Welcome to the Orange Exposure Professional Network This website is owned and operated by Orange Photography LLC ("Orange Photography"). The following terms and conditions apply to your use of our website. Please read them carefully before you enter our website. You must be at least 18 years of age to use the website. By using our website, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by these terms of use or if you are not at least 18 years of age, please immediately exit the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the website following the posting of changes to these terms (including our Privacy Policy) will mean you accept those changes.
1. Accounts
Your account is available for your non-commercial, personal use. Your account can be used to post photographs that you want to let other specified people view and purchase. You can also use your account to view photographs in other accounts if you have been authorized by that account holder. Photographs in your account are password protected unless you allow other account holders access to such photographs. Orange Photography reserves the right to cancel or discontinue accounts which have been inactive for more than 45 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account may be removed.
2. Photographs and Products
All of the photographs featured on our website were created by photographers who have provided them to Orange Photography for worldwide sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to Orange Photography the right to post them on the site and provide the services offered. You can purchase the photographs featured on our website from Orange Photography in the form of photographic prints, or other photographic products such as mouse pads or photo greeting cards (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through Orange Photography and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Orange Photography. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Orange Photography's prior written consent. While Orange Photography 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 requiring the photographers to screen the photographs posted on the website, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Orange Photography ensure that all persons depicted in the photographs have consented to the display of their image on this website. If your photograph appears on this website without your consent and you wish to have it removed, please note what gallery and which image it is and e-mail
us with a description of why you would like it removed.
3. Content
You may NOT post or obtain any content using the website which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Orange Photography recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. While Orange Photography does not and cannot review all content provided to it, and is not responsible for such content, Orange Photography reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by Orange Photography for the purposes of delivering the offered services. Orange Photography will not be liable for any content provided to it, including the photographs and any content added by account holders.
4. Comments and Communications
From time to time the site may include comments, or other forums ("Discussions") and the information and opinions expressed in the Discussions are not those of Orange Photography or the photographers. You are solely responsible for all content you post on or submit to the Discussions. You are aware and acknowledge that Orange Photography has no obligation to monitor the Discussions and you are not relying upon Orange Photography to monitor the Discussions. Furthermore, neither Orange Photography nor the photographers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through Orange Photography. The Discussions shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Orange Photography users to join or become members of any commercial online service or other organization is expressly prohibited. By posting content to any Discussion or submitting any content for addition to the photographs or any other content exhibited on the site, you grant (or warrant that the owner of such rights has expressly granted) to Orange Photography a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.
5. Disclaimers
This website and its content (including without limitation the photographs) are provided "as is" and Orange Photography makes no representations or warranties of any kind, either express or implied, about the images or website including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law. Orange Photography does not warrant that access to the website or its contents will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Orange Photography does not warrant or make any representations regarding the use or the results of the use of any content on this site in terms of its correctness, accuracy, reliability, or otherwise. Accordingly, you acknowledge that your use of this website is at your own risk. You (and not Orange Photography) assume the entire cost of all necessary servicing, repair, or correction resulting from computer malfunction, viruses or the like. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation of Liability
Neither Orange Photography, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the photographs or Products. You acknowledge that the photographers are independent contractors of Orange Photography and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to Orange Photography, for any damages and/or claims whatsoever relating to the photographs or Products.
7. Indemnification
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Orange Photography, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this website, you agree to indemnify and hold Orange Photography, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.
8. Ownership of Our website
All of the content (other than the photographs) on our website, including without limitation, the graphics, design, and look and feel are owned by Orange Photography and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. Orange Photography logos are trademarks owned by The Orange Photography and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this website.
9. Third-Party Software
Orange Photography may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that Orange Photography does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Orange Photography does not offer any warranty on any third-party software you download using the website. Moreover, you are responsible for compliance with all local laws, and you are required to comply with U. S. export laws and regulations when you use or export any software or materials provided through the website.
10. Third-Party Links
Orange Photography may provide links to third-party sites that might be of interest to you. Orange Photography has no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
11. International Use
Orange Photography makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
12. Other Terms
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Francisco County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Orange Photography regarding the use of the website or the use or purchase of the photographs or the Products.
