WEB SITE TERMS AND CONDITIONS OF USE

NOTICE TO USER: By using this Web site you agree to abide by all the terms and conditions of THIS LEGAL AGREEMENT BETWEEN YOU ("You") AND THE DELAWARE PHOTOGRAPHIC SOCIETY (hereafter "DPS"). DPS reserves the right to alter, modify or update these terms of use at any time and You agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEB SITE, CONTENT, AND USE OF THE WEB SITE

This Web site is owned and operated by DPS. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property. All images, including photographic images and related text, captions or informational materials (collectively the "Images") are provided for viewing purposes only. DPS Web site permits visitors to view and search for Images. You may not use the Images in any manner other than to browse and search the Images. You may not download or make any other use of any Image on this Web site. The DPS "REFLECTOR" may be downloaded from this Web site for personal use only. Any use of Images or DPS "REFLECTOR" Materials not expressly authorized by this Agreement may violate copyright, trademark, rights of publicity or privacy or other laws.

PASSWORD PROTECTION AND SECURITY

Portions of this Web site are password protected and available only to registered users ("Members"). Only Members who have received an authorized password from DPS and who are using their own unique password are permitted to access these portions of the Web site ("Members Only Portions"). A condition of accessing the Members Only Portions of the Web site is that You shall not divulge, upload, rent, sell, loan or exchange your password with any other person regardless of whether such person is another employee or subcontractor engaged by You or your employer or otherwise. If You become aware of any loss, theft or misuse of your password. You must inform DPS in writing immediately, by email, fax or letter, otherwise You may be liable for any loss or damage arising from such misuse. DPS reserves the right to terminate your access in the event of any misuse of your password.

CONTESTS, COMPETITIONS, AND PROMOTIONS

From time to time, DPS may conduct contests, competitions, or promotions on or through this Web site. Each contest, competition, or promotion may have additional terms and/or rules which will be posted or otherwise made available to You and, for purposes of each contest, competition, or promotion, will be deemed incorporated into and form a part of this Agreement.

LINKS TO THIRD PARTY SITES

The linked sites are not under DPS'S control and DPS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. DPS is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that DPS provides the links to You only as a convenience and it does not endorse the linked sites or their use or contents.

GENERAL DISCLAIMERS

THIS WEB SITE IS PROVIDED "AS IS." DPS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, ACCURACY OF CAPTIONS OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL DPS OR THE OWNER OF ANY CONTENT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS WEB SITE OR FROM YOUR ACCESS OR USE OF THE CONTENT ON THIS SITE.

MISCELLANEOUS JURISDICTION AND ATTORNEY'S FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of Delaware, and You agree to submit to the personal jurisdiction of such court and waive any right You might otherwise have to claim lack of personal jurisdiction or inconvenience of forum. If DPS is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by You.

NO WAIVER: No action of DPS, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of DPS in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

ENTIRE AGREEMENT: This Agreement contains all the terms of the Agreement between DPS and You. DPS reserves the right to alter, modify or update these terms of use at any time and You agree to be bound by such modifications, alterations or updates. DPS encourage You to review this policy whenever you visit the Web site.