This website is owned and operated by Ciderr Corp. ("Ciderr", "we", or "us"). The terms andconditions below apply to your use of this website and the content and services provided herein(collectively, the "Service"). They also apply to your purchases of any photographic prints andother photographic products offered by Ciderr through the Service. So please read these Termsof Service carefully. By using the Service or any portion thereof, you agree to be bound bythese Terms of Service. If you do not agree to be bound by these Terms of Service, do notuse the Service. You must be at least eighteen (18) years of age to use the Service. If you arenot at least eighteen (18) years of age, do not use the Service. We reserve the right to modifythe terms and conditions contained herein at any time in our sole discretion. So you mustcheck these Terms of Service periodically for changes. Your continued use of the Service orany portion thereof following the posting of such changes (including but not to any changes toCiderr's Privacy Policy, which is referenced below) will mean that you accept such changes.
Ciderr hereby grants you a limited, non-exclusive, non-transferable license to use the Servicesolely in accordance with these Terms of Service. You may only use the Service as expresslyprovided herein. Ciderr strives to make the Service available twenty-four (24) hours a day,seven (7) days a week. However, there may be occasions when the Service will be interruptedfor maintenance, upgrades, repairs, or other reasons. You agree that Ciderr will not be liablefor any such interruptions. You further agree that, except as otherwise expressly providedin a separate written agreement between Ciderr and you, Ciderr may modify, suspend, ordiscontinue the Service or any portion thereof at any time and without notice.
To obtain a Ciderr account, you must register as a member. You agree that all information youprovide to us in the registration process will be accurate, current, and complete, and that youwill update this information from time to time as necessary to keep it accurate, current, andcomplete. You will be assigned, or will be asked to choose, one or more passwords when youregister as a member. You must keep your passwords confidential. You are responsible for allactivities that occur under your passwords. You must notify Ciderr immediately if you believeany of your passwords are no longer confidential, or if you believe someone has used anyof your passwords without authorization. Ciderr may, at any time and for any reason, requireyou to choose a new password. Except as otherwise expressly provided in a separate writtenagreement between Ciderr and you, Ciderr may cancel or discontinue your member account atany time and for any reason.
You agree that you will not use the Service or any portion thereof:
Ciderr does not provide, guarantee, or endorse any of the products or services advertised orpresented by photographers in the Ciderr Photographer Directory. All dealings, understandings,and agreements regarding such products and services are solely between you and thephotographer. Any dispute you have with a photographer found through the Directory is solelybetween you and that photographer.
From time to time the Service may include bulletin boards, chat rooms, or other such forums("Forums"). Except as otherwise noted, any information and opinions expressed in the Forumsare not those of Ciderr. You are solely responsible for all content you post on or submit to theForums, and such content must comply with these Terms of Service. You acknowledge andagree that Ciderr has no obligation to monitor the Forums and you are not relying upon Ciderrto monitor the Forums. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT CiderrWILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANYKIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OROTHERWISE) RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN ORTHROUGH THE FORUMS.
The Service may contain links to third-party websites. Ciderr does not endorse those sites,and has no control over the content or availability of those sites. Your access and use of suchwebsites is at your own risk. Further, it is your responsibility to become familiar with the terms ofservice and other policies governing your use of those sites.
Except for the photographs and other content provided by you and/or third parties, all ofthe content on this website (including without limitation the graphics, design, and look andfeel) is owned by Ciderr and is protected by United States and international copyright,trademark, and/or other intellectual property rights laws. All of the photographs featured onthis website were created by photographers who have provided them to Ciderr for worldwidesales and distribution. Those photographers retain the copyrights in their photographs,and have merely granted to Ciderr a license to post such photographs on the website andprovide the corresponding Products and Services offered herein. All of the content on thiswebsite other than the content provided by you is referred to herein as the "Content." Youmay view the Content for personal, non-commercial purposes only, and you may downloadcopies of the Content only as is necessary and incidental to your acts of viewing it. Exceptas expressly provided in this paragraph, you may not use, reproduce, display, store, modify,distribute, transmit or otherwise exploit the Content or any portion thereof in any form, medium,technology, or manner without the prior written consent of the owner thereof, and all other rightsin the Content are expressly reserved by Ciderr and its licensees.You hereby represent and warrant that, with respect to the content that you post on this website,you have all necessary rights to post such content and to grant the rights and licenses to suchcontent as granted herein. If there is a separate Photographer Purchase Agreement with Ciderrthat addresses Ciderr's use of photographs and/or other content that you post on this websiteor provide to Ciderr, then that agreement shall govern Ciderr's use of that particular content. Forall other content, you hereby grant to Ciderr a perpetual, royalty-free, fully paid up, irrevocable,nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate,create derivative works of, transmit, distribute, and otherwise exploit such content and anyderivatives thereof in any form, medium, technology, or manner now known or later developed.
Ciderr does not police the content posted on this website by photographers and other users,and is not responsible for the acts or omissions of those third parties. However, Ciderr respectsthe intellectual property, privacy, and publicity rights of others, and we ask photographers andother users of the Service to do the same. If your photograph appears on this website withoutyour consent and you wish to have it removed, please fill out our contact us with your request.If you are a copyright owner or an agent representing the copyright owner and believe thatany content on this website infringes your copyrights, you may submit a notification pursuantto the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with all thefollowing information in writing (and you acknowledge that such notice and/or information maybe forwarded to the alleged infringer):
Ciderr's designated Copyright Agent to receive notifications of claimed infringement can bereached at:
PO Box 4426
Chattanooga, TN 37405
You acknowledge that if you fail to comply with all of the foregoing requirements, your noticemay not be valid pursuant to the DMCA. Following receipt of your notice, Ciderr may remove theallegedly infringing content. Additionally, Ciderr may terminate the account of the member whoposted the allegedly infringing content.
If any of your content is removed as a result of any such DMCA notice received by Ciderrand you believe that such content does not infringe on a copyright, or that you have properauthorization from the rightful copyright owner, their agent, or pursuant to the law to post anduse such content, you may send a counter-notice that contains all of the following information toour Copyright Agent:
If a counter-notice is received by our Copyright Agent, Ciderr may send a copy of the counternoticeto the initial complaining party and may inform that person that Ciderr may restore theremoved or disabled content in ten (10) business days. The removed content may be restoredwithin ten (10) to fourteen (14) business days or more after receipt of the counter-notice, atCiderr's sole discretion, unless the initial complaining party files an action seeking a court orderagainst the party that posted the content at issue.
Ciderr does not sell any physical products and therefore is not liable for any product purchases
Ciderr is committed to your satisfaction. Before cancelling any service please call us at (423)596-4464.
THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS"WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORYWARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS(INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, ANDANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSEOF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENTPERMISSIBLE UNDER APPLICABLE LAW, Ciderr DOES NOT WARRANT THAT ACCESSTO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THATDEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED,OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS. Ciderr DOES NOT WARRANT OR MAKEANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENTOR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OROTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT,AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGETHAT THE SUBMISSION OF ANY DATA OR IMAGES TO Ciderr, AND THE UPLOAD ORDOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUROWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANYLOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLEFOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOUUPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OFCERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOTAPPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Ciderr SHALL NOTBE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUEOR PROFITS (COLLECTIVELY, "INDIRECT DAMAGES"), IN ANY WAY ARISING OUTOF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF Ciderr HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THEFOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,Ciderr'S MAXIMUM, AGGREGATE LIABLITY TO YOU IN CONNECTION WITH THE SERVICEAND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVEPAID TO Ciderr IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILLAPPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITEDREMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOTAPPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THENCiderr'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, ANDCiderr'S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.
You agree to indemnify and hold harmless Ciderr, and its subsidiaries, affiliates, licensors,employees, agents, and representatives from and against any and all claims, losses, expenses,costs, and damages (including but not limited to direct, indirect, incidental, consequential,special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any ofthem in connection with or as a result of (a) any images or other content that you post on thiswebsite or otherwise transmit through the Service, (b) any use or misuse of the Service by youor any other person who accesses the Services using your account, (c) any violation of theseTerms of Service by you or any other person who accesses the Services using your account.
In connection with the Service, Ciderr may make software available to you. To download suchsoftware, you may be required to agree to a separate software license agreement. Third partysoftware is subject to that third party's terms and conditions, and the agreement will be betweenyou and that third party. Ciderr does not guarantee that any software you download will be freeof any contaminating or destructive code, such as viruses, worms, or Trojan horses. Ciderr doesnot offer any warranty on any software that you download. Moreover, you are responsible forcompliance with all applicable laws, including but not limited to United States export laws andregulations, when you use or export any software or materials provided in connection with theService.
Ciderr makes no representation or warranty that the Service or the Content is appropriate oravailable for use in locations outside the United States, and accessing them from territorieswhere they are illegal is prohibited. Those who choose to access the Service or the Contentfrom other locations do so on their own initiative and are responsible for compliance with allapplicable local laws.
Ciderr is committed to safeguarding your privacy. Please review Ciderr's Privacy Policy. Theterms of our Privacy Policy are incorporated into, and constitute a part of, these Terms ofService.
You may receive emails from Ciderr if (a) your email address is listed with us as someonewho has willingly shared such address for the purpose of receiving information in the future("opt-in"), or (b) you have registered as a member of the Service, you have purchased one ormore Products, or you otherwise have an existing relationship with us. In every email that wesend you, Ciderr intends to include an easy way for you to choose to cease receiving emailsfrom Ciderr. Please note that, if you do choose to cease receiving emails from Ciderr, it cantake up to seven (7) business days for your instructions to take effect. If you have receive anyunwanted, unsolicited emails from Ciderr (or purporting to be sent from Ciderr), please forwarda copy of that email with your comments to help@Ciderr.com for review. We respect your timeand attention by monitoring the frequency of our mailings.
The Service is billed in advance on a monthly or annual basis, depending on the plan, and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You can cancel your account at any time by logging into your account and selecting the "Subscription Plan" tab on the Account page. Once you are on the Subscription page, click the "Cancel Subscription" link.
These Terms of Service (a) will be governed by and construed in accordance with the lawsof the State of Tennessee, without giving effect to principles of conflicts of law, (b) may onlybe amended as provided in the first paragraph of these Terms of Service, or by a writtenagreement signed by both parties, (c) constitutes the entire agreement between the parties withrespect to the subject matter hereof, and (d) supersedes any and all prior or contemporaneousagreements, whether written or oral, between the parties with respect to the subject matterhereof. You hereby agree to the exclusive jurisdiction of the courts of the State of Tennesseelocated in Hamilton County with respect to any legal proceeding arising in connection with thisAgreement. This Agreement and any benefits to be derived hereunder may be assigned ortransferred in whole or in part by Ciderr. You may not assign this Agreement, in whole or in part,without the prior written consent of Ciderr, and any such assignment or purported assignmentby you without Ciderr's prior written consent will be void. Failure of a party to enforce anyprovision of this Agreement will not constitute, or be construed as, a waiver of such provisionor of the right to enforce such provision. In the event that any provision of this Agreement isheld by a court of law or other government agency to be void, voidable, or unenforceable, theremaining portions hereof shall remain in full force and effect. The parties to this Agreementare independent contractors, and no agency, partnership, joint venture, or employee-employerrelationship is intended or created by this Agreement. You may not use Ciderr's name or any ofits trademarks or logos in any advertising or marketing materials without Ciderr's prior writtenapproval.