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Image Upload Terms and Conditions

DISCLAIMER
It is understood by all parties that eZsign.com will make every attempt, within reasonable limitations, to satisfy each and every customer. However, eZsign.com cannot be held responsible for uploaded images that either do not meet the specifications listed on eZsign.com, or are as such that the image does not output correctly upon printing. The final output quality is determined by the source file. If for any reason the final output is not to the specifications of that source file, eZsign.com will make every attempt to rectify the problem to the customer’s satisfaction. In the end, however, eZsign.com is not responsible for refunds or reprints of “less than standard” source files.

ALLOWABLE FILETYPES
The following types of files are allowed:
.jpg/.jpeg (JPEG format)
Any other files will automatically be deleted.

PHOTO FILESIZE RESTRICTIONS
The maximum individual file size is 25MB. Any individual photos exceeding this limit will automatically be deleted.

DIGITAL PHOTO STORAGE
Images will be stored for up to 48 hours on eZsign.com servers and may be accessible to other eZsign.com users during that period.

DIGITAL PHOTO USAGE
It is unlawful to utilize unauthorized content, including user-uploaded photos, for any reason. Uploaded photos are the sole ownership of the customer uploading them, and are to be used by any other person, company or other entity without written permission of the customer uploading the original.

PHOTO DELETION
To delete a file prior to the 48 hour expiration period, simply email eZSign.com at erasepics@ezsign.com. Please include a copy of the photo or image to be removed.

UNACCEPTABLE CONTENT
EZSign.com is a service for printing personal greeting banners. EZSign.com will be forced to delete all uploaded images without prior notice if you use eZSign.com for the following:

A. COPYRIGHTED MATERIAL: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
B. PORNOGRAPHY: To store and/or display pornography or sex-related images of any kind. It is EZSign.com sole discretion what constitutes pornography. Photo Galleries displaying or storing pornography will be deleted.
C. HATE: Blatant expressions of bigotry, racism, hatred, or profanity;
D. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal activities; this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties;
E. ILLEGAL MATERIALS: Anything illegal including, but not limited to, government issued ID’s, serial numbers, mail fraud, or other fraudulent schemes;
F. PHYSICAL HARM: Promotion of physical harm or injury against any group or individual;
G. DEFAMATORY: Material insulting, or that could be considered defamatory or libelous, to other persons, institutions or companies;
G. EXPLOITATION OF CHILDREN: Material that exploits children;

LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.

COPYRIGHT LIABILITY
All images, photos and/or graphics uploaded to the eZsign.com site are the sole responsibility of the customer. Any associated copyrights, usage agreements, transfer terms or any other infringement agreements are to be handled by the customer in question, not eZsign.com. Customers are fully responsible for any penalties, lawsuits and other injunctions levied against said customer or eZsign.com, including any legal fees incurred by either party. Ezsign.com will take NO RESPONSIBILITY for any uploaded image.

COPYRIGHT NOTICE
Copyright ©2005 eZSign.com. All rights reserved.

ACCEPTANCE OF TERMS AND CONDITIONS
By using eZSign.com, you agree to be bound by, and to comply with, these Terms and Conditions and any other rules or guidelines which we may implement for any individual Web site or Service. EZSign.com reserves the right to update these Terms and Conditions at any time without notice.


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