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 charge the cost of the product(s) being produced and a sales commission. The commission fee is based on your product sales total. Shipping/Handling and applicable taxes are paid directly by your clients and are not used in the calculation of the commission.

The commission percentage is based on your product sales total per payment period.
8% - $1000.00 and up
10% - $600.00 to $999.99
12% - $400.00 to $599.99
15% - $250.00 to $399.99
18% - $50.00 to $249.99
20% - $0.00 to $49.99

DIRECT / PHOTOGRAPHER ORDERS - Orders placed by you (the account holder) are billed only the cost of the product, shipping and applicable sales taxes. There are no commission charges for these orders.

PAYMENT PERIODS - The Payment periods (checks and online statements) for completed and shipped orders will be calculated twice per month (15th and last day of the month). Checks will be mailed within 10 days of the payment period. If you have a house account with us it must be current before your check will be issued.

ACCOUNT ACTIVITY - The OrderPicture.Com system is funded entirely by your online sales orders. We do not charge storage space, traffic, monthly or yearly membership, or sign-up fees. We do require that accounts remain active taking online sales orders by you and/or your clients so we can continue to offer quality service. Accounts that have had no sales orders for 60 days will be de-activated for public viewing. Accounts can be re-activated for another 60 day period by loging in to your account and placing a small photographers order. Accounts that have been de-activated for 6 months or more will be subject to removal from the system.

COPYRIGHTED MATERIAL - By presenting Images for sale on the web site, the user represents that they are the owner or lawful user of any copyrighted picture, image and text and have the ability to provide the picture, images and text for reproduction.

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.

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.

EXPIRED or INACTIVE EVENTS - You set the expiration date for each of your events. If an event expires you can alter the expiration date to extend the event at no charge. Events that have been expired for more than 90 days will be removed automaticallly 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.

CANCELLED ORDERS - Due to credit card processing fees and our rapid order fulfillment time (often within minutes), once an order is placed it is may not possible to alter or cancel the order. Call us at 877-344-4829 as quickly as possible to discuss any options.

ORPHANED ORDERS - If an order is placed and we are unable to complete and ship the order within 14 days due to non-response for a print file request from you, the order will be cancelled and the commission charges billed to the account.

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.

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.

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.

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.