Last updated: May 21, 2018
Welcome to UltimatePhotographers.com. UltimatePhotographers Services LLC and/or its affiliates (“UltimatePhotographers”) provide website features and other products and services to you when you visit or shop at UltimatePhotographers.com, use UltimatePhotographers products or services, use UltimatePhotographers applications for mobile, or use software provided by UltimatePhotographers in connection with any of the foregoing (collectively, “UltimatePhotographers Services”). UltimatePhotographers provides the UltimatePhotographers Services subject to the following conditions.
By using UltimatePhotographers Services, you agree to these conditions. Please read them carefully.
We offer a wide range of UltimatePhotographers Services, and sometimes additional terms may apply. When you use an UltimatePhotographers Service (for example, Your Profile, Gift Cards, UltimatePhotographers Video, Your Media Library, UltimatePhotographers devices, or UltimatePhotographers applications) you also will be subject to the guidelines, terms and agreements applicable to that UltimatePhotographers Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of UltimatePhotographers Services, to understand our practices.
When you use UltimatePhotographers Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other UltimatePhotographers Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any UltimatePhotographers Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of UltimatePhotographers or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any UltimatePhotographers Service is the exclusive property of UltimatePhotographers and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of UltimatePhotographers trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any UltimatePhotographers Service are trademarks or trade dress of UltimatePhotographers in the U.S. and other countries. UltimatePhotographers’s trademarks and trade dress may not be used in connection with any product or service that is not UltimatePhotographers’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UltimatePhotographers. All other trademarks not owned by UltimatePhotographers that appear in any UltimatePhotographers Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UltimatePhotographers.
One or more patents owned by UltimatePhotographers apply to the UltimatePhotographers Services and to the features and services accessible via the UltimatePhotographers Services. Portions of the UltimatePhotographers Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable UltimatePhotographers patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, UltimatePhotographers or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the UltimatePhotographers Services. This license does not include any resale or commercial use of any UltimatePhotographers Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any UltimatePhotographers Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by UltimatePhotographers or its licensors, suppliers, publishers, rightsholders, or other content providers. No UltimatePhotographers Service, nor any part of any UltimatePhotographers Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UltimatePhotographers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UltimatePhotographers without express written consent. You may not use any meta tags or any other “hidden text” utilizing UltimatePhotographers’s name or trademarks without the express written consent of UltimatePhotographers. You may not misuse the UltimatePhotographers Services. You may use the UltimatePhotographers Services only as permitted by law. The licenses granted by UltimatePhotographers terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own UltimatePhotographers account to use certain UltimatePhotographers Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. UltimatePhotographers does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the UltimatePhotographers Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their UltimatePhotographers Household. Alcohol listings on UltimatePhotographers are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. UltimatePhotographers reserves the right to refuse service, terminate accounts, terminate your rights to use UltimatePhotographers Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. UltimatePhotographers reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant UltimatePhotographers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant UltimatePhotographers and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify UltimatePhotographers for all claims resulting from content you supply. UltimatePhotographers has the right but not the obligation to monitor and edit or remove any activity or content. UltimatePhotographers takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
UltimatePhotographers respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from UltimatePhotographers are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
UltimatePhotographers does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, UltimatePhotographers does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .
UltimatePhotographers attempts to be as accurate as possible. However, UltimatePhotographers does not warrant that product descriptions or other content of any UltimatePhotographers Service is accurate, complete, reliable, current, or error-free. If a product offered by UltimatePhotographers itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on UltimatePhotographers and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on UltimatePhotographers.
With respect to items sold by UltimatePhotographers, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by UltimatePhotographers is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by UltimatePhotographers, such as the UltimatePhotographers App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .
SANCTIONS AND EXPORT POLICY
You may not use any UltimatePhotographers Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using UltimatePhotographers Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including UltimatePhotographers Software), technology, and services.
Parties other than UltimatePhotographers operate stores, provide services or software, or sell product lines through the UltimatePhotographers Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from UltimatePhotographers. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). UltimatePhotographers does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE UltimatePhotographers SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UltimatePhotographers SERVICES ARE PROVIDED BY UltimatePhotographers ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. UltimatePhotographers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE UltimatePhotographers SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UltimatePhotographers SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UltimatePhotographers SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, UltimatePhotographers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UltimatePhotographers DOES NOT WARRANT THAT THE UltimatePhotographers SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UltimatePhotographers SERVICES, UltimatePhotographers’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM UltimatePhotographers ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, UltimatePhotographers WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY UltimatePhotographers SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY UltimatePhotographers SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any UltimatePhotographers Service, or to any products or services sold or distributed by UltimatePhotographers or through UltimatePhotographers.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, UltimatePhotographers will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any UltimatePhotographers Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and UltimatePhotographers.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of UltimatePhotographers Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1822 Whites Rd., Suite #407, Pickering, Ontario L1V 0B1
ADDITIONAL UltimatePhotographers SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with UltimatePhotographers Services (the “UltimatePhotographers Software”).
Use of the UltimatePhotographers Software. You may use UltimatePhotographers Software solely for purposes of enabling you to use the UltimatePhotographers Services as provided by UltimatePhotographers, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the UltimatePhotographers Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the UltimatePhotographers Software in whole or in part. All software used in any UltimatePhotographers Service is the property of UltimatePhotographers or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the UltimatePhotographers Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the UltimatePhotographers Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the UltimatePhotographers Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the UltimatePhotographers Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other UltimatePhotographers or third-party terms applicable to any portion of UltimatePhotographers Software, such as open-source license terms, such other terms will control as to that portion of the UltimatePhotographers Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
UltimatePhotographers accepts service of subpoenas or other legal process only through UltimatePhotographers’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
1822 Whites Rd., Suite #407, Pickering, Ontario L1V 0B1
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for UltimatePhotographers devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.