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  Terms of use
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PRIMEDIA ENTHUSIAST PUBLICATIONS INC. OFFERS YOU ACCESS TO OUR SERVICES:

This Agreement describes the terms and conditions applicable to your use the services (the “Services”) provided by PRIMEDIA Enthusiast Publications Inc. under the domain and sub-domains of photographic.com (the “Site”). The Services is provided to you by Versagon, Inc. (“Provider”), on behalf of Primedia, and you hereby acknowledge that Provider shall be solely responsible for the provision of the Services to you. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Services. If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of Primedia in operating the Service, your sole and exclusive remedy is to discontinue using the Service and terminate this Agreement. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set at:
This Linked Page
and those incorporated by reference, before you may become a member of the Service. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a user of this Service. Please note: Underlined words and phrases are links to these pages and websites.

We may amend these Terms at any time by posting the amended terms on this site. All amended terms shall be considered to be effective 30 days after they are initially posted on our site. This Agreement is effective on August 15th, 2003 for all registrants. If amended in the future, the last revision date will be posted here.

Terms of use
 Who may register
 Who qualifies as a Commercial User?
 Who can see member information?
 Use of the Services
 Member Responsbilities
 Photographic.com's LIMITS of LIABILITY
 Detailed Terms of the Agreement
 Agree and continue to Registration
 
 
  Who may register to use this service
In order to register, you must meet all of the following criteria:
-You are at least 18 years of age.
-You are able and willing to comply with all the rules of the Site.
-You are an individual or a company interested in photography equipment.
-You are not a "spammer" - a sender of unwanted email.
-You are a United States resident.
-You are a private party that will be using our Site for non-profit activities.
-You are a dealer, manufacturer, or reseller who has signed up as a commercial user. See “Who Qualifies as a Commercial User?” below.

In addition, even if you do not register as a Commercial User, we may classify you as a Commercial user if:
- You sell a lot more items than you buy through the Site, even if not as a business.
- You advertise for sale "new" or "demo" items, even if not as a business entity.
- You post large quantities of listings, even if they are repetitive of the same items.
- The next time you try to post a new item, or access your MyPage, the system will inform you that you must upgrade your account to a Commercial user's. You will need to read and agree to the Commercial Terms, and then submit a form. The system will also provide an email address if you wish to contest our classification of your use of the site.

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  Who qualifies as a Commercial User?
For the purposes of the Photographic.com,
you are a commercial user if you fit any of the following criteria:

-You are a reseller or retailer of photography equipment or related products in the US.
-You represent, or are employed by a manufacturer in the photography industry.
-You will be listing products on behalf of either of the above entities.
-You will be buying and selling products for profit on a regular basis.

Basically, if you will be using our website to make money, then we ask that you register as such and pay our commercial rates. In return, we offer commercial users prominent placement of your listings, and top priority for support.

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  Who can see member information?
Private Users
Only you will know your password. Your email address is protected, such that all initial contacts are sent to you through our Site. If you respond to a contact, only then will your email address be available to the other party. If you post an item for auction, your email address, name and phone number will be sent to the high bidder on your auction. If you are the high bidder on an auction, your email address, name and phone number will be sent to the seller. For more information, refer to our Privacy Policy located here.

Commercial Users
Only you will know your password. Your email address is protected, such that all initial contacts are sent to you through our Site. Your company name, phone number, and address will be made available to any interested Members on your "About Me" page. This “About Me” link may appear in their auction listings, and other pages related to you, such as feedback. This allows your potential customers to contact you quickly and efficiently. In addition, buyers will be more likely to spend money with a company that presents itself in a professional manner.

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  Use of the services
The goals of the Service is as follows:
-To provide a venue for buying and selling high-end photography equipment.
-To provide information and resources regarding the high-end photography industry.
-To provide a venue to exchange opinions of photography equipment.
-To form a community of photo enthusiasts looking for interaction with other hobbyists.
By registering you are agreeing to use this Site for the above purposes only. Primedia reserves the right to terminate any registration, interaction, postings, or listings, at any time for any reason, including but not limited to violations of this Agreement.

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  Member Responsbilities
By registering, you agree to the following conditions:
-Your participation is purely voluntary.
-Your posts to this site will not include vulgarity, adult content, slander, or inaccurate facts.
-You will not use this site for actions that are illegal in your state or in your country.
-You will not use this site to further any interest unrelated to the hobby of photography.
-Any item offered for sale on this site must be available for sale to the winning bidder on this site.
-If you list items for sale, you will follow through with commitments you make to other parties.
-If you offer to purchase any items, you will follow through with your commitments.
-If you list or bid on an item in the auction, you agree to our auction rules as posted at this link:
  Auction Rules

Commercial Users:
- You will conduct business in a professional manner.
- You will insure payment of all fees within the invoiced payment terms.
- You will list only those products that you are authorized to represent.
- If you list an item as NEW”, you must specify what warranty the buyer will have.
- Your posted prices on “new” items will conform to the manufacturer's MAP policy.
- You will make every reasonable effort to achieve satisfactory transactions with customers.

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  Photographic.com’s LIMITS of LIABILITY
Primedia, its and its affiliates and each of their respective officers, employees, and suppliers will NOT be responsible or liable for any of the following:
-Any losses incurred by its members as a direct result of their participation on this Site.
-Any losses incurred by its members as an indirect result of their participation.
-Any losses incurred by its members as a result of another member's participation.
-Any losses incurred as a result of computer failure, slowdown, or inability to connect.
-Any statements or actions of any of its members, either on this Site or elsewhere.
-Loss of any information stored on the Primedia servers for any reason.
-The satisfaction or lack thereof resulting from purchases made via this Service.
-The accuracy or lack thereof in any statements made by users of the Site.

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  Detailed Terms of the Agreement
The Site is only a Venue
Our Site acts as a venue to allow eligible members to offer, sell, and buy hobbyist related products via "online auctions". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

Fees and Services
Registering and bidding on items on the Site is free. There are fees associated with selling items. Our Fees and Credits Policy is available here and is incorporated herein by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Any changes will apply after at least fourteen (14) days' notice of the changes by posting the changes on the Site. We may introduce temporary changes to our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing periods) and such changes are effective when on the Site. We will email all users to notify of a change in rates prior to initiation of such a change. We will also post a "Upcoming Changes" notice on the site, which would appear, as you are about to post an auction for 30 days prior to such a change in fees. When you list an item you will be able to choose optional features that may incur additional charges. The system will always show you the exact fees about to be incurred, and give you the ability to confirm or edit the listing before incurring any fees. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes. For additional information regarding our fee structuring and payment options.

User Identity verification
Primedia may use techniques to attempt to identify our users when they register to use our Site. However, due to the difficulty of verification over the internet, Primedia cannot and does not claim to have confirmed each user's identity as submitted.

Release
In the event of a dispute with one or more users, you release Primedia, and its affiliates and respective officers, employees, agents and suppliers, from all claims, demands, actual or consequential damages of any nature, known and unknown, disclosed and undisclosed, arising from or connected with any such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims with the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".

Other Responsibilities of User
When you accept this Agreement and complete the registration process, you become the primary account holder.

You agree that you will be the only user of your account ID and password and that you will not transfer or disclose either you account ID or password to any other person (except that you may at your own risk and on your own responsibility permit other members of your family to access the Service using your account ID and password). You are responsible for all activity on your account. Violations of this Agreement may result in termination of your account, with or without warning, in our sole discretion.

Because you are responsible for all use of your account, you should supervise use of your account by others. This is especially important when young children (persons under 13 years of age) are using the Service. You acknowledge that you are aware that certain content, services or locations of the Service, or certain content, services or locations of products, services or information of other parties that may be accessible through the Service, may contain material that is unsuitable for minors. You agree to supervise usage of the Service by any children whom you permit to use the Service.

You agree not to transmit or publish on or over the Service any information, software or other content, which violates or infringes upon the rights of any others or to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law. You agree to comply with all applicable laws, rules and regulations in connection with the Service.

Information control
We do not control the information made available by our users that is posted online or otherwise made available through our Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. There may be risks involved when relying on the information posted, or transacting with users based upon such information.

No Agency
You and Primedia are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Site Accessibility
Due to the nature of the internet and network connections, we cannot and do not guarantee the availability, functionality, or speed of access to this Site. We cannot and do not guarantee against the loss of information, data, or pictures residing on our computers, resulting from hardware, software, or human error. It is possible that certain users will have faster or more complete access to this Site, based upon their geography, computer, or internet connection.

Limitation of Warranties and Liability; Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. NEITHER PRIMEDIA NOR ANY OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, UNDERLYING SERVICE SUPPLIERS, INFORMATION PARTNERS, LICENSORS, LICENSEES, EMPLOYEES, DIRECTORS OR AGENTS MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. PROVIDER AND PRIMEDIA PROVIDE THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE AVAILABLE, THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, THAT PROVIDER WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA, OR THAT YOUR USE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE. NEITHER PRIMEDIA NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS OR EMPLOYEES WILL HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD-PARTY WITH RESPECT TO THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PRIMEDIA OR PROVIDER IS THE TERMINATION OF THIS AGREEMENT AS OUTLINED IN THE FIRST PARAGRAPH OF THIS AGREEMENT. NEITHER PRIMEDIA NOR ANY OF ITS RESPECTIVE UNDERLYING SERVICE SUPPLIERS, INFORMATION PARTNERS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES, DIRECTORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD PRIMEDIA OR ANY OF ITS AFFILIATES, SUBSIDIARIES, DIRECTORS OR EMPLOYEES RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE.

Material on the Site may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. Primedia may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice.

IN NO EVENT SHALL PROVIDER OR PRIMEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY WEB SITE OR THE USE.

In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall Providers’ total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed our liability, and the liability of our officers, employees, agents, and affiliates, to you or any third parties in any circumstance is limited to the greater of A) the amount of fees you pay to us in the 12 months prior to the action giving rise to the liability, or B) $100.

Indemnity
You shall indemnify and hold harmless Primedia and any of their underlying service suppliers, information partners, licensors, licensees, employees, directors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, your breach of this Agreement or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; use of your information; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.

Access and Interference
You agree that you will not use any robot, spider, or any other automated or manual process, to monitor, copy, or otherwise publicly display the content on this Site without our express written permission. You agree that you will not engage in any activities that pose unreasonable or excessive load on our site infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Primedia by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our site without the prior expressed written permission of Primedia or the appropriate third party. Primedia reserves the right to deny access, not respond, or otherwise limit usage of this Site, for any reason, at any time.

Termination
Primedia and Provider, in their sole discretion, reserve the right to terminate this agreement, any account, listing, or access privileges at any time, with or without prior warning, for any reason including but not limited to: breach of the above terms, failure to follow Primedia and Provider staff direction, failure to complete transactions, abuse of any methods, tools, or services provided, use of profanity, racial slurs, or hate speech and behavior un-befitting a member of the Primedia and Provider community. You may terminate and ask to remove your account, listings, or other saved information at any time for any reason. Part of the Help/Faq will include an email address to contact for such a situation. Accounts will not be terminated until our staff is confident that all outstanding transactions with other users have been completed, and until any outstanding fees have been paid. However, Primedia and Provider reserve the right to maintain a record of your activities after termination of your account.

General
(a) Neither Primedia nor Provider shall be responsible for any delay in delivery or performance of any of their duties here under due to acts of God, acts or omissions of any regulated telephone network or any other occurrence commonly known as force majeure.
(b) Your right to use the Service is not transferable and is subject to any limits established by Primedia and by your credit card company if billing is through a credit card.
(c) No action, regardless of form, arising out of the Service or this Agreement may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.
(d) This Agreement and the Service shall be governed by the laws of the State of New York, without regard to its conflicts of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts located in the County of New York in the State of New York in connection with any claim or dispute arising under this Agreement or related to the Service, and to having any judgment from a court in such jurisdiction recognized in any other court, tribunal or other body and enforced against you. Notwithstanding any statute or law to the contrary, you agree that any claim or cause of action brought by you or on your behalf with related to this Agreement or the Service shall be commenced within one (1) year after the date the claim or cause of action arose or be forever time-barred. The failure of Primedia to enforce any right or provision of this Agreement shall not constitute a waiver of Primedia’s right to enforce that or any other right or provision. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
(e) This Agreement and any modifications published by Primedia over the Service constitute the entire and only agreement between you and Primedia with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.
(f) You assume all risk and liability of your use of the Internet or other services or content accessible through Provider’s Service, including your continuous compliance with this Agreement.

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Please read our Terms of Use, and click below if you agree.