TERMS OF USE AND PRIVACY POLICY
Photizo Group, Inc. (referred to as "Photizo," "we," "us," and "our") is committed to safeguarding your privacy. By visiting Photizo's website ("Site") or using any of our services, you acknowledge that you accept the practices and policies outlined in the Terms of Use and this Privacy Policy.
Use of Site
Photizo Group, Inc. (referred to as "Photizo," "we," "us," and "our") authorizes you to view and download the materials on this Site only for your personal, non-commercial use, provided that you retain all copyright, trademark, and other proprietary notices contained in the original materials on any copies of these materials. You may not modify the materials at this Site in any way, nor may you reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose without our prior written permission. This Site, including all materials at this Site, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of any of the materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of Photizo and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web, without the written permission of Photizo or such third party which may own the Marks. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Links to Other Websites
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We do not control and are not responsible for any of these sites or their content. Without limiting the foregoing, we specifically disclaim any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate privacy or security; are libelous or defamatory; and/or contain viruses or other items of a destructive nature. We do not endorse or make representations about them, or any information, software or other products or services found there or any results that may be obtained from using them. The link to any other site does not imply our endorsement of that site or site-owner or that we are a sponsor of, or affiliated or associated with or are legally authorized to use, any trademark, trade name, logo, or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol belonging to us or to any of our affiliates or subsidiaries. If you leave this Site to access any of the third party sites linked to this Site, you do so entirely at your own risk.
About the Information
We have prepared this Site solely for the purpose of providing information about Photizo, our business, and the industry that we serve. The Site has been compiled in good faith by Photizo. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors, or may have become out of date. Any official reports listed on this Site and corporate presentations that are available on this Site speak only as of the respective dates on which they were filed, issued or presented by us. The contents of these reports and releases can become out-of-date, so you should not rely on the continued accuracy of any such material beyond the date of its filing, issuance, or presentation. We make no commitment, and we disclaim any duty, to update any of these reports and releases. We do not warrant as to the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed on, or distributed through, the Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, report or information shall be at your sole risk. Some, or all, of the content on this Site may be unavailable from time to time. We make no representations or warranties that the content of this Site, or that of any site that links to this Site, is free from viruses or other items of a destructive nature. We reserve the right to add, modify, correct, or delete any information from this Site at any time without any notice. You are bound by such revisions and should therefore periodically visit this page to review the current terms.
If you want to establish a link to the Photizo website, you must comply with the following restrictions:
- May link to, but not replicate, our content.
- Shall not create a frame, browser or border environment around our content.
- Shall not imply that we are endorsing you or your products.
- Shall not misrepresent, or mislead with respect to, your relationship with us.
- Shall not present false information about our business or us.
- Shall not use our logo, photographs, and package graphics without Photizo's written express permission.
- Shall not link to a site that contains content that could be construed as distasteful, obscene, offensive or controversial, and should contain only content that is appropriate for all age groups.
- Shall not distort or modify in any manner the content of our Site.
- Shall notify us at gen@photizogroup.com of your intent to link to this Site.
Electronic Communication
When you use the Site or send emails to Photizo, you are communicating with Photizo electronically. You consent to receive communications electronically from Photizo and its Site Affiliates (as defined below). Photizo will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Payment for Subscriptions, Products, and Services
Payment for a membership subscription to MPS Insights PRO may be made online at the time of your purchase order, or an invoice will be prepared and sent to the address that you have provided. You are required to pay within thirty (30) days of the order date, and the membership subscription must be paid in full in order for your subscription to begin. Your subscription to MPS Insights PRO renews automatically at the end of each full year, and you shall be charged accordingly for each one-year renewal.
Payment for any products or services purchased from the Site must be paid in full prior to receiving such products or services, unless otherwise specified in writing.
Cancellation; Refunds Policy
You may cancel your subscription to MPS Insights PRO by giving advanced written notice at least ten (10) days prior to the expiration of your annual membership subscription ("Cut-Off Date"). Once we have received your timely notice of cancellation, we will delete your account and your subscription shall not renew automatically. In the event that you fail to convey your intent to cancel your subscription by the Cut-Off Date, your MPS Insights PRO subscription will automatically renew and you shall be responsible for payment in full.
There will be no refunds once payment has been received for any subscriptions, products, or services.
Scope of Privacy Policy
Photizo's Privacy Policy covers the treatment of personally identifiable information ("Personal Information") that is gathered when you access and use this Site and when you usepurchase our products and services. We are committed to protecting your privacy. Any Personal Information provided by you, or that derived from internal Web tracking, is not sold, rented, or shared with any third party without your express consent, except as disclosed below. This policy does not apply to the practices of companies that Photizo does not own or control, or to individuals that Photizo does not employ or manage.
Personal Information
Photizo collects and stores information to enable us to personalize and improve our services and Site. We collect and store information that you knowingly provide to us, such as your name, email address, phone number, physical address, and company name. By knowingly submitting your Personal Information on our Site, you agree that Photizon may contact you directly, or use such information on behalf of our subsidiaries, franchisees, and other affiliated companies, such as carefully selected advertisers and business partners (collectively, "Site Affiliates"). We may use this information to provide customer service, respond to an inquiry, or inform you about new services, special offers, and new site features, unless you have opted not to receive promotional communications in connection with the Site.
Other Information
Through your use of the Site, Photizo may also gather certain information that does not identify you individually. Generally, this information is collected through "traffic data." The Site automatically collects and stores certain other information each time you access or use the Site. For example, we may collect your IP address, browser information, and reference site domain name each time you visit the Site. We also collect information regarding customer traffic patterns, page usage, and user trends. This information is used to analyze and improve the Site and to create the most effective ways to communicate with our users.
Cookies
Cookies are unique alphanumeric user identifiers that we transfer to your computer's hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. This Site uses cookies to recognize you and your online browsing preferences, thus allowing us to access information that we hope will improve your online experience. The Site's cookies do not collect Personal Information, nor do we combine the general information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is. We also use cookies to track traffic to different parts of our Site in order to make improvements and optimize your online experience. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them (please consult your browser's help section for instructions).
Limited Disclosure to Site Affiliates
Photizo may share information with our Site Affiliates, including MPSInsights.com, MPSInsightsPRO.com, and MPSConference.com. From time to time, this may also include companies that perform marketing services and other business operations for Photizo (including providing services to our users). All companies that act on our behalf are contractually obligated to keep all information confidential and to use Personal Information only to the extent necessary to provide the services we ask them to perform for you and us. We may provide aggregate statistics about our users, traffic patterns,and related site information to reputable third party vendors, but these statistics do not include Personal Information. We may disclose Personal Information we collect from you if required to do so by law or in the good-faith belief that disclosure is necessary (a) to obey the law or comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property or the rights or property of other users of our Site; or (c) to act in an emergency to protect the personal safety of users of our Site or the public.
Third Party Disclosure
Except as expressly stated in this Privacy Policy, Photizo does not share information with unrelated third parties for their direct marketing purposes unless you affirmatively agree to such disclosure - typically by opting in to receive information from a third party that is participating in some activity as described on our Site. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific activity, as we do not share information with any third party on a continual basis. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on our Site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
Intellectual Property
All compilation and content of the Site, including its designs, text, illustrations, photographs, logos, and images, is the intellectual property of Photizo or its content suppliers and constitutes proprietary materials, copyrighted materials, trademarks and/or trade dress. The Site and its content may be used only for personal, noncommercial use. All worldwide rights, titles, and interests are reserved.
Disclaimer
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. PHOTIZO DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS. PHOTIZO FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SITE.
Children's Use of the Site
The Site is accessible to anyone who has access to the Internet. This Site is not intended or designed to attract anyone under the age of 18 years. We do not filter advertisements or other content that children may view through our Site or our linked sites. As such, they could receive content and materials from the Internet and/or advertising that are inappropriate for children. In the event that we learn that a user is under 13 years of age, we will promptly delete any Personal Information that we have collected about that user. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
California Privacy Rights
Under California Civil Code Sections 1798.83 to 1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared and their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: P.O. Box 4160, Midway, Kentucky 40347, USA. Please allow thirty (30) days for a response.
Limitation of Liability
IN NO EVENT SHALL PHOTIZO, ITS SUBSIDIARIES, AFFILIATES, FRANCHISEES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED AT THE SITE OR ANY LINKED SITES. IN PARTICULAR, WE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE, OR TORT.
Governing Law
These terms are governed by, and construed in accordance with, the laws of the state of Kentucky without giving effect to any principles of conflicts of law. You agree that any action in law or equity arising out of or relating to these terms or the use of this Site shall be filed only in the state or federal courts located in Kentucky, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
General
We may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. We may terminate, change, suspend, or discontinue any aspect of our Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. We may terminate the authorization, rights, and license given above, and, upon such termination, you shall immediately destroy all materials from the Site.
