the collection, disclosure and use of such information in accordance with the changed policy. Accordingly, we encourage you to review this privacy policy whenever you visit the Site in order to familiarize yourself with the most recent version.