User Terms

Terms last amended April 4, 2004.

The following terms and conditions apply to your use of our Web site and service. Please read them carefully before you enter our Web site. By using our Web site, you indicate your acceptance of these terms and conditions.

THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND MOUNTAIN TOWN PHOTOS (THE “COMPANY”). BY USING COMPANY’S SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT OUR WEB SITE.

COMPANY MAY CHANGE THESE GUIDELINES AND/OR THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS INFORMATION ON OUR WEB SITE AT ANY TIME, WITHOUT NOTICE, AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO PERIODICALLY REVIEW THESE GUIDELINES AND THE TERMS AND CONDITIONS TO BE AWARE OF SUCH CHANGES. YOUR CONTINUED USE OF COMPANY'S SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF ANY CHANGE TO THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, YOU AGREE TO TERMINATE YOUR USE OF THE COMPANY'S SERVICES.

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS.

Web Site Ownership
This Web site is owned and operated by Mountain Town Photos. All our featured photographs are created by photographers who have provided them to Mountain Town Photos for worldwide sale and distribution. These images are protected by United States and international copyright law.

Use of Mountain Town Photographs
You can purchase the photographs featured on our Web site from Mountain Town Photos in the form of a photographic print. Photographs are intended for your personal use only. If you decide to purchase a photo (“Photo”), you may not reproduce, display, transmit, distribute, or otherwise exploit the Photo, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction or publication without the prior written consent of Mountain Town Photos.

Disclaimers
THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

While Mountain Town Photos uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to Mountain Town Photos, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Mountain Town Photos ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please e-mail us directly at support@mountaintownphotos.com with your request.

In addition, Mountain Town Photos is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk.

Mountain Town Photos and its partners will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, and special or punitive damages that may result from your access to or use of either this Web site or the photographs.

Indemnification
In the event that you reproduce, display, transmit, distribute, or otherwise exploit the Photos, or any portion thereof, in any manner not authorized by Mountain Town Photos, or if you otherwise infringe any intellectual property rights relating to the Photos or this Web site, you agree to indemnify and hold Mountain Town Photos and partners harmless against any losses, expenses, costs, or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the Photos and/or your breach of this terms of this Agreement.

Other Terms
This Agreement shall be governed by the laws of the State of California without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in the federal or local courts for the state of California and you consent to personal jurisdiction in these courts. In the event that Company is the prevailing party in any such action, you agree to be responsible for payment of Company’s reasonable attorneys' fees and costs.