EO Photos terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

FIRST VERSION: 22/09/2003 - LAST UPDATE: 22/01/2006.

These terms and conditions (the “Site Terms”) apply exclusively to your access to, and use of, this Web site (the “Site”) and do not alter in any way the terms or conditions of any other agreement you may have with the EO Photos Webmaster (the “Webmaster”) for products, services or otherwise.
EO Photos reserves the right to amend at any time any policies governing this Site, including these Site Terms, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after they are initially posted on this Site. If you do not accept the amended terms, you must cease using this Site.
1 - Membership process:
Your membership to EO Photos will be granted based on the examination of your photographic experience and/or your personal introduction, on the examination of a selection of your digital photographic material (Website, JPG files attachments,...), and finally on the examination of a final printout of any of your photographic material (with a minimum of 8x12 inches or 300x400 mm for the print to be examined). Should your request for membership be rejected, this printout may be returned to you provided you enclose a pre-paid return envelope, tube or parcel along with your submission printout. If your request is granted, EO Photos will keep the printout for site promotion purposes. Photographic subjects are not limited to landscape and sceneries but are the sole discretion of the Webmaster and need to be discussed prior to joining the site or uploading to a gallery.

Once your membership is granted, EO Photos charges a 60.00 GBP non-refundable setup fee to setup your gallery on EO Photos.
2- Sales process

2-a: Gallery Prices - Prices are at your entire discretion.

2-b: Shipping: Customer pays a fee of 4 Euros for International Priority Mail and 5 Euros for Recorded Delivery, regardless of the location the order is sent from. Please adjust your prices accordingly.

2-c: 21 days return policy - There is a 21 days return policy in operation on EO Photos. Should a customer decide to return his order within 21 days of reception, EO Photos will issue a full refund provided that the appropriate procedure has been followed by the customer: order must be returned in a satisfactory condition, in the original parcel, tube or envelope; return shipping cost is at the customer's responsibility. Please notify a return address to customers: should an order been returned directly to EO Photos, it may be forwarded back to you provided that you refund any forwarding cost to EO Photos.

2-d: EO Photos and your taxes: EO Photos only acts as an intermediate between a contributor and potential customers. It is a contributor's responsibility to make sure that resulting income is declared and taxes are paid in accordance with the country of residence.

2-e: Your engagements - By joining EO Photos, you agree to provide the best possible service to customers. Both printing and shipping process will be your responsibility and you must take every care possible to ensure a perfect commercial transaction. It is also your responsibility to deactivate the sales on your gallery or to inform us if you are temporarily unable to take any orders (holidays, professional assignment…).

2-f: Our engagements: EO Photos will send you any outstanding payment in Euros or GBP once the 21 days return policy has expired. Payment in any other currency may incurr extra cost (money order, currency exchange rate. bank transfer).
3 - Copyright:
Unless otherwise indicated, all Web site materials and content (all designs, text and files), not including photographic material, are the proprietary and copyrighted property of EO Photos or its licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and commercial use.
Photographic material published on EO Photos are the proprietary and copyrighted property of their authors. By joining EO Photos, permission is given by a contributor to display, alter in size or add the EO Photos logo to any photographic material published on EO Photos.
4 - Disclaimer:
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EO PHOTOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EO PHOTOS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EO Photos reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EO Photos.
5 - Limitation of Liability:
IN NO EVENT SHALL EO PHOTOS, OR ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EO PHOTOS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EO PHOTOS's RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EO PHOTOS (WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF EO PHOTOS's WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EO PHOTOS FOR ACCESS TO OR USE OF THIS WEB SITE.
6 - Indemnity:
You agree to indemnify and hold EO Photos, its officers, subsidiaries and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from Your use of the Web Site or Your breach of these Terms and Conditions.
7 - Governing Law:
This Agreement shall be governed by and construed in accordance with international law, exclusive of its provisions on conflicts of laws.
8 - Termination:
Notwithstanding any of these Site Terms, EO Photos reserves the right, without notice and in its sole discretion, to terminate your membership to this Web site, and to block or prevent future access to and use of this Web site. You also have the right to cancel your membership at any time. Your gallery would be deactivated and withdrawn from the site.
9 - Severability:
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
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