ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR USING ANY PART OF THE SITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE THE SITE OR ANY ASPECT OF THE SERVICES PROVIDED BY THE SITE.

PhotoScramble.com is owned and operated by Wedding Details, LLC ("the Company"). We provide services under certain terms and conditions that we call Terms of Service ("TOS"). We may update these from time to time, without notice to you. It is your duty to check these when you use the site to insure that you comply with the current TOS. There may be other rules posted throughout the site which you will be required to observe.

2. WHAT WE DO We currently provide users with photo contest resources (herein the "Service"). The services are provided "AS-IS" We assume no responsibility for information posted on this site originated by others, including, but not limited to users and advertisers. You are responsible for any and all costs associated with accessing this site. WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION OR PHOTOS GIVEN/UPLOADED TO US BY A USER OR POSTED ON THIS SITE. Please be aware that this site may contain adult or mature content. You must be at least 18 years of age to use the services provided by us.

This Service allows third-parties to host photo contests and related activities (Contest Hosts). This Service also allows third parties to upload and display photographs, graphics and other digital information (Media) into contests run and operated by Contest Hosts. (Contest Participants). This Service also allows Contest Participants and/or Contest Hosts to use third party printing services to Print Media. This Service also allows Contest Participants and/or Contest Hosts to offer their Digital Media for sale to the general public. This Service offers related and unrelated services to the above.

3. CLAIMS OF COPYRIGHT INFRINGEMENT We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent: Service Provider: PhotoScramble.com Name of Agent Designated to Receive Notification of Claimed Infringement: Enrico Schaefer Full Address of Designated Agent to Which Notification Should be Sent: 810 Cottageview Dr., G20, Traverse City, MI 49684 Telephone Number of Designated Agent: 866.936.7447 Facsimile Number of Designated Agent: 866.936.7447 E-Mail Address of Designated Agent: enrico.schaefer@traverselegal.com To be effective, the notification must be a written communication that includes the following:

• 1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


• 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


• 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;


• 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;


• 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


• 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give you notice that we have removed or disabled access to certain material by means of a general notice on any PhotoScramble.com website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:


• 7. Your physical or electronic signature;


• 8. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;


• 9. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and


• 10. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which PhotoScramble.com may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.


4. YOUR OBLIGATIONS

By using this site you certify that you are 18 years of age or older, you agree that any information that you provide to us (or others through this site) is true, accurate, current and complete information, and you agree to maintain and promptly update the Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we believe that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services.

For users using the Service to run contests (Contest Sponsors), payment terms are those listed on the web site. There are no refunds for use of the Service after payment is received. Contest Sponsor is fully responsible for complying with these TOS and for complying with any and all contest laws that may apply. Contest Sponsor is required to create all contest rules which will apply for their Contest, including any copyright licenses between Contest Sponsor and anyone user uploading or submitting digital content to the contest (Contest Participant). All contest agreements, contracts and their respective rights are strictly between the Contest Sponsor and the Contest Participant. Contest Sponsors and Contest Participants agree that any disputes arising between them related to the Services will be handled and resolved between them, without including or naming the Company, its employees, agents, contractors, vendors, successors or assigns or any related company as a party to any proceeding, lawsuit, arbitration or other dispute resolution scheme.

As a Contest Host you agree not to re-sell opted-in email addresses to ANY third party service obtained from Contestents or Contest Voters. In the event that email addresses are resold without the permission of Contestents or Contest Voters, you could be subject to penalty by law and PhotoScramble reserves the right to terminate your account without refund. You agree to only use these emails in such a way that the Contestents or Contest Voters have agreed to, and only for the particular type of service that Contenstent or Contest Voter has opted-in for. You also agree that PhotoScramble is not liable for any legal action that may be taken by a Contestent or Contest Voter in the event that you use the email in any other way that was not agreed to by the Contenstent or Contest Voter obtained via opt-in.


5. YOUR ACCOUNT, PASSWORD AND SECURITY You will receive a password and account, and you are responsible for all activities that occur under your account. You agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely liable for any loss or damage arising from your failure to comply with this Section

6. YOUR CONDUCT You understand that we do not provide the information on the site and that all publicly posted or privately transmitted information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Services and this site. Since we do not control the Content posted on the site or sent to you from information gleaned from the site, we cannot and will not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we will not be liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to NOT use the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant: a. that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable; b. that you will not harm minors in any way; c. that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. that you will not forge headers or otherwise manipulate identifiers in order e. disguise the origin of any Content transmitted through the Service; f. that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); g. that you will not upload, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, or other proprietary rights ("Rights") of any party; h. that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; i. that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; j. that you will not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; k. that you will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; l. that you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. law or treaty, any rules of any national or soveriegn and any regulations having the force of law; m. that you will not "stalk" or otherwise harass another; or n. that you will not collect or store personal data about other users. You acknowledge that we do not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the site. We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on this site could gain access to it.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sublicense the Content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

9. INDEMNITY You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available to us.

10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including Content.

11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it. We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE We have the right to modify or discontinue this service at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION We may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.

14. DEALINGS WITH ADVERTISERS Your dealings with, advertisers found on or through our site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.

15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the content or functionality of such sites. Furthermore, the existence of a link on our site does not imply an endorsement of that site, the owners or content thereon. You agree to be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.

16. OUR PROPRIETARY RIGHTS You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the anything found on our site.

17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW): a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. TRADEMARK INFORMATION PhotoScramble.com, the PhotoScramble.com logo, trademarks and service marks, and other PhotoScramble.com logos and product and service names are trademarks of the Company (the "PhotoScramble.com Marks"). Without the Company's prior written permission, you agree not to display or use in any manner, the PhotoScramble.com Marks.

21. GENERAL INFORMATION The TOS constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and the Company shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona. You acknowledge that the Company shall have the right to take legal action against you if your actions violate the TOS and such violation results in damage to the Company or any of its affiliates. The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect and enforceable.

22. VIOLATIONS Please report any violations of the TOS to our Customer service email (insert link).

23. JURISDICTIONAL AND VENUE ISSUES You agree that any action at law or in equity arising out of or relating to these TOS shall be filed, and that venue properly lies, only in state located in Traverse City, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the Service is appropriate or available for use in any particular location.