Terms and Conditions of Use

By using Digital1to1.com service and website you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site.

WEBSITE USER AGREEMENT
These terms of use constitute a legal agreement between you and Digital 1 to 1 LLC. If you do not agree to these terms, please do not use this site. This site is owned and operated by Digital 1 to 1 LLC. All of the contents featured or displayed on this site, including, but not limited to photographs, images, videos, graphics, moving images, text, sound, illustrations and software (“Content”), are owned by Digital 1 to 1 LLC and/or its members, for use or display, on the website (www.digital1to1.com) only. All elements of this site, including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and all other laws protecting intellectual property rights including contract law pursuant to this agreement. No Content or portion thereof may be copied, reproduced, republished, uploaded, scanned, posted, transmitted, or distributed in any way, without Digital 1 to 1 LLC prior written permission, except that you may view the Content on any single computer monitor for review purposes only, provided you keep intact, without change all copyright, trademark and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Digital 1 to 1 LLC copyright, trademark, and/or other proprietary rights. The logo digital 1 to 1 and tagline “digital photography made simple™” are trademarks of digital 1 to 1 llc.
You agree to indemnify Digital 1 to 1 LLC and its affiliates against all losses, liabilities, expenses, costs or damages, including reasonable attorneys’ fees incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorized use of the Content.

PRIVACY POLICY STATEMENT:
Digital 1 to 1 LLC. and its web server, host, assigns and designees utilize some or all of the following practices in regard to any information that Digital 1 to 1 LLC is provided or obtains about users of this website.

You acknowledge that any information, personal or otherwise, transmitted to digital 1 to 1 llc by you may be used by digital 1 to 1 llc for any purpose, including dissemination or sale of such information to third parties. if you access another network or site through digital 1 to 1, you may be subject to substantially different practices, including practices that govern your private email and dissemination of information that may affect your privacy. the transmission of information to or from this site may not be secure.

You further acknowledge that any information, personal or otherwise, transmitted to digital 1 to 1 LLC by you or by any means whatsoever may be used by digital 1 to 1 LLC for the purpose of monitoring, policing and prosecuting claims for any suspected or actual violation of digital 1 to 1 LLC copyright and/or other intellectual property or proprietary rights of any kind. digital 1 to 1 LLC may share this information with legal counsel, investigators, other agents, or third parties.
When you visit this site, digital 1 to 1 LLC reserves the right to place a text file called a “cookie” in the browser directory of your computer’s hard drive. a cookie is a small piece of information that a website can store on your web browser and later retrieve. digital 1 to 1 LLC reserves the right to use cookies to examine your web-surfing behavior before or after leaving this website. if you do not agree with the terms of digital 1 to 1 LLC privacy policy statement, please do not use this site.

No modifications or changes to the privacy policy will be valid unless consented to in a writing signed by digital 1 to 1 LLC.

Legal disclaimers and notices disclaimer:
this website and its content are provided “as is” and digital 1 to 1 LLC and its assigns and designees exclude to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. digital 1 to 1 LLC does not warrant that the functions contained on or in this website will be uninterpreted or error-free, those defects will be corrected, or that this site or the server makes it available or free from viruses or other harmful components. digital 1 to 1 LLC does not warrant or make any representations regarding the use or the results of the use of the content in this site in terms of its correctness, accuracy, reliability, or otherwise. you (and not digital 1 to 1) assume the entire cost of all necessary servicing, repair or correction. applicable law may not allow the exclusion of implied warranties, so the above exclusion may or may not apply to you in whole or in part.

limitation of liability:
under no circumstances, including, but not limited to negligence, shall digital 1 to 1 LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the content in this site, or the site, even if digital 1 to 1 LLC or digital 1 to 1 LLC authorized representative have been advised of the possibility of such damages. applicable law may or may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall digital 1 to 1 LLC total liability to you for all damages, losses, liabilities of any kind, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

Other:
this agreement and all matters arising out of or relating to this agreement including but not limited to the use of this site and/or any content, shall be governed by and construed in accordance with the laws of the state of california, united states of america, without giving effect to any principals of conflicts of law. you agree to personal jurisdiction by the federal and state courts located in los angeles county, california, united states of america. you further agree not to assert or interpose any counterclaims in any proceeding brought against you relating to this agreement. if any provision of this agreement and/or the terms of use of this site shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. this is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by digital 1 to 1 LLC.

digital 1 to 1 LLC reserves the right to change and/or modify the privacy policy statement, terms of use, legal disclaimers and notices, rates and fees and all other matters related to this site, including the information and any contractual license terms that may be featured on this site, without notice.

Effective Date: August 7, 2008