PPA.com is the interactive Web site operated on the Internet by Professional Photographers of America (PPA), consisting of informational services and content provided by PPA, affiliates of PPA and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of PPA.com.
(A) This Agreement sets forth the terms and conditions that apply to use of PPA.com by Subscriber. By using PPA.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use PPA.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) PPA shall have the right at any time to change or discontinue any aspect or feature of PPA.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. PPA's Find a Photographer Search Engine and Photographer Directory
In exchange for access to the information in PPA's Photographer Directory and Find-a-Photographer search engine, hereafter "search engine," all users must agree to the following terms and conditions.
Permitted uses of the directory and search engine include obtaining information for the purpose of hiring a photographer for an assignment and may also be used by professional photographers as an online directory that provides the means to contact their fellow professionals.
However, any use of the search engine related to marketing a product or service to the individuals and companies listed in the search engine is strictly prohibited. This prohibition extends to all individuals and companies, regardless of membership status in PPA. Users of the search engine who violate these terms agree to pay liquidated damages to Professional Photographers of America in the sum of $50 for each member record that is viewed or obtained for unauthorized purposes.
While members of the Professional Photographers of America (PPA) are listed in this directory, PPA is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. PPA does not assume any responsibility for the actions, product, and content of all these and any other third parties. You should carefully review their conditions of use.
4. Changed Terms
PPA shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of PPA.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PPA.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of PPA.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of PPA.com and all charges related thereto.
6. Subscriber Conduct
(A) Subscriber shall use PPA.com for lawful purposes only. Subscriber shall not post or transmit through PPA.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PPA’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in PPA's discretion restricts or inhibits any other Subscriber from using or enjoying PPA.com will not be permitted. Subscriber shall not use PPA.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online informational services competitive with PPA.com.
(B) PPA.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of PPA.com are copyrighted as a collective work, and as works of contributing photographers, under the United States copyright laws. PPA.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Images used on this site were obtained from PPA member photographers who own the exclusive copyright to those works, or purchased from stock photography agencies. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of PPA and the copyright owner(s). In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post, or otherwise make available on PPA.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PPA.com, Subscriber automatically grants, or warrants, that the owner of such material has expressly granted PPA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store, or reproduce the material for that Subscriber's personal use. Subscriber hereby grants PPA the right to edit, copy, publish, and distribute any material made available on PPA.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of PPA, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF PPA.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER PPA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT PPA.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PPA.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PPA.COM.
(B) PPA.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PPA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL PPA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING PPA.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PPA.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PPA.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER PPA, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PPA.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PPA, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER PPA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS, WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
PPA shall have the right, but not the obligation, to monitor the content of PPA.com, including Find-a-Photographer search engine, chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PPA and to satisfy any law, regulation or authorized government request. PPA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PPA.com. Without limiting the foregoing, PPA shall have the right to remove any material that PPA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify, and hold harmless PPA, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PPA.com by Subscriber or Subscriber's Account.
Either PPA or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, PPA shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which PPA, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
PPA, PPA.com, OurPPA, OurPPA.com, PPA Today, Find-a-Photographer, Imaging USA, Studio Management Services, My PPA, Super Monday, PPA Charities, Industry Insider, Vital Signs, and each of their logos are trademarks of Professional Photographers of America. All rights reserved. All other trademarks appearing on PPA.com are the property of their respective owners.
12. Third Party Content
PPA.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, PPA has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of PPA.com, are those of the respective author(s) or distributor(s) and not of PPA. Neither PPA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through PPA.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with PPA. PPA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on PPA.com by anyone other than authorized PPA employee spokespersons or members of PPA’s Board of Directors while acting in their official capacities. Under no circumstances will PPA be liable for any loss or damage caused by a Subscriber's reliance on information obtained through PPA.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through PPA.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
This Agreement and any operating rules for PPA.com established by PPA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Copyrights and Copyright Agent
PPA respects the rights of all copyright holders, and in this regard, PPA has adopted and implemented a policy that provides for the termination--in appropriate circumstances--of subscribers and 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 PPA’s Copyright Department the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Professional Photographers of America
Copyright & Government Affairs Department
229 Peachtree Street NE, Suite 2200
Atlanta, Georgia 30303
For Web posting, reprint, transcript or licensing requests for PPA material, please contact firstname.lastname@example.org.
For any questions or requests other than copyright issues or licensing requests, please contact email@example.com.