TERMS OF USE
These Terms of Use (these "Terms") govern your use of the Web site currently located at www.drewaltizer.com (the "Site"). Drew Altizer Photography ("we" or "us") owns and operates the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY PART OF THE SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR RIGHTS AND RESTRICTIONS IN CONNECTION WITH ANY PHOTOGRAPHS YOU DOWNLOAD ON OR THROUGH THE SITE. BY USING THE SITE OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AFFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND YOU REPRESENT AND WARRANT THAT (A) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS; AND (B) YOU HAVE THE RIGHT AND AUTHORITY TO MAKE AND ENTER INTO THESE TERMS FOR YOURSELF AND/OR ON BEHALF OF ANY COMPANY, ORGANIZATION OR OTHER ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.

Ownership
The content on the Site, including, without limitation, text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like ("Content") and the DREW ALTIZER word marks and DREW ALTIZER design marks, as well as certain other of the names, logos and materials displayed on or through the Site that constitute trademarks or logos ("Marks") are owned by or licensed to us and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.

Use Of The Site And Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us and our applicable licensors. The Site is provided for your personal, non-commercial, entertainment use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
Regardless of the use of the word "purchase," all photographs offered for download on the Site are offered for license, not purchase or sale, and are subject to these Terms and any other license terms and conditions applicable to the particular photograph, including, without limitation, any restrictions imposed by the use of digital rights management technology. All licenses to download photographs are personal to you and are limited to your personal, non-commercial, entertainment use. NONE OF THE PERSONS WHO APPEAR IN ANY OF THE PHOTOGRAPHS ON THE SITE HAVE CONSENTED IN WRITING TO THE USE OF THEIR IMAGE FOR ANY COMMERCIAL PURPOSE AND THE USER IS RESPONSIBLE FOR OBTAINING ANY NECESSARY WRITTEN CONSENTS FOR COMMERCIAL USE OF PHOTOGRAPHS. For the avoidance of doubt, all licenses to download photographs do not include the right to (a) sell, rent, transfer, license, or otherwise provide such photographs to any third party, (b) create derivative works of such photographs; or (c) make copies of such photographs other than for your own personal, non-commercial, entertainment use.
Prohibited content and activity includes, but is not limited to:
1.  Violating any local, state, national, or international law or regulation.
2.  Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
3.  Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
4.  Knowingly transmitting any material that contains adware, malware, spyware, 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.
5.  Stalking, harassing, or harming another individual.
6.  Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
7.  Interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site.
8.  Launching any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.  

Privacy Policy
You agree that we may use any information we obtain about you in accordance with the provisions of our PRIVACY POLICY.

Feedback
You further agree that we are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback ("Feedback"), whether oral or written, that you may send to us. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duties to you, with respect to such Feedback.

Links To And From Other Web Sites
The Site may provide, or third parties may provide, links to other Web sites or resources. Because we have no control over such third-party Web sites and resources, you acknowledge and agree that we are not responsible for the availability of such Web sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such third-party Web sites or resources. You further acknowledge and agree that we shall not 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 third-party Web sites or resource.

Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEB SITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
1.  ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
2.  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
3.  ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
4.  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
5.  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
6.  FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation Of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE.

Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnity
You agree to indemnify, defend, and hold harmless Drew Altizer Photography, its owner, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (1) your (or anyone using your account's) violation or breach of these Terms; (2) your (or anyone using your account's) use of an photographs available on or through the Site; and (3) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, intellectual property rights, publicity rights, and privacy rights. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Your obligations under this section will survive the termination of any relationship with us.

Force Majeure
Without limiting the foregoing, under no circumstances will we be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Termination
If you violate any of these Terms, your permission to use the Site and all licenses granted to you to use photographs under these Terms automatically terminate.

Modifications To The Site
We reserves the right to modify or discontinue the Site with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site.

Other Provisions
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms, together with our Privacy Policy and any other rules or guidelines posted in connection with the Site or Content, are the entire and exclusive agreement between you and us regarding the Site and Content, and these Terms supersede and replace any prior agreements between you and us regarding the Site and Content.

Changes To These Terms
We may, in our sole and absolute discretion, change these Terms from time to time. We will post a copy of the Terms as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.

Effective Date:  August 10, 2008