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Terms Of Use - MyCapture � a Second Street Media, Inc. Solution

Your Agreement with MyCapture � a Second Street Media, Inc. Solution:

Welcome to this MyCapture � a Second Street Media, Inc. Solution website. Following are the terms and conditions that govern your use of this website.

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MyCapture � a Second Street Media, Inc. Solution. ("myCapture" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

Privacy

MyCapture has a firm commitment to safeguarding your privacy. Please review myCapture's privacy policy. The terms of myCapture's privacy policy are considered part of these Terms of Use.

Ownership of This Website

This website is owned and operated by myCapture. All elements of this website, including, but not limited to, the general design and the myCapture content, are protected by trade dress, copyright, moral rights, trademark and other proprietary rights. In addition, you should assume that all of the content or other works featured, displayed or made available to you through this website or the myCapture service, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (together, the "Content"), is protected by copyright or other proprietary rights. The use of the Content in any manner by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or where specific permission is provided elsewhere on this website.

You are not entitled to duplicate, retransmit, create derivative works of, distribute, display or perform any portion or element of this website or the Content without the express permission of, in the case of the website, myCapture, and in the case of Content, the owner of that Content. This website, its Content and all related rights shall remain the exclusive property of myCapture or the respective owner thereof unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via this website may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your Conduct

The actions further described below or a breach by you of these Terms of Use, will constitute grounds for blocking your access to our service, and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:

Provide any information to myCapture that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
Incorporate any Content in any advertising or promotional materials, or in materials, goods or services for which you receive fees or other consideration, whether directly or indirectly through barter, advertising, sponsorship or otherwise;
Resell, license or otherwise distribute any Content, whether on a stand-alone basis, as derivative works, or incorporated into other works;
Use any Content that contain recognizable persons, entities or business names in a manner that suggests their association with or endorsement of any product or service;
Interfere with or disrupt (or attempt to interfere with or disrupt) this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
Use any Content that contain products, trademarks, or service marks in a manner that suggests their association with any other products or services;
remove or disable, or attempt to remove or disable, any proprietary notices or markings (including digital watermarks) that may be included with the images; or transfer or sublicense any of your rights under this license; or
use any Content in a manner that is pornographic, defamatory, libelous, or otherwise unlawful.

In addition, for images purchased in hard copy (print) form, you may not recreate or reproduce the images, in whole or in part, including by photographing, photocopying, scanning, faxing or any other means. Thus, the hard copy you receive from us is the only copy you may use.

myCapture reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Use have been violated. In addition, myCapture reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of myCapture or others.

You shall indemnify myCapture and its subsidiaries, shareholders, directors, officers, affiliates, agents, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of this website or the Content and related rights.

Trademarks

"MyCapture,", the MyCapture logo and all related graphics, logos and service names are the property of MyCapture. All other trademarks logos and service marks (collectively, the "Trademarks") appearing on this website are Trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of its respective owner. Your use of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms of Use, is strictly prohibited.

myCapture respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact myCapture's agent for notice of claims of copyright infringement, Matt Coen who can be reached at copyrightconcerns@mycapture.com, or at Second Street Media, Inc., P.O. Box 11872 St. Louis, MO 63105. You must provide our agent with the following information, which myCapture may then forward to the alleged infringer:

Describe the copyrighted work that you believe has been infringed;
Identify the material on this website that you believe infringes your work, with enough detail so that we may locate it on this website;
Provide your address, telephone number, and email address;
Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and, and
Provide your physical or electronic signature.

Upon receiving your complaint, myCapture may remove content that you believe infringes your copyright. In addition, myCapture may terminate the account of the member who appears to be infringing your intellectual property rights.

Images and Third Party Content

MyCapture is a distributor of images and other content supplied by third parties on this website. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of MyCapture or its affiliates, or any of its shareholders, officers, directors, employees or agents (the "MyCapture Parties"). Neither the MyCapture Parties nor any third party, including content providers, sponsors and licensors, guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

MyCapture neither endorses, nor is responsible for the accuracy or reliability of, any opinion, advice or statement made on this website by anyone other than an authorized MyCapture employee. Further, descriptions of and references to products do not imply endorsement of that product. Under no circumstances shall any of the MyCapture Parties be liable for any loss or damage caused by a user's relying on or being exposed to information obtained from or contained on this website. It is the responsibility of the user to evaluate the information, opinion, advice, or other content available through this website.

No Monitoring Of Content

myCapture does not control the Content and does not have any obligation to monitor such content for any purpose. All Content provided by a user of this service is the sole responsibility of that user, not myCapture.

Disclaimers

THIS WEBSITE, THE CONTENT AND ITEMS SOLD ON THIS WEBSITE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. MYCAPTURE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MYCAPTURE, NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR PROVISION OF, INABILITY TO USE, OR PERFORMANCE OF, THIS WEBSITE, MYCAPTURE'S SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, EVEN IF MYCAPTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MYCAPTURE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

MyCapture uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the MyCapture website; however, these other websites are not controlled by MyCapture and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against MyCapture regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law, Venue, and Arbitration

This Agreement shall be interpreted, construed and governed by the laws of the State of Missouri, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of Missouri in Saint Louis County. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, MyCapture shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of MyCapture, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.

No Waiver, Severability

No action of MyCapture, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use. Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between MyCapture and you relating to your use of this website.

Refund Policy

We always want you to receive the complete, accurate order. If you are missing items or received the wrong items, please send us an e-mail (support@mycapture.com) or call our customer support line (877-843-2900) with the following information:

Your name
Your mailing address
Your order number
The items you received in error or the items you are missing

If you are not satisfied with your order for any other reason, we would still be happy to offer you a refund, excluding shipping and handling charges.

Send returns to:

Returns/MyCapture
Suite A
1890 Beaver Ridge Circle
Norcross, GA 30071

Also, be sure to include a note with the following information:

Your order number
The reason for the return
Your request for a reprint or refund

Please be sure to send your return merchandise back soon, as we are only able to process reprints or refunds within 30 days of the date the order was placed.

� 2013 MyCapture � a Second Street Media, Inc. Solution. All rights reserved. Terms of Use

MyCapture, Inc. - A Second Street Media, Inc. Solution

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