Digital Image Café 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 Café 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 Café 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 Café 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 Café 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 Café 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 Café 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.

You acknowledge that Digital Image Café and/or MacMillan, Inc. does not pre-screen Content, but that Digital Image Café 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 Café 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 Café and/or MacMillan, Inc., its users and the public.

GOVERNING LAW

MacMillan, Inc. is based in Georgetown, Kentucky and all 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, 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.

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 Café and/or MacMillan, Inc.

We reserve the right to refuse service without disclosing a reason.

Membership Fees are subject to change without further notice. Due to the availability of the open contents of Digital Image Cafe, there is a "no refund" policy in effect.