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 have no upload, or monthly fees for active accounts. We only charge the cost of the product ordered and the commission fee. The commission fee percentage is based on your gross sales total less shipping and sales tax per billing period (twice per month). Sales totals of less than $1000 will be 10%, $1000 or more will be 8%. The individual placing the order pays handling/shipping and any applicable taxes.

PAYMENT PERIODS - The Payment periods (checks and statements) for orders fulfilled by OrderPicture.Com will be calculated twice per month. Orders will accrue until the check value is over $40.00. There is an option to cut checks under $40.00 and not accrue orders that can be activated by editing your client information on line. If that option is selected checks cut under $40.00 would have a $3.00 additional charge, checks cut over $40.00 would not have the $3.00 charge.

ACCOUNT DEACTIVATION - Client-accounts having no client order sales activity for 8 Payment Periods will be deemed inactive and disabled for public viewing. You may however continue to purchase orders directly as the photographer.

ACCOUNT REACTIVATION - Client-accounts that have been deactivated for public viewing may re-activate the account by purchasing a sample Buckshot coupon for 50% off lab costs ($25 minimum). This coupon can be used to purchase sample product to help boost your on-line sales.

NUMBER OF ONLINE IMAGES - There is no limitation on the number of events or images that may be on an active client-account.

EXPIRED EVENTS - Events that have been expired for 90 days or more will be removed from the website.

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.

RETURNED CHECK FEE - There will be a $30 charge for each returned check.

CANCELLED ORDERS - Due to credit card processing fees and the rapid order turn time provided by OrderPicture.Com once an order is placed it is not possible to alter it and it may not be possible to cancel it. Requesting an order be cancelled may still result in commission charges.

ORPHANED ORDERS - If an order is placed and we are unable to complete and ship the order within 20 days due to lack of non-response to a print file request or other problem outside our control the order will be cancelled and the commission charges billed to the account.

SALES TAX - Orders that are Fulfilled by OrderPicture.Com and 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.

COPYRIGHTED MATERIAL - By entering the Images into the online web site the user represents that they are the owner or lawful user of any copyrighted picture, images and text.

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.

PORNOGRAPHIC OR OBSCENE MATERIALS - State and federal law prohibit the distribution of obscene or
pornographic material. All images considered by OrderPicture.Com to be obscene or pornographic will be removed and
if in accordance to the law the proper authorities will be notified.

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.

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 EXPRESS OR IMPLIED - The above are the only warranties of any kind,
either express, 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 affected, including, without limitation, 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, terminate any registration and/or membership and/or deny access to any person or user at any time for any reason.