Digital Image Cafe Terms and Conditions:

LIMITATION OF LIABILITY

In no event shall Digital Image Cafe and/or MacMillan, Inc. or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Digital Image Cafe and/or MacMillan, Inc. has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Digital Image Cafe and/or MacMillan, Inc. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Digital Image Cafe and/or MacMillan, Inc. be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

MEMBER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Digital Image Cafe and/or MacMillan, Inc., are entirely responsible for all Content that you upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Digital Image Cafe and/or MacMillan, Inc. or any third party does not control posted by Members and does not guarantee the accuracy, integrity or quality of the Content Under no circumstances will Digital Image Cafe and/or MacMillan, Inc. be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to our Membership.

With all due respect to our membership, we request that our forums not be used for political issues, solicitations, charities and issues outside of the general purpose of this web site. We understand that we all have things in our lives that we feel very strongly about. Things that are important to us on a personal level. The intent of these forums is to exchange information about our hobby/art and communicate on a friendly and enjoyable level.

You acknowledge that Digital Image Cafe and/or MacMillan, Inc. does not pre-screen Content, but that Digital Image Cafe and/or MacMillan, Inc. and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Digital Image Cafe and/or MacMillan, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Digital Image Cafe and/or MacMillan, Inc., its users and the public. Content from this site may be stored, servered or both on/by, but not limited to, the following servers; digitalimagecafe.com, digitalimagecafe.net, macmillainc.com, macmillanhosting.com, macmillanhosting.net, macmillaninteractive.com, macmillandigital.com and macmillannetwork.com.

SHARING OF CONTENT

Pages, articles, artwork, photography and other content on this site are protected by copyright laws. Due to the ease of sharing content on this site with Social Networks, Blogs and other similar web sites and media, Digital Image Cafe and MacMillan, Inc. cannot be held liable for the sharing of any content on this web site as it is out of our control. Sharing of any content on this site DOES NOT constitute any release of rights, ownership or approval, implied or otherwise, by Digital Image Cafe, MacMillan, Inc., its current or past members, sponsors, advertisers and contributors.

ADVERTISING AND MATERIAL CONNECTION DISCLOSURE

MacMillan, Inc., d/b/a Digital Image Cafe may have an affiliate relationship and/or other material connection to the providers of advertising, goods and/or services mentioned on this web site and may be compensated when you make a purchase from an advertiser and/or service provider via a link or banner on this web site. Advertisers may also pay for ad space directly with no further compensation or relationship other the display of their advertisement(s).

The content of posts on this web site are not influenced by sponsors, advertisers or any other form of affiliate partnership, nor are posts written for the sole purpose of promoting a good or service. Any reviews, product placement or other form of display is at our request as we feel that it may be relevant, educational or otherwise helpful to the membership and visiting traffic.

MacMillan, Inc. is not paid to do reviews of any goods or services. We do not pay anyone to perform reviews for us. MacMillan, Inc. may receive a sample(s) of the reviewed product in exchange for doing or arranging a review for display on this web site and/or other sites under our ownership, influence or control.

MacMillan, Inc. does not pay for the goods or services we award as prizes or giveaways with the exception of items that we giveaway or award ourselves. Products are provided to us by their respective manufacturers or legitimate distributors in exchange for advertising and legitimate promotion. We do use the sponsor prizes to promote this web site as well as recognize the sponsor support of our web site.

Consumers should perform their own due diligence before buying goods or services from anyone via the internet or offline.

DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA")

Digitalimagecafe.com respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, digitalimagecafe.com will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Content Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.

If you believe that digitalimagecafe.com or any user of digitalimagecafe.com has infringed a copyright, please notify our Copyright Agent and provide the following information.

1. A copy or link location of the work that you feel is being infringed upon.
2. The location of the material on digitalimagecafe.com that you believe is infringing on the above.
3. Your Name, Mailing Address, Phone Number and your email address.
4. A statement by you that you believe that the disputed content is not authorized by the copyright owner and that the above information in your request is accurate, made under penalty of perjury of law.

The Content Agent for digitalimagecafe.com is Todd MacMillan, President of MacMillan, Inc., who can be reached at P.O. Box 1373 Georgetown, KY 40324, or at admin[at]digitalimagecafe[dot]com or at (502) 542-0647. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may be invalid.

GOVERNING LAW

MacMillan, Inc. is based in Georgetown, Kentucky and primary transactions take place on MacMillan, Inc's servers located in Georgetown, KY. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Georgetown, Scott County, KY. You agree to submit to the jurisdiction of The Commonwealth of Kentucky courts and agree that venue in these courts is proper in any such legal action or proceeding.

POTENTIALLY HARMFUL AGENTS

Digital Image Cafe takes all reasonable care to ensure that information, documents and files posted on the Website are free from viruses and other potentially harmful agents. However, we cannot guarantee that documents or files downloaded from the Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus or other potentially harmful agent. Accordingly, for your own protection, you should use virus-checking software when using the Website. You must not post or provide to us via the Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via the Website or email.

Digital Image Cafe is not responsible for any computer virus, Trojan, time-bomb, worm, or any other rogue programming that may be contained in any of the information or software contained on this Site. Digital Image Cafe has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content and Materials on this Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through this Site any software or other materials that contain Rogue Programming. This Site is provided on an “AS-IS” basis without warranties of any kind, either express or implied. Digital Image Cafe does not warrant that any information is complete or accurate, that this Site will be uninterrupted or error free, or that any information is free of Rogue Programming.

Digital Image Cafe strongly suggests you keep a self updating virus check software package running on your computer to protect your computer from computer viruses or other potentially harmful agents. Digital Image Cafe has received many virus infected emails from others who have virus infected computers. Many of these virus emails have from and to addresses as coming from the digitalimagecafe.com domain, which is not true. Before contacting us to inform us that you have a spam or virus email from us, check the email header, you will find the email did not originate from digitalimagecafe.com mail server IP address, but from another computer that is virus infected.

You understand and agree that by placing your email address in your profile and by making it publicly available; anyone may send you unsolicited email or add your email to third party mailing lists to send Spam without your knowledge. You understand and agree that by making your email address publicly available that anyone with a virus infected computer could send email with your email address without your consent. In accepting to these Terms of Use and opting to use this web site, you agree to hold harmless Digital Image Cafe and MacMillan, Inc. from any liability.

INDEMINITY

You agree that you shall indemnify and defend MacMillan, Inc. and all parties from whom MacMillan, Inc. has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you publish to or relate to Digital Image Cafe and/or MacMillan, Inc.

SEVERABILTY

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

TERMINATION/REFUSAL OF SERVICE

Notwithstanding any provision of this Terms of Use, digitalimagecafe.com reserves the right, without notice and in its sole discretion, to terminate any or all of the digitalimagecafe.com service and/or your license to use the digitalimagecafe.com service, or to block or prevent future access to and use of digitalimagecafe.com. We reserve the right to refuse service for any reason.

Digital Image Cafe requires an annual Membership Account Set-Up fee to enable your account. These Membership Fees are subject to change without notice. Due to the availability of the open contents of Digital Image Cafe, there is a “no refund” policy in effect.

PRIZES

Monthly winners may be responsible for any applicable federal, state, or local taxes, tariffs, or import duty fees that may result from the receipt of their prize. If local, state, or federal laws in your state and/or country of residence prohibit this contest, prize will not be awarded. We reserve the right to substitute prizes if any of the prizes become unavailable due to events beyond our control. Prizes shipped outside the US will be labeled as “gifts”, MacMillan, Inc., Digital Image Cafe and/or Shutterbugs will not falsify shipping documents for the purpose of avoiding import duties. In accepting any prize from Digital Image Cafe your contact information will be conveyed to the awarding Sponsor and you give them the right to contact you. All prize winners will be notified by email. If you are a winner according to the list on the Digital Image Cafe site and have not heard received notification, please contact us immediately by support ticket at
MacMillan, Inc. Support Desk. Once notification has been issued, there will be a 30 day period to respond via email with the requested information. All prizes unclaimed after 60 days from end of winning month will be forfeit.