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Terms Of Service

Thank you for using Click Image! Please read this Photographer's Terms of Service Agreement (the "Agreement") carefully. Before the Services (as described in Section 1 below) offered by Click Image on this website (the "Click Image Website") can be made available to You, You must check the "I Accept" checkbox during Sign Up to indicate that You agree to become bound by the terms and conditions of this Agreement (the "Terms"). By entering and using the Click Image Website, You agree to accept and be bound by all of the Terms. If you do not agree with the Terms, please do not access or use the Services offered on the Click Image Website.

Your acceptance of this Agreement creates a legally binding contract between You and Click Image in which You agree to use the Services only in a manner consistent with the Terms. The Terms are subject to change and may be updated at any time. Click Image will inform You of changes and updates to this Agreement by posting notices on the Click Image Website. Please visit the Click Image Website regularly for information concerning any such changes and updates. You should also review this Agreement regularly to be aware of the most current Terms. Use of the Click Image Website following any such change or update to this Agreement constitutes Your acceptance of this Agreement as modified.

This Agreement is made by and between Click Image, LLC ("Click Image") and You ("Photographer").

1. Click Image Services Overview
Click Image offers Photographer a comprehensive suite of services, including e-commerce reprint order processing, online image storage, and a business listing with website, as described more fully below (collectively, the "Services"). Click Image offers the Services solely for Photographer's own use, and not for the use or benefit of any third party. Click Image may suspend, change or discontinue any or all of the Services at any time without notice or liability. Click Image reserves the right to cancel or deny Photographer's right to access and use the Click Image Website if Click Image reasonably believes that Photographer is in breach of this Agreement. Except as permitted in this Agreement, Photographer is prohibited from reselling any of the Services or acting as a service bureau for the Services.
  1.1 Online Event Proofing and Galleries
Click Image will publish Photographer's images on the Click Image Website. These images will be presented as events or galleries, according to Photographer's preferences.
    1.1.1. ClickImage Complete™ Fulfillment (ClickImage Labs does the printing & delivery)
Photographer may select a fulfillment option in which Click Image bears the responsibility for the timely processing and shipping of all orders directly to Photographer's customers or users (collectively, the "Customers") in accordance with the terms of the order. This option is referred to in this Agreement as the "Click Image Fulfillment Program." Click Image will notify Photographer of an order at the time it is placed and use its best commercial efforts to print and prepare each order for shipment through a designated shipper the next Business Day for orders received by 9:00 a.m. (PST) ("Business Day" is defined as Monday through Friday, inclusive). Click Image will send Photographer confirmation of order completion within twenty-four (24) hours of shipment to the Customer. Click Image will notify Photographer of any returns, refunds, or fee disputes by any Customer.

1.1.2. Independent Fulfillment (Photographer does the printing & delivery)
Orders may also be processed by Photographer through the "Independent Fulfillment." Using this option, Photographer bears the full responsibility for the timely processing and shipping of all orders directly to Photographer's Customers in accordance with the terms of the order. If Photographer elects to use the Photographer Fulfillment Program, Photographer will notify Click Image of the shipment of any order within twenty-four (24) hours of shipment. Furthermore, Photographer is obligated to notify Click Image immediately of any returns, refunds, or fee disputes by or with any Customer. In addition, Photographer will notify Click Image of order shipments, price alterations, and any other information using the Photographer Account Center which may be accessed on the Click Image Website. Photographer may also choose to handle the financial transaction independently or have Click Image handle the financial transaction on Photographer's behalf subject to the Terms set forth below.
  1.2. Online Image Storage
Photographer may create light boxes in which to store, organize and edit images online. Photographer may also order photo products at wholesale prices from any light box. Photographer must retain a functional backup copy of all data stored on the Click Image Website. Click Image makes no representation, warranty or guaranty that it will be able to restore any images from its server or backup systems that are lost, corrupted, erased, damaged or altered in any way. Click Image is NOT responsible for any such loss, corruption, erasure, damage or alteration to any image.
  1.3. Business Listing, Website and E-mail
Click Image also offers Photographer the option of promoting Photographer's services online by establishing a business website on the myphotographer.com photographer search engine (the "Business Website"). Photographer's Business Website will link potential customers to Photographer's website created by Click Image. These Business Websites are optimally structured and highly visible and are an ideal venue for Photographer to showcase Photographer's products and services with portfolios, business information, and links to their events and galleries. Photographer may also establish browser-accessible (i.e., accessible from an Internet connection anywhere in the world) business E-mail accounts for communication and correspondence with Customers.
2. ClickImage Complete™ Details (ClickImage Labs does the Printing & delivery)
Using the ClickImage Complete™ Fulfillment option, ClickImage Labs will process the financial transaction, fulfill and deliver the order.
  2.1. Product Wholesale Costs & e-Commerce Fees
Under the ClickImage Complete™ Fulfillment Program, Photographer's Customer will pay Click Image in advance for all orders. Click Image will retain the wholesale costs of the Click Image fulfillment products, plus a ten percent (10%) e-commerce transaction fee based on the gross order payment (not including shipping and handling fees and taxes), plus a three percent (3%) payment processing fee based on the gross order (including shipping and handling fees and taxes) plus a $.30 per order fee for orders paid for by PayPal. The balance of each order, minus any returns and chargebacks due to Click Image for prior orders and minus fees due and payable to Click Image for any other Services previously rendered to Photographer, will be sent to Photographer as part of Photographer's next occurring Royalty Payment (as described in Section 4 below) upon shipment of the order.
  2.2 Sales Tax
For orders made under the ClickImage Complete™ Fulfillment Program, Click Image shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, orders whose originator is within California, or orders where the address for the credit card being billed is within California. Orders placed by Photographer that are intended for resale by Photographer's Customer shall be exempt from California sales tax withholding, provided Photographer provides Click Image with all necessary supporting documentation. Notwithstanding the above, Photographer and/or Photographer's Customers shall be solely responsible for any and all sales or other applicable taxes that may be due and payable.
  2.3 Print/Product Returns
Click Image shall be responsible for Customer returns of products processed through the Click Image Fulfillment Program if the products have unsatisfactory color replication and/or are damaged prior to deposit with a designated shipper, as determined by Click Image in its sole discretion. In such instances, Click Image's sole responsibility will be to reprint the product and pay for the shipping costs for the replacement product to the Customer or Photographer. If after replacement of the defective product the Customer or Photographer remains unsatisfied, Click Image will refund the amount of the order for the defective products, minus a fifteen percent (15%) processing fee based on the refunded amount. Click Image shall not be responsible for the print quality or content that is a result of the digital photograph submitted by Photographer, as determined by Click Image in its sole discretion.
3. Independent Fulfillment Details (Photographer does the printing & delivery)
Using the Independent Fulfillment option, Photographer shall be deemed the seller of all prints and any other products or services sold through any Independent Fulfillment event or gallery.
  3.1 e-Commerce Fees
If Photographer chooses to have Click Image collect the order total from their Customer at the time the order is placed, Photographer must set up the Independent Fulfillment event or Photographer Fulfillment gallery with the "Online Payment" option. Click Image will retain a ten percent (10%) e-commerce transaction fee based on the gross order payment (not including shipping and handling fees and taxes), plus a three percent (3%) payment processing fee based on the gross order (including shipping and handling fees and taxes) plus a $.30 per order fee for orders paid for by PayPal. The balance of each order, minus any returns and chargebacks due to Click Image for prior orders and minus fees due and payable to Click Image for any other Services previously rendered to Photographer, will be forwarded to Photographer as part of Photographer's next occurring Royalty Payment upon receiving notification that the order has been shipped by Photographer and after allowing for a fourteen (14) day customer satisfaction period.

If Photographer chooses to accept payments directly from Photographer's Customers, Photographer must set up the Independent Fulfillment event or Independent Fulfillment gallery with the "Manual Payment" option. Under the Manual Payment option, Photographer will be responsible for handling the financial transaction for all orders. Click Image expressly disclaims all liabilities relating to Photographer exercising the Manual Payment option including, without limitation, costs and expenses relating to Customer complaints. No money is collected online and no e-Commerce fee is applied to the order using Independent Fulfillment with the "Manual Payment" option. However, an per image insertion fee is applied during the publication of the event or gallery.
  3.2 Sales Tax
For orders made under the Photographer Fulfillment Program, Photographer shall be solely responsible for, and will file on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees and payments under this Agreement. Photographer shall be solely liable for, and shall indemnify Click Image against, any failure by Photographer to pay any applicable taxes. Photographer shall notify Click Image of each and every jurisdiction in which sales taxes are due by creating a Sales Tax Schedule and applying it during the set up process of an event or gallery. Click Image shall not be liable for any shortfall between taxes collected by Photographer on any Photographer Fulfillment order and taxes due any payable by Photographer.
  3.3 Print/Product Refunds
Photographer shall be responsible for returns of any and all products originating from a Photographer Fulfillment order. In the event that a Customer requests a refund for any reason, the e-commerce transaction fee, payment processing fee, and/or online payment processing fee originally collected by Click Image will not be refunded.

If the Photographer Fulfillment order was paid for by using the Online Payment option, Photographer will be responsible for refunding any amounts to be refunded to Photographer's Customer by Photographer's own means or by using the Photographer Account Center on the Click Image Website. If Photographer uses the Photographer Account Center to refund amounts due to a Customer, Click Image will not process the refund until any royalties previously paid to Photographer in connection with the amounts to be refunded have been remitted to Click Image or debited to Photographer's account (provided such debit does not leave a balance owing to Click Image).
  3.4 Chargebacks
A chargeback occurs when a Customer disputes a charge on the Customer's credit card with the credit card company. Photographer shall be responsible for chargebacks of any and all charges originating from an Independent Fulfillment order. The amount of the chargeback plus a twenty dollar ($20.00) chargeback fee will be due to Click Image at the next statement processing date. Click Image will debit Photographer's account for such amount against any payment due Photographer as shown on such statement. If the amount of the chargeback is greater than the amount payable to Photographer on the next statement processing date, Photographer will remit the amount due to Click Image within seven (7) days.
4. Statements and Royalty Payments
Click Image will begin processing monthly statements for Photographer's account thirty (30) days after Photographer's membership activation date. Photographer can choose to increase the frequency of statement processing to twice a month, weekly, or daily. Statement processing dates which fall on a weekend or holiday will be moved to the next Business Day. Statements will only be made available on the Click Image Website to Photographer's account. If a Royalty Payment is due and payable to Photographer, statements will be subject to a statement processing fee as outlined in the table below.

Method of Payment Royalty Payment Fee (USD) *
No Payment Due None
Direct Deposit (USA & Canada Only) $1.00
PayPal $1.50
Check by Mail (USA Only) $2.50
Check by Mail (Canada Only) $3.00
*All currency references are in U.S. dollars.
5. Fees and Charges
Fees for Click Image services and charges for Click Image wholesale costs will be assessed according to Click Image's price list as set forth on the Click Image Website. The price list, product availability and promotional offers are subject to change without prior notice at Click Image's sole discretion. Photographer is responsible for payment of all fees, charges, and taxes accrued on Photographer's account under this Agreement. Failure to pay fees and charges in a timely manner may result in termination of Photographer's account. All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of Services, as well as charges related to goods and services provided by third parties and made available to Photographer by Click Image through the Click Image Website or otherwise. Photographer will not be entitled to any credits, rebates, or refunds for times when the Click Image Website is down or otherwise unavailable.

Photographer will have the ability to upgrade or downgrade the Services at any time during Photographer's monthly billing cycle. Any such upgrade or downgrade will take effect immediately. For any upgrade in Services, Photographer's account will automatically be refunded an amount equal to the rate for the lower level of Services that Photographer has paid for multiplied by the number of days remaining in the month, and charged an amount equal to the rate for the higher level of Services that Photographer is requesting multiplied by the number of days remaining in the month. Photographer's established billing date will not change. For any downgrade, Photographer's account will be refunded a pro-rata amount based on the number of days remaining in the monthly billing cycle. Any refunds will be credited to Photographer's account in the next monthly statement.

Photographer acknowledges and agrees that the fees and rates set forth in this Agreement are subject to change in the sole discretion of Click Image. In the event of any change in the fees and rates quoted in this Agreement, Click Image will provide an advance notice to Photographer by posting such change on the Click Image Website. Photographer further acknowledges and agrees that Click Image is entitled to make adjustments, corrections and/or setoffs against any amounts owing to Photographer under this Agreement in order to satisfy any amounts due and owing from Photographer to Click Image.
8. Photographer Responsibilities
  8.1. Copyright
Photographer and/or Photographer's Customers retain all rights in any material uploaded to the Click Image Website ("Content") by Photographer or others authorized to do so by Photographer. Content submitted to the Click Image Website is assumed to be the copyrighted property of Photographer or Photographer's Customers. No Content may be placed on the Click Image Website by anyone without the written permission of the copyright owner, or persons authorized by the copyright owner to grant such permission. Photographer is responsible for obtaining the necessary permission before permitting any Content to be placed on the Click Image Website. Photographer is solely responsible for any copyright violations that may occur or arise in connection with any Content.
  8.2. License and Ownership of Work Product
Click Image shall not gain any ownership interest in Photographer's Content except that Photographer grants Click Image a non-exclusive, royalty-free, fully paid, worldwide, perpetual (except as provided below), irrevocable license, with the right to reproduce, distribute, modify, make derivative works from, transmit, and publicly display any Content Photographer submits to the Click Image Website only for purposes of (a) displaying such Content in Photographer's listing, events and galleries on the Click Image Website, and (b) the production of personalized photo finished products or reprints ordered by Photographer or Photographer's Customers. Click Image disclaims ownership of all Content and will not resell or otherwise convey these rights to any third party. Click Image's license to any Content will terminate when Photographer removes such Content from the Click Image Website.
  8.3. Representations and Warranties
Photographer represents and warrants that: (a) Photographer has the right and unrestricted ability to grant the license to Click Image described in Section 8.2, (b) Photographer either owns the Content or has written permission from the Content owner to make such Content available on the Click Image Website, and (c) the Content does not infringe upon any copyright, right of publicity or privacy, or any other proprietary right of any person, whether contractual, statutory or common law
  8.4. Content
    (a) Limits. Photographer may not upload, or permit others to upload, material to the Click Image Website if that material (i) infringes or violates the rights of others, (ii) is, or may be perceived by Click Image or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate, (iii) contains any virus or other content that may damage or impair the Click Image Website, any of the Services offered by Click Image, the network, or any other customer's or user's equipment or software, or (iv) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Click Image Website, Click Image, or any customers or users.

(b) Content Monitoring. Click Image does not and cannot review all images and content provided to it, and is not responsible for such images. Click Image reserves the right to delete, edit or rearrange images or content that Click Image, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. All Content provided by Photographer is the sole responsibility of Photographer and not Click Image.

(c) Unauthorized Content. Photographer agrees not to send any Content to the Click Image Website which violates any term of this Agreement or any applicable law or regulation, including, without limitation, copyrighted or pornographic material. Click Image reserves the right to retain the Content and charge Photographer the full amount for any product or service including a service charge for handling of the order. Photographer acknowledges that it is Click Image's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Click Image Website and the Services offered by Click Image.

(d) Click Image Content. Except as permitted under this Agreement, Photographer may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through the Click Image Website. Photographer does not acquire any ownership rights to the Click Image Website or to any content or other materials viewed through the Click Image Website. The posting of content or other materials on the Click Image Website does not constitute a waiver of any right in such content or other materials.
9. Independent Contractor Relationship
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Click Image and Photographer. Photographer will not be entitled to any of the benefits which Click Image may make available to its employees, including, but not limited to, group health or life insurance, profit-sharing or retirement benefits. Photographer is not authorized to make any representation, contract or commitment on behalf of Click Image unless specifically requested or authorized in writing to do so by a Click Image officer. Photographer shall be solely liable for any failure to pay applicable taxes. No part of Photographer's compensation will be subject to withholding by Click Image for the payment of any social security, federal, state or any other employee payroll taxes.
10. Termination
Click Image agrees to terminate Photographer's account at any time upon notice from Photographer, at support@myphotographer.com.

Photographer agrees and acknowledges that Click Image, in its sole discretion, may terminate Photographer's account (or any part thereof) or use of the Click Image Website or any Services offered by Click Image, and remove and discard any of Photographer's Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Click Image Website, at any time, without notice, for any reason, including, but not limited to:
  (a) Photographer's account is in an inactive state for more than twelve (12) months;
(b) Conduct violating the terms and conditions of this Agreement or other policies or guidelines set forth by Click Image elsewhere on the Click Image Website;
(c) Conduct that Click Image believes is harmful to other Click Image customers or users, the business of Click Image, or other third party information providers; and
(d) Conduct that violates the letter or spirit of this Agreement.
Upon any termination of this Agreement for any reason, Photographer's access and other rights to the Click Image Website and any Services offered by Click Image will cease and be cancelled.

Further, Click Image, in its sole discretion, may require Photographer to remedy any violation of the Terms and/or take any other actions that Click Image deems appropriate to enforce its rights and pursue all available remedies. Photographer agrees that Click Image shall not be liable to Photographer or any third-party for any termination of their access to the Click Image Website or any Services offered by Click Image.

Upon termination of Photographer's account, Photographer will not receive a refund for any subscription fees previously charged to, or still remaining, on Photographer's account. In the event Click Image has to collect unpaid amounts owed to Click Image on Photographer's account, Photographer will be liable for all attorneys' and collection fees in connection therewith.
11. Domains
  11.1. myphotographer.com Subdomains
MyPhotographer.com subdomains are free. Click Image reserves the right to take and keep for itself any subdomain assigned to Photographer (such as Photographername.myphotographer.com) within the myphotographer.com domain. Click Image, in its sole discretion and without notice, may exercise such "eminent domain" powers over any or all such subdomains, and thereby cause Photographer to surrender Photographer's subdomain to Click Image without any compensation to Photographer or liability to Click Image.
  11.2. New Domain Registration
If Photographer registers a new domain name in conjunction with any of the Services, the following terms also apply:
    (a) Click Image has chosen eNom Domains, an ICANN accredited registrar for internet domain names, to provide domain name registration services. Photographer hereby authorizes Click Image to acquire Photographer's selected domain name from eNom Domains. In order to receive a domain name, Photographer must agree to eNom Domain's terms and conditions located at https://enom.com, as may be amended from time to time. Photographer understands that Photographer will be creating a separate contractual relationship between Photographer and eNom Domains, and that Photographer, and not Click Image, is responsible for all fees, expenses, liabilities, and obligations in connection with that relationship. Until Photographer's account with Click Image and this Agreement are cancelled or otherwise terminated, Click Image will pay Photographer's domain registration/renewal fees on behalf of Photographer as part of the Services offered by Click Image. Photographer agrees that Photographer's indemnification obligations described in Section 12 of this Agreement includes any claim or demand associated with any domain name, any domain name pre-registration services provided in connection with the Services offered by Click Image, or the terms and conditions required by eNom Domains in providing and registering any domain name.
(b) Photographer will be listed as the registrant and administrative contact in connection with the domain name, unless Photographer chooses another registrant and administrative contact. If Photographer chooses a registrant and administrative contact other than Photographer, such person(s) must enter into an agreement directly with eNom Domains and will be bound by this Agreement in addition to Photographer. Photographer hereby authorizes Click Image to list itself as the billing contact, technical contact and name server in connection with the domain name and to take any actions Click Image deems appropriate in those capacities. Upon termination of this Agreement, Click Image may immediately cease acting in those capacities and reserves the right to transfer Photographer's account to eNom Domains for collection of past-due amounts. In the event of such transfer, Photographer will authorize eNom Domains to serve as the billing contact, technical contact and name server in connection with Photographer's domain name, and to take any actions eNom Domains deems appropriate in those capacities. Upon termination of this Agreement, Click Image will not be responsible for forwarding any notices, emails or other correspondence to Photographer or for taking any other actions in connection with Photographer's domain name. Photographer will be solely responsible for all ongoing fees, as well as removing Click Image as the billing contact, technical contact and name server in connection with the domain name, unless Click Image notifies Photographer otherwise.
  11.3. Existing Domains
If, in connection with the Services offered by Click Image, Photographer chooses to use a domain name that Photographer has already registered with another provider, Photographer must request that the original registrar change the name servers for the domain name as designated by Click Image, on Photographer's behalf. PLEASE NOTE: IF PHOTOGRAPHER CHOOSES TO USE A DOMAIN NAME THAT PHOTOGRAPHER HAS ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO CLICK IMAGE FOR THE SERVICES WILL NOT INCLUDE REGISTRATION FEES OWED BY PHOTOGRAPHER TO PHOTOGRAPHER'S PRIOR PROVIDER, AND PHOTOGRAPHER WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH PHOTOGRAPHER'S CURRENT PROVIDER, INCLUDING RENEWAL FEES.
12. Warranty / Disclaimer / Limitation of Liability
Photographer acknowledges that use of the Click Image Website and the Services is at Photographer's sole discretion and risk. Photographer is solely responsible for any damage to Photographer's computer system, loss of data, or other harm that results from such use. The Click Image Website and the Services are not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Click Image Website. Click Image may, at its discretion, but shall not be obligated to, provide support for the Click Image Website and/or the Services. The Click Image Website is made available on an AS IS basis without warranty of any kind. CLICK IMAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Neither Click Image nor anyone else involved in creating, producing, or delivering the Services or any other services accessible through the Click Image Website, will be liable for any direct, incidental, special or consequential damages or liabilities, even if Photographer has been advised of the possibility of such damages, arising out of or in connection with this Agreement, the Click Image Website or the Services. In no event will the liability of Click Image for any breach of this Agreement exceed the total charges incurred by Photographer in the month preceding the date the claim for breach arose.