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Terms of Service

By ordering products you are entering into a legal, binding agreement with Mad Images, Inc dba Madison Photo Works, Madison Pro Photo.

You agree and covenant with Mad Images, Inc dba Madison Photo Works, Madison Pro Photo (hereinafter “Madison Photo Works”) as follows:

You understand that Madison Photo Works respects copyrights. You represent and warrant that you have the legal right to all images you submit to us for any reason. Images made by other photographers are protected by copyright and must be accompanied by an executed consent form. Protected images include, but are not limited to, those provided to you by other photographers, images found on websites, in magazines, books or other sources. You represent that you are familiar with the copyright laws governing reproduction of copyrighted materials. You agree that each time that you submit images to Madison Photo Works in any format (whether digital, film, prints, artwork or otherwise, hereafter referred to as the “works”), you are the copyright owner, and you authorize Madison Photo Works to perform the activities requested with the works, including the preparation and publication of derivative works, or that if you are not the copyright owner, then you have received the prior license from the copyright owner to submit the works to Madison Photo Works and license for Madison Photo Works to perform the activities requested with the works, including the preparation and publication of distributive works. You agree to defend and indemnify Madison Photo Works from all expenses and liability arising from Madison Photo Works performing the requested activities at your request, regardless of legal theory, including violation of statute, Madison Photo Works’s negligence, your breach of this agreement, or otherwise.

You agree not to upload, post, order for print, email or otherwise transmit any unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive, hateful, or otherwise objectionable content. You further agree not to transmit any content harmful to minors in any way, including, but not limited to, content that violates federal and state child pornography laws and child sexual exploitation laws.

You agree not to forge or modify identifiers in order to disguise the origin of any content transmitted to this site. You agree not to upload, post, email or otherwise transmit any material that contains computer code, software viruses, programs, or files designed to limit functionality, interrupt, gather data or destroy any computer software or hardware. You agree not to violate any policies or regulations, procedures, requirements, of networks connected to this site or interfere with or disrupt (or attempt to interfere with or disrupt) this site or networks or computers connected to this site.

Submitting any film, print, slide, negative, magnetic, or optical storage media to Madison Photo Works for processing, printing, or other handling constitutes an agreement by you that any damage or loss by our company, subsidiary, or agents, will only entitle you to replacement with a like amount of unexposed film and processing or blank storage media. Except for such replacement, the acceptance of our company, subsidiary and/or agents of the film, print, slide, negative or storage media is without other warranty or liability, and recovery for any incidental or consequential damages is excluded. Madison Photo Works shall not be liable for any losses, damages or expenses, whether direct or consequential, due to or caused by delays in delivering a processed or printed product of Madison Photo Works to the customer.

Violation of any terms of this agreement will constitute grounds for blocking access to madisonphotoworks.com, removal of posted material, non-fulfillment of your order, or any part thereof, or seeking any other remedy available at law or equity. The Terms of Use of madisonphotoworks.com are incorporated by reference for all purposes and are made a part of this agreement as if set out verbatim herein. This agreement is the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms and conditions of this agreement shall remain in full force and effect. The failure of Madison Photo Works to act with respect to a breach of this agreement does not constitute a waiver and shall not limit Madison Photo Works’s rights.

You agree that the information that you provide to us on your account application and at all other times will be true, accurate, current and complete. You agree that you will notify Madison Photo Works immediately of such changes and that any change in ownership of your company voids this agreement. You authorize Madison Photo Works to charge orders to the credit card account that you provided with this application, or to any subsequent credit card you may provide when updating your account information. You further agree that if any credit card transaction is denied, Madison Photo Works will ship your orders COD.

You represent and warrant that you are the person whom you have represented yourself to be, and/or you have the authority to act on behalf of any entity or person on whose behalf you purport to act with regards to conducting business with Madison Photo Works. You agree that the laws of the State of Kentucky shall govern this agreement and that venue is proper in Kenton County, Kentucky.

 

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