Welcome to Expert Pictures's Terms
and Conditions of Use ("Site Terms"). These Terms and Conditions
create an agreement applicable to your use of our services at
Expert Pictures (the "Site"). We may amend this agreement at any
time by posting the amended terms on our Site. Except as stated below, all
amended terms shall automatically be effective 30 days after they are
initially posted on our Site.
Licenses and Site Access
Subject to these Site Terms, Expert Pictures grants you a limited
license to make personal use only of the Site. You may not, without
limitation: (a) make any resale or commercial use of the Site or its
content; (b) make any derivative use of the Site or its contents; or (c)
use any data mining, robots, or similar data gathering and extraction
methods within the Site. Except as expressly stated in these Site Terms,
you are not conveyed any right or license by implication, estoppel, or
otherwise in or under any patent, trademark, copyright, or proprietary
right of Expert Pictures or any third party. Elements of the Site, including
page headers, custom graphics, logos, sounds, images and button icons, are
protected by trade dress and other laws and may not be copied or imitated
in whole or in part. You may not use, frame or utilize framing techniques
to enclose any Expert Pictures trademark, logo or other proprietary information
(including the photographs and images found at this Site, the content of
any text and/or the layout or design of any page of the Site) without
Expert Pictures's express written consent. Further, you may not use any meta
tags or any other "hidden text" utilizing an Expert Pictures name, trademark,
or product name without Expert Pictures's express written consent. Any
unauthorized use of this Site will terminate the permission or license
granted by these Site Terms and may violate copyright, trademark and other
laws.
Acceptable Conduct
This Site includes Photo
Galleries and private and public Photo Albums, as well as other
interactive areas, including chat functions and bulletin boards. These
forums may be used only for non-commercial purposes. By using any forum or
interactive areas, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this
Site any photograph, image, graphic, message, data, information, text or
other material ("Content") that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent, deceptive, misleading, contains nudity or is
otherwise objectionable;
Upload to, distribute or otherwise publish through this
Site any Content that would convey expressions of bigotry, prejudice,
racism, hatred or profanity;
Upload to, distribute or otherwise publish through this
Site any Content that would constitute, assist or encourage a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national, or international law;
Upload to, distribute or otherwise publish through this
Site any Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any party, or
any Content that you do not have the lawful right to distribute and
reproduce;
Upload to, distribute or otherwise publish through this
Site any Content that may contain any viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
Impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity;
Impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity;
Artificially inflate, exaggerate or misrepresent the
number of accesses ("hits") to your Photo Album;
Without Expert Pictures's written permission, distribute or
publish unsolicited promotions, advertising or solicitations for funds,
goods or services, including junk mail and spam.
Expert Pictures takes no responsibility and assumes no
liability for any Content posted or uploaded by you or any third-party, or
for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider of
interactive services, Expert Pictures is not liable for any statements,
representations or Content provided by its users in any Photo Gallery,
Photo Album or other public forum or interactive area on the Site.
General
Expert Pictures owns and operates this site and the services (the "Expert Pictures System") offered on it. Expert Pictures has the right at any time to change or discontinue any aspect of the Expert Pictures System, including the content, hours of availability, and equipment needed for access to or use of the Expert Pictures.com System. You understand and agree that the Expert Pictures System is provided to you exclusively under Expert Pictures's Terms of Service. By completing the registration process, you are stating that you are an adult (18 years or older), that you have read and understand the Terms of Service, and that your agree to be bound by them. Expert Pictures, Inc. reserves the right to terminate your account at any time for any reason, including if Expert Pictures. learns that you have provided false or misleading registration information or have violated the Terms of Service.
Theft of service
Unauthorized use of the Expert Pictures service in distributing or disseminating
digital images or graphic content for purposes other than for direct display
within the Expert Pictures system is considered a violation of the Terms of Service. Any unauthorized
use of Expert Pictures Internet bandwidth not directly associated with the display of digital images
within digital photo albums is considered a violation, and an illegal theft of the Expert Pictures service.
Violators under this provision will be marked as such, and their IP address, account information, and usage
statistics will be monitored and logged for use in determining civil or criminal liability and
associated damages. Violators of this provision may also be subject to criminal or civil legal action, and will
be required to reimburse Expert Pictures for expenses directly related to unauthorized bandwidth charges and usage.
Theft of Expert Pictures services includes the intentional misuse of the website by
utilizing Expert Pictures bandwidth and storage facilities for the display of digital images for the benefit of a
third party, and includes but is not limited to the following:
This Site includes Photo
Galleries and private and public Photo Albums, as well as other
interactive areas, including chat functions and bulletin boards. These
forums may be used only for non-commercial purposes. By using any forum or
interactive areas, you agree not to do any of the following:
The uploading and storage of digital images onto the Expert Pictures system which are called from or loaded
on web pages within sites other than Expert Pictures. Uploading photos to Expert Pictures for use or display on auction sites, or discussion boards is a violation under our terms of service
The uploading and storage of Advertisement banners in the form of digital images with the intention to display
these banners on sites other than Expert Pictures, and utilizing Expert Pictures Internet bandwidth for such puposes
Expert Pictures takes no responsibility and assumes no
liability for any Content posted or uploaded by you or any third-party, or
for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider of
interactive services, Expert Pictures is not liable for any statements,
representations or Content provided by its users in any Photo Gallery,
Photo Album or other public forum or interactive area on the Site.
Enforcement
Expert Pictures has the right, but not the
obligation, to monitor any activity and Content associated with Photo
Galleries, Photo Albums, any public forums and interactive areas, or any
other areas on the Site. Expert Pictures may investigate any reported violation
of its policies or complaints and take any appropriate action that it
deems appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, and/or removal of posted
Content. Expert Pictures reserves the right and has absolute discretion, to
remove, screen or edit any Content that violates these provisions or is
otherwise objectionable. Expert Pictures also reserves the right to report any
activity that it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect Expert Pictures's
systems or customers, or to ensure the integrity and operation of
Expert Pictures's business and systems, Expert Pictures may access and disclose any
information it considers necessary or appropriate, including, without
limitation, user profile information (i.e. name, e-mail address, etc.), IP
addressing and traffic information, usage history, and posted Content.
Expert Pictures's right to disclose any such non-confidential or non-privileged
information shall govern over any terms of Photogra's Privacy Policy.
Only A Forum
The Photo Galleries, Photo Albums or
other public forums and interactive areas on the Site act as the venue for
users to post their own Content, including photographs. Expert Pictures does
not and cannot review all Content posted or uploaded to the Site, and is
therefore not responsible for this Content. You acknowledge that by
providing you with the ability to distribute your Content on the site,
Expert Pictures is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any Content.
You may find other user's Content to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using our Site.
License and Idea Submission
You agree to grant to
Expert Pictures a non-exclusive, worldwide, royalty-free, perpetual license,
with the right to sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any Content you
submit to the Site by all means and in any media now known or hereafter
developed. You agree that you shall have no recourse against Expert Pictures
for any alleged or actual infringement or misappropriation of any
proprietary right in any Content you submit to us.
Your Indemnification and Release
You shall remain solely liable for
the Content you upload or transmit to Expert Pictures, including the Photo
Galleries, Photo Albums or other public forums and interactive areas on
the Site. You agree to indemnify and hold harmless Expert Pictures from any
claim, action, demand, loss, expense or damages (including attorneys'
fees) made or incurred by any third party arising out of or relating to
your conduct, your violation of these terms and conditions, or your
violation of any rights of a third party. In the event that you have a
dispute with one or more users, you release Expert Pictures (and our officers,
directors, agents, subsidiaries and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
All right title and interest in
individual photographs posted on the Site will remain the exclusive
property of the individual owner of the applicable photograph, and
Expert Pictures claims no copyright or other proprietary right in these works.
However, Expert Pictures does hold a copyright interest in the entire contents
of the Site (in the aggregate) as a collective work under the United
States and other copyright laws. The collective work includes works that
are licensed to Expert Pictures.
Copyright (c)2000-2026 Photogra, Inc. All Rights Reserved.
The collective work may also include works that are the property
of Expert Pictures's licensors, which are also protected by copyright and other
intellectual property laws. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download
portions of the material from the different areas of the Site solely for
your own non-commercial use. Any redistribution, retransmission, or
publication of any material or content on the Site is strictly prohibited
without the express written consent of the copyright owner. You further
agree not to modify or delete any proprietary notices from materials
downloaded from the Site, and Expert Pictures is not responsible
or in any manner liable for any such potential or actual infringement.
Trademarks
All trademarks, service marks, logos,
trade names, and any other proprietary designations of Expert Pictures used
herein are trademarks or registered trademarks of Expert Pictures. Any other
trademarks, service marks and trade names are the trademarks or registered
trademarks of their respective parties.
Links to Third Party Sites
The links throughout this Site will let you leave
Expert Pictures's Site. These links are provided as a courtesy only, and the
sites they link to are linked are not under the control of Expert Pictures in
any manner whatsoever. Therefore, Expert Pictures is in no manner responsible
for the contents of any such linked site or any link contained within a
linked site, including any changes or updates to such sites. Expert Pictures is
providing these links merely as a convenience, and the inclusion of any
link does not in any way imply or express affiliation, endorsement or
sponsorship by Expert Pictures of the site and/or any of its content therein.
Disclaimer
THIS SITE AND THE MATERIALS, PRODUCTS,
AND SERVICES AVAILABLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, Expert Pictures DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Expert Pictures DOES NOT REPRESENT OR WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE
SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Expert Pictures
DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights that vary from state to
state.
Limitation of Liability
Expert Pictures SHALL NOT
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE
SITE, OR THE PERFORMANCE OF ANY PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT
THE SITE, EVEN IF Expert Pictures HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Expert Pictures WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the
limitation of liability, so the foregoing limitation may not apply to you.
Termination
Notwithstanding any of these Site
Terms, Expert Pictures reserves the right, without notice and in its sole
discretion, to terminate your license to use the Site, and to block or
prevent future access to and use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
Notices
Except as explicitly stated otherwise, any
notices shall be given by postal mail to Expert Pictures Inc. Attn: Legal
Department, 1670 Northeast Expressway Atlanta, GA 30329 (in
the case of Expert Pictures) or to the email address you provide to Expert Pictures
during the registration process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you notice
by certified mail, postage prepaid and return receipt requested, to the
address provided to Expert Pictures during the registration process. In such
case, notice shall be deemed given 3 days after the date of mailing.
Miscellaneous
This Agreement shall be governed by
and construed in accordance with the laws of the State of New York,
exclusive of its provisions on conflicts of laws. In respect of any
dispute relating to this Agreement, the use of this Site, or the services
or products provided through this Site, any such dispute shall be brought
exclusively in a court of competent jurisdiction sitting in New York,
New York. The prevailing party shall be awarded reasonable attorney
fees, expert witness costs and expenses, and all other costs and expenses
incurred directly or indirectly in connection with the proceedings. Any
cause of action or claim you may have with respect to the Site must be
commenced within one (1) year after the claim or cause of action arises.
Expert Pictures's 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. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
Expert Pictures may assign its rights and duties under this Agreement to any
party at any time without notice to you. You acknowledge that the
provisions, disclosures and disclaimers set forth above are fair and
reasonable and your agreement to follow and be bound to them is not the
result of fraud, duress or undue influence exercised upon you by any
person or entity. Both parties agree that there are no representations,
promises, warranties or undertakings by you or Expert Pictures contrary to
those set forth above.