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Conditions of Use


Welcome to MF Photo Store (MFPS). MFPS provides its services to you subject to the following conditions. If you visit or shop at the MFPS, you accept these conditions. Please read them carefully. In addition, when you use any current or future MFPS service or visit or purchase from any business affiliated with MFPS, whether or not included in the MFPS Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Policy, which also governs your visit to MFPS, to understand our practices.

ELECTRONIC COMMUNICATIONS


When you visit Magnum Store or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MFPS or its content suppliers and protected by European and international copyright laws. The compilation of all content on this site is the exclusive property of MFPS and protected by Italian and international copyright laws.

LICENSE AND SITE ACCESS


MFPS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MFPS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MFPS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MFPS and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MFPS's name or trademarks without the express written consent of Magnum Store. Any unauthorized use terminates the permission or license granted by MFPS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Magnum Store so long as the link does not portray Magnum Store, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MFPS logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Magnum Store does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use MFPS only with involvement of a parent or guardian. MFPS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COPYRIGHT COMPLAINTS

MFPS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

RISK OF LOSS

All items purchased from MFPS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCTS

MFPS specializes in Professional, Signed, Limited Editions, Prints and Photo Services.

MFPS attempts to provide photo prints at archival standards, however we cannot make any guarantee for their legibility, neatness, or archivibility.

PRODUCT DESCRIPTIONS

MFPS attempts to be as accurate as possible. However, MFPS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MFPS itself is not as described, your sole remedy is to return it in unused condition.

PRICING

The prices are estimated in accordance with standard industry practice for professional and signed prints; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY MFPS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MFPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MFPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAGNUM STORE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MAGNUM STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MFPS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW


By visiting MFPS, you agree that the laws of Italy, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MFPS or its affiliates.

SITE POLICIES, MODIFICATION, AND SEVERABILITY


Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to MFPS. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Consumer/Non-Profit Image
Licensing Agreement

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IMPORTANT -- READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE Massimo Fiorino Photo Store CONSUMER IMAGES. By installing or using the Massimo Fiorino Photo Store consumer images, you signify your acceptance of the terms of this License and you agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, do not install or use the Call Of The Wild consumer images.

LICENSE FOR PERSONAL USE. Massimo Fiorino Photo Store ("MFPS") grants you a non-exclusive license to use, install, and copy the Massimo Fiorino Photo Store digital consumer images ("MFPS Consumer Images") subject to the following restrictions:

You may exercise the foregoing license solely for your personal use. "Personal use" is defined as the private, non-commercial use of the MFPS Consumer Images, including the display of the MFPS Consumer Images at various resolutions in combination with other materials such as a personal web page, the creation of printed materials containing the MFPS Consumer Images, and the use of the MFPS Consumer Images for reference, research and any other private, non-commercial purposes.

LICENSE FOR NON-PROFIT USE. Massimo Fiorino Photo Store ("MFPS ") grants you a non-exclusive license to use, install, and copy the accompanying Massimo Fiorino Photo Store digital images ("MFPS Consumer Images") subject to the following restrictions:

You may exercise the foregoing license solely for your Non-Profit use. "Non-profit use" is defined as the private, non-commercial use of the MFPS Consumer Images, including the display of the MFPS Consumer Images at various resolutions in combination with other materials such as an organization's web page, the creation of printed materials containing the MFPS Consumer Images, such as a newsletter, and the use of the MFPS Consumer Images for reference, research and any other private, non-commercial purposes. In addition, non-profit organizations may use the MFPS Consumer Images in conjunction with fundraising activities, including the sale of items using the MFPS Consumer Images with the following restrictions:

1.

MFPS Consumer Images may not be sold in any electronic form, either as an individual digital image, or part of a collection of digital images, including but not limited to: duplication of existing MFPS CD-ROM collections; screensavers; wallpapers; images on CD-ROM, floppy diskette, or other "removable media" for computer use; and files made available for download over the Internet or private intranet.

2.

The MFPS copyright notice must be appropriately and prominently displayed.

3.

The non-profit organization or one of it's members must have purchased the CD-ROM, and the organization and it's members agree to be bound by the terms and conditions of this licensing agreement.

4.

The non-profit organization may use a commercial entity to manufacture item(s) being used as part of the fundraiser provided the non-profit organization seeks out the commercial entity.

5.

A commercial entity may purchase the MFPS Consumer Images on behalf of the non-profit organization for any acceptable non-profit use as defined above, provided the non-profit organization approached the commercial entity regarding the project prior to the purchase, the non-profit organization is the sole licensee, and the COTW Consumer Images are surrendered to the non-profit organization at the completion of the project.

6.

Any commercial entity approaching the non-profit organization with MFPS Consumer Images is in violation of this agreement.

RESTRICTIONS. Except as outlined above for Non-Profit use, you may not use or incorporate the MFPS Consumer Images in any materials, goods, or services for which you charge or collect any fees, money or other consideration, either directly or indirectly through advertising, sponsorship, or otherwise. You may not use or incorporate the MFPS Consumer Images in any advertising or promotional materials;

While you may incorporate the MFPS Consumer Images into your own printed and electronic materials, you may not resell, license, or otherwise distribute the MFPS Consumer Images or derivative works of the MFPS Consumer Images on a "stand alone" basis (i.e., you may not distribute the MFPS Consumer Images apart from your own printed and electronic materials). You may not sublicense or transfer any of your rights under this License;

You may not use any of the MFPS Consumer Images that contain recognizable persons, entities, or products in a manner which suggests their association with or endorsement of any product or service;

You may not use the MFPS Consumer Images in any pornographic, defamatory, libelous, or other unlawful manner; and

You may not remove, disable or attempt to remove or disable any digital watermarks or other proprietary notices or markings that may be included with the MFPS Consumer Images.

TITLE. The MFPS Consumer Images are the proprietary and copyrighted materials of Massimo Fiorino and/or its suppliers, and all rights, titles, and interests in and to the MFPS Consumer Images remain with Massimo Fiorino and its suppliers.

NO WARRANTIES. Massimo Fiorino provides the MFPS Consumer Images to you "as is," without warranty of any kind, and MFPS specifically disclaims all warranties, expressed or implied, with respect to the MFPS Consumer Images including without limitation any implied warranties of merchantability and fitness for a particular purpose. There is no warranty of Title or noninfringement for the MFPS Consumer Images.

LIMITATIONS OF LIABILITY. In no event shall MFPS be liable for any third party claims or any incidental, consequential or special damages arising out of this license or your use or inability to use the MFPS Consumer Images, even if MFPS has been advised of the possibility of such damages. In no event shall MFPS 's liability (whether in Tort, Contract or otherwise) exceed the fee paid to MFPS for use of the MFPS Consumer Images.

TERMINATION. MFPS may terminate the License immediately if you fail to comply with its terms and conditions.

REVISIONS AND MODIFICATIONS. MFPS reserves the right to make revisions and modifications to this License so that the original intent of the license remains intact. In the event it is brought to the attention of MFPS that one or more of the provisions can be held invalid or interpreted other than intended, the provision(s) shall be modified to maintain the integrity of the License, and the revised License shall be posted on the website.

GENERAL. This License is intended as a legally binding agreement between you and Massimo Fiorino. Its terms state the entire agreement between you and Massimo Fiorino with respect to your use of the MFPS Consumer Images and supersede any prior understandings or agreements to the contrary. If any provision of this agreement is held invalid, the remainder shall continue in full effect. Failure by Massimo Fiorino to act on any breach of compliance does not imply a waiver of our rights in terms of the breach or subsequent breaches of compliance. This License is governed by the laws of the State of Italy without regard to its principles on choice of law, and in any action relating to this License or the MFPS Consumer Images you agree to the jurisdiction and venue of the state and federal courts sitting in Napoli, Italy.




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