These Terms of Service describe the way in which you (Member) may use the AVOwners.com services, and the way in which Internet Design Concepts (IDC) will operate AVO. In this Agreement, "AVO" means the AVOwners.com web site, its subsidiaries that participate in offering services, or its agents, employees, contractors, or others authorized by IDC.

Definitions

AVO: AVO consists of the features, functions, services, and content provided by the AVOwners.com web site, as well as the features, functions, services, and content provided by third parties and accessible through AVO.

Users: Use of AVO is limited to Members authorized by IDC. Anyone using AVO is referred to as a "User."

UserName: A "UserName" is a unique identifying name, number, or combination of name and number assigned to an account and used to access AVO.

Members: A "Member" is a person (i) who is legally capable of agreeing to, and has agreed to, the Member Agreement and these Terms of Service (ii) and whose name, e-mail address, and account information have been provided to IDC and are recorded on IDC's records as the person responsible for a particular user account.

Modifications / Changes to Agreement and Service

IDC may change the Member Agreement or Terms of Service at any time. IDC will notify you of the change either via e-mail, or through a notice published on AVO. By accessing AVO after a notice of a change has been published, you are agreeing to be bound by the change. If you do not agree to a change, you must terminate your membership as explained below. IDC may discontinue or revise any or all other aspects of AVO at its sole discretion and without prior notice.

Effective Date

These Terms of Service will become effective on the date you agree to it by completing all of the membership information required on the Member Registration Form. You also agree to these terms by continued use of AVO services.

Termination

By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify IDC by sending e-mail notification using our contact form. After receipt of your termination notice, IDC will terminate your account.

By IDC: IDC may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing AVO using Member's UserName. IDC, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to AVO with or without notice, to any User.

Membership fees/charges

Fees / Charges / Taxes: IDC does not charge a fee for AVO Membership.

Operating Costs: AVO is operated by IDC, it's employees, and/or associates. IDC offers advertising banners placed within AVO to supplement operating costs incurred. Members may make contributions to AVO at our Supporting Membership Payment Processing Center. For more info on supporting membership, view the thread here

Member Responsibilities

Use of Services: Member is responsible for all Users who access AVO using the UserName. Member must notify AVO support promptly by using the contact form or by telephone regarding the theft or loss of any UserName or password. Member may only register one UserName. Should any circumstance arise that warrants an additional or replacement UserName, Member must request permission from an AVO administrator. Under no circumstances will multiple UserNames be permitted without express written permission. Registering more than one UserName without permission may result in immediate cancellation of any and all usernames involved and Member may be forbidden to register again.

Copyright and Other Legal Compliance: Users retain all rights in any material uploaded to AVO by User or others authorized by User. No copyrighted material may be placed on AVO by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on AVO. You may download the material available on AVO for your personal, non-commercial use. Except as may be permitted by the Copyright Law, you are responsible for obtaining permission before reusing any copyrighted material that is available on AVO. In some cases, you may receive permission on AVO; in other cases you may need to obtain permission directly from the copyright owner.

Prohibited Activities: When considering whether or not to upload files, please note that AVO contains public (i.e. viewable by anyone with Internet access) albums. You may not upload, or permit others to upload, material to AVO if that material (i) infringes or violates the rights of others, (ii) is, or may be perceived by IDC or other likely recipients as, defamatory, deceptive, misleading, abusive, profane, offensive, sexually explicit, or inappropriate, (iii) contains any virus or other content that may damage AVO, the network, or any other User's equipment or software, or (iv) violates any laws, rules, or regulations of any governmental or other administrative organization having authority over AVO, IDC, or Users.

Except as permitted under this Agreement, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through AVO.

Member acknowledges that it is IDC's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to AVO.

Grant of Limited License to IDC: Users agree that IDC is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to AVO (the "Submitted Materials") for the purposes of (i) display on the user's personal sites and (ii) in the Gallery or public site as submitted by the user and (iii) production of personalized photo finished products or reprints ordered by members or their guests. IDC disclaims ownership of "Submitted Materials" and will not resell or otherwise convey these rights to any third party. You also grant to IDC the right to use your name in connection with the Submitted Materials.

General Copyright Information: The entire content of AVO is copyrighted by IDC as a collective work under the United States Copyright laws. The copying, reproduction, or publication of any part of AVO unless expressly authorized in writing by IDC is prohibited.

Backup Copies of Images and Other Material: AVO is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although IDC takes reasonable precautions to preserve and protect the material you may upload to IDC, you should not rely on AVO as your only source for the material you provide. You should backup copies of any digital information you have uploaded or authorized others to upload to AVO.

Warranty / Disclaimer / Limitation of Liability

Member acknowledges that use of AVO is at Member's sole risk. AVO is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of AVO. AVO is made available on an AS IS basis. IDC may, at its discretion, but shall not be obligated to, provide support for AVO and related IDC software and tools. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO AVO. Neither IDC nor anyone else involved in creating, producing, or delivering AVO, or any services accessible through AVO, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement. The provisions of this Section will survive termination of this Agreement.

Indemnification

You agree to indemnify, defend and hold harmless IDC against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing AVO under your account.

Entire Agreement

The Member Agreement and these Terms of Service constitute the entire agreement (collectively "Agreement") between IDC and Member with respect to AVO and supersede all other communications.

Miscellaneous Provisions

3rd Party Beneficiaries: The provisions of this Agreement are for the benefit of IDC and its service providers, licensors, employees, and agents; and each may assert and enforce those provisions directly on its own behalf.

Governing Law / Venue / Jurisdiction: This Agreement shall all be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida, and that any legal action or proceeding between IDC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. Any cause of action brought by Member must be instituted within one year after the claim or cause of action has arisen. IDC's failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.