WHYNOT Unlimited - Terms of Use

Terms and Conditions of Use

Terms and Conditions of Use

Terms of Use of Whynot Unlimited.com are very important. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, BY USING THE MEDIA HOSTING OR OTHER SERVICES PROVIDED ON THIS WEB SITE, OR BY PURCHASING ANY PRODUCTS FROM Whynot Unlimited, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY OF THE SERVICES PROVIDED ON THIS SITE AND DO NOT MAKE ANY PURCHASES.

Whynot Unlimited.com (the "Site") is owned and operated by Whynot Unlimited, Inc. ("Whynot Unlimited"). These Terms and Conditions of Use ("Terms of Use") apply to your access to, and use of, the Site, your use of any digital photography, media hosting or other services provided on this Web site (the "Services"), and to your purchase of any prints or other products ("Products") from Whynot Unlimited. However, these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Whynot Unlimited, or its subsidiaries or affiliates, for products, services or otherwise. Your use of the Site and the Services and your purchase of Products is subject to, and expressly conditioned upon your agreement to, these Terms of Use. If you are using the Site or the Services or are purchasing Products on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to be responsible for and indemnify you and Whynot Unlimited for violations of these Terms of Use.

Whynot Unlimited reserves the right to change or modify any provision of these Terms of Use, and any policy or guideline governing your use of the Site, at any time in its sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of this Site or the Services or the purchase of any products following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Use and applicable policies or guidelines on the Site, to understand the terms and conditions applicable to your use of the Site or the Services or your purchase of any Products. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policy or guideline on the Site, your sole recourse is to stop using the Site and the Services and to not make any purchases.

Privacy - Whynot Unlimited believes strongly in user privacy. Please refer to the Site's Privacy for information on how we collect, use and disclose personal information from users of the Site. Your use of the Site signifies your acknowledgment of, and agreement to, the Site's Privacy Policy. If you are a resident of any country outside the United States, including, without limitation, any country within the European Union, you understand and agree that we store and process your personal information on computers located in the United States, and that by providing any information to Whynot Unlimited, you consent to the transfer of such information to the United States.

Terms of Service - Additional terms apply to Whynot Unlimited's online media hosting and related services as set forth below. Please refer to our Terms of Service for the additional terms, conditions and policies applicable to use of services. By subscribing to or using any services, you agree to be bound by and accept the Terms of Service, which are a part of these Terms of Use.

Sales Terms - Additional terms also apply to the purchase of prints and other products ("Products") from Whynot Unlimited through the Site, as set forth below. Please refer to our Terms of Sale for the additional terms, conditions and policies applicable to your acquisition of Products from Whynot Unlimited. By ordering Products from Whynot Unlimited, you agree to be bound by and accept the Terms of Sale, which are a part of these Terms of Use.

Electronic Communications - When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We will communicate with you by email to your registered email address, by posting general notices on the Site, or by posting messages that are displayed to you when you log in to the 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 And Limited License - Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Whynot Unlimited logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are the property of Whynot Unlimited or its licensors or users and are protected by United States and international copyright laws.

Whynot Unlimited grants you a limited, non-sublicensable license to access and make use of the Site and to print to hard copy informational portions of the site, solely in accordance with, and subject to, the terms set forth in these Terms of Use (including any applicable Terms of Service or Terms of Sale) and any other agreement you may enter into with Whynot Unlimited. Such license does not include: (a) the collection, use, copying or distribution of any portion of the Site or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials, except as may be permitted under the terms of any subscription services you enter into in accordance with the applicable Terms of Service; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes.

Any use of the Site or of any Materials not owned by you, other than as specifically authorized herein, without the express prior written permission of Whynot Unlimited, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Whynot Unlimited at any time.

Repeat Infringer Policy - In accordance with the Digital Millennium Copyright Act and other applicable law, Whynot Unlimited has adopted a policy of terminating, in appropriate circumstances and at Whynot Unlimited's sole discretion, Subscriptions of account holders who are deemed to be repeat infringers. Whynot Unlimited may also, at its sole discretion, limit access to the Site and/or terminate the Subscription(s) of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints - Whynot Unlimited respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Designated Agent:

Customer Service

Whynot Unlimited

Address of Designated Agent:

Post Office Box 14351

Las Vegas, Nevada 89114

E-mail Address of Designated Agent:

info@Whynotunltd.com

Trademarks - Whynot Unlimited, the Whynot Unlimited logo, and any other product or service names, logos or slogans of Whynot Unlimited contained in the Site are trademarks of Whynot Unlimited and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whynot Unlimited. You may not use any metatags or any other "hidden text" utilizing "Whynot Unlimited" or any other name, trademark or product or service name of Whynot Unlimited without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Whynot Unlimited and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks - You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Whynot Unlimited or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time. You may not use a Whynot Unlimited logo or other proprietary graphic of Whynot Unlimited to link to the Site without the express written permission of Whynot Unlimited. Further, you may not use, frame or utilize framing techniques to enclose any Whynot Unlimited trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Whynot Unlimited's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Whynot Unlimited or any third party.

Third Party Sites And Content - Whynot Unlimited may host or provide links to photo galleries, Web pages, Web Sites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to its users and does not imply affiliation, endorsement, approval, control or adoption by Whynot Unlimited of any Web site or any information or content contained therein. Whynot Unlimited makes no claim or representation regarding, and accepts no responsibility for such Third party Sites and Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use these links and Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.

Advertisements And Promotions - Whynot Unlimited may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Whynot Unlimited, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Whynot Unlimited is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Interactive Services or Areas - The Site includes (or may in the future include) content hosting and storage services, discussion forums or other interactive areas or services, including galleries, forums, chat rooms, message boards, or other areas or services in which you or third parties create, post or store content, messages, materials or other items on the Site (collectively, "Interactive Areas"). You are solely responsible for your use of and access to the Interactive Areas and use them at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Any photograph, video, message, data, information, text, music, sound, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other Content containing nudity that would be unacceptable in a public museum where minors visit;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other right of any party. By posting any Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such Content;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
Content that, in the sole judgment of Whynot Unlimited, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Whynot Unlimited or its users to any harm or liability of any nature.

Although we prohibit certain activities in these Terms of Use, Whynot Unlimited does not control and takes no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Whynot Unlimited liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Site and any services provided through the Site is at your own risk. As a provider of interactive services, Whynot Unlimited is not liable for any statements, representations or Content provided by its users in any public gallery, forum, personal home page or other Interactive Area. Whynot Unlimited has no obligation to screen, edit or monitor any Content posted in any Interactive Area,

Judgments as to the acceptability of Content are at the sole discretion of Whynot Unlimited, and Whynot Unlimited reserves the right, and has absolute discretion, to remove, screen or edit any photographs or other Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

You retain all copyright in any Content you post in any Interactive Areas. However, by posting any Content or otherwise participating in any Interactive Area, you grant Whynot Unlimited a perpetual, nonexclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display the Content on the Site, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.

You understand and acknowledge that any Content contained in public postings, including any galleries that are not designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including without limitation appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the Content you post. Whynot Unlimited shall not be responsible or liable for any third party access to or use of the Content you post. You represent and warrant that (a) you own or otherwise control all of the rights to the Content that you post, or you otherwise have the right to post such Content to the Site and to grant the rights granted herein; (b) the Content you supply is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Your Account - Certain activities on the Site, such as subscribing to the Hosting Services, signing up for a free trial, or purchasing Products require you to register and create an account. Only one individual may access the Service at the same time using the same username and password. In order to create an account, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the Site, they must be registered by their parent or guardian. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form is complete and accurate. Whynot Unlimited reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. When registering, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"). Without limiting the foregoing, you must provide an accurate email address, and you must keep your registered email addresses and other account information current, as Whynot Unlimited may send important notices about your account or the Services to that email account. You agree to maintain and promptly update the Registration Data, and any other information you provide to Whynot Unlimited, to keep it accurate, current and complete.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Whynot Unlimited's systems and customers, or to ensure the integrity and operation of Whynot Unlimited's business and systems, Whynot Unlimited may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. Whynot Unlimited's right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of Whynot Unlimited. For information regarding other ways that Whynot Unlimited may use or disclose your Registration Data, please see the Whynot Unlimited Privacy Policy.

Account Security - You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any Content you designate as Private. We cannot, however, guarantee absolute security of your account, your Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Whynot Unlimited of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Whynot Unlimited.

DISCLAIMER OF WARRANTIES - THE SITE, THE MATERIALS, THE PRODUCTS AND THE SERVICES (INCLUDING WITHOUT LIMITATION THE HOSTING SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Whynot Unlimited DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES (INCLUDING THE HOSTING SERVICES) AND THE INFORMATION, CONTENT, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THE SITE.

Whynot Unlimited DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM Whynot Unlimited OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Whynot Unlimited IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. Whynot Unlimited ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF ANY CONTENT YOU POST ON THE SITE.

LIMITATION OF LIABILITY - IN NO EVENT SHALL Whynot Unlimited OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OR COPYING OF PHOTOS, IMAGES OR OTHER CONTENT HOSTED ON THE SITE), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM Whynot Unlimited, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Whynot Unlimited'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Whynot Unlimited, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Whynot Unlimited FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

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.

Indemnity - You agree to indemnify and hold harmless Whynot Unlimited and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, the Content, the Materials or the Services (including without limitation the Hosting Services), including without limitation any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

Applicable Law - Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Assignment - Whynot Unlimited may assign any of its rights or obligations under these Terms of Use to (a) any subsidiary or affiliate; (b) any entity that acquires all or substantially all of the assets of Whynot Unlimited; or (c) any entity that acquires all or substantially all of Whynot Unlimited's interest in the Site, the Services and/or related assets from Whynot Unlimited. You understand and agree that in the event such a transaction occurs, your personal information may be transferred as described in the Site's Privacy Policy.

Severability - If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ADDITIONAL TERMS APPLICABLE TO HOSTING SERVICES ("TERMS OF SERVICE")

These Terms of Service shall form a part of the Terms of Use applicable to Hosting Services, and you may use the Hosting Services only in accordance with the these Terms of Service (and the Terms of Use to which they are a part). These Terms of Service are subject to change without prior written notice at any time, in Whynot Unlimited's sole discretion. Your use of the Hosting Services in any manner constitutes your agreement to the Terms of Use in effect at the time of such use, including these Terms of Service. In the event of any conflict between these Terms of Service and the other provisions of the Terms of Use, these Terms of Service shall control.

Subscriptions - The Hosting Services will only be available to users upon your registration for a free trial (when available) or for a subscription to the Services ("Subscription") and paying in full the subscription fees ("Subscription Fees") applicable to the level of subscription you select (the "Subscription Plan"). Whynot Unlimited currently accepts VISA, MasterCard, American Express, and Discover credit cards. The various Subscription Plans Whynot Unlimited offers and the services, features and Subscription Fees applicable to such subscription level are available on the Site. By subscribing to Whynot Unlimited, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. If the Hosting Services are suspended, then the term of any Subscription Plan to which you subscribe shall be extended to take into account any periods of suspension. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Whynot Unlimited we will terminate your Subscription Plan and refund, on a prorated basis, any unused pre-paid fees related to such Hosting Service. Please note that the foregoing does not apply to the termination of your account in accordance with Section B.4 below.

From time to time, Whynot Unlimited may offer users the ability to sign up for to use the Hosting Services without charge for a limited period of time as designated in the offer (a "Free Trial"). If you register for a Free Trial, you agree that at the end of the Free Trial period, we may automatically charge the credit card designated on your account for the Subscription Fee applicable to the Subscription Plan selected at the time of registration, unless you terminate the Subscription on or prior to 11:59 p.m. PST on the last day of the Free Trial period. Your annual Subscription period begins at the end of the Free Trial Period, or if there is no trial period, immediately upon your registration. Although Whynot Unlimited does not charge your credit card during the Free Trial, Whynot Unlimited may obtain a preauthorization on your credit card for the amount of the applicable Subscription Fee. This is not a charge, but is only a preauthorization to verify that the card is valid and that there is a sufficient credit limit to cover the Subscription Fee if the Subscription is not terminated. You can find out from your credit card provider whether a preauthorization affects your available line of credit.

Terms and Upgrades - All Subscriptions are provided for a one (1) year term, which term will automatically renew each year for an additional one (1) year term unless the Subscription is terminated and/or cancelled by you or Whynot Unlimited prior to the end of such annual term in accordance with Section B.4 below. Upon such renewal, the credit card designated on your account will be billed the applicable Subscription Fee then in effect at the time of renewal. If you notify Whynot Unlimited (via the Control Panel accessible from the Account Settings page) that you wish to upgrade to a higher subscription level, the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.

Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service. Whynot Unlimited reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and Subscription Plans, including without limitations making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, for which you subscribe is permanently discontinued or canceled by Whynot Unlimited, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. Whynot Unlimited SHALL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOGRAPHS OR OTHER MEDIA STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF PHOTOGRAPHS OR OTHER MEDIA OR CONTENT YOU POST TO THE SITE.

Termination of Services - You may request termination of a Subscription at any time by sending an email to info@whynotunltd.com that provides clear written notice of such request, including but not limited to the "nickname" you provided to Whynot Unlimited at the time you ordered your Subscription. When Whynot Unlimited receives your termination request, Whynot Unlimited will terminate your Subscription if it has the necessary information to do so. Whynot Unlimited will notify you of termination via email. Whynot Unlimited may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from Whynot Unlimited.

Additionally, Whynot Unlimited may terminate a Subscription, or any user's access to and use of the Site or the Hosting Services, at any time at its sole discretion, with or without cause, which termination shall be effective immediately. If you violate the Terms of Use (including any Terms of Service), Whynot Unlimited in its sole discretion may, but is not obligated to (a) require you to remedy any violation thereof and/or (b) take any other actions that Whynot Unlimited deems appropriate to enforce its rights and pursue available remedies.

All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason by either party, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any Content you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such Content on a regular basis and before terminating your account.

Please notify Whynot Unlimited promptly of any changes to your email or credit card information. If the credit card designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then Whynot Unlimited may terminate your account for nonpayment. If Whynot Unlimited does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and Whynot Unlimited cannot reach you due to an invalid email address or for any other reason, then Whynot Unlimited will (subject to Section B.4) endeavor to retain your Content on the Site for at least 30 days after termination. However, Whynot Unlimited cannot guarantee that your Content will remain on the Site after termination or that you will receive notice of such termination, so you should make a backup copy of any such Content on a regular basis.

Use of User Information - In the event that you at any time obtain access to any Whynot Unlimited user information, whether directly from Whynot Unlimited or otherwise, including without limitation user names and emails (collectively the "User Information"), you agree that you may not use any such User Information in any manner except as may be specifically authorized by Whynot Unlimited to carry out the purpose for which such User Information was provided. Without limiting the foregoing, you may not share such User Information with any third parties or use it for any marketing purposes of any kind. Further, you agree not to use such User Information in any manner that would be in violation of Whynot Unlimited's Privacy Policy. In no event shall Whynot Unlimited be obligated to provide you with any such User Information. You agree that this provision shall apply both during and after the term of your Subscription.

ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")

These Terms of Sale shall form a part of the Terms of Use applicable to your purchases of any reprints or other Products from the Site. These Terms of Sale are subject to change without prior written notice at any time, in Whynot Unlimited's sole discretion. By placing an order for Products, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Whynot Unlimited, these terms and conditions may NOT be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these terms and conditions. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale shall control.

Pricing; Payment Terms - All prices are listed in U.S. dollars and are valid until altered by us. Whynot Unlimited currently accepts VISA, MasterCard, Discover, and American Express credit cards. Whynot Unlimited reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your Order, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse Whynot Unlimited for any and all costs incurred in collecting amounts owed by you to Whynot Unlimited, including, without limitation, attorneys' fees and costs of collection agencies.

Shipping Terms and Policies - We endeavor to ship all orders for prints within 1-2 business days. However, orders for gift products may take longer to ship, depending on the item. The estimated delivery time applicable to various methods of shipping are available on the site at the time you place your order. However, Whynot Unlimited is not responsible for any delays in shipping. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Orders placed after hours or on holidays will be counted as being placed the next business day. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are the responsibility of the customer and are listed on the Site. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. However, the shipping charge shown during the checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB Shipping Point. Title to products passes from Whynot Unlimited to you upon shipment If for some reason an item in your order is temporarily out of stock, we will hold your order until it is complete.

Return Policy - If you are unsatisfied with your order, we will gladly accept the return of any item you have ordered from us for any reason within thirty (30) days of receipt. Please write info@whynotunltd.com for return instructions. Upon completion of the return procedure and receipt of the returned merchandise, we will issue you a full refund of the purchase price paid for such item. However, we will generally not refund your original shipping cost unless your order is defective in some manner.

Product Availability and Pricing - Whynot Unlimited may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.

Product Descriptions; Pricing; Errors - Whynot Unlimited attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Whynot Unlimited is not as described or pictured, your sole remedy is to return it in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

Disclaimer of Warranties - THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND Whynot Unlimited's SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO ANY PRODUCTS OR SERVICES, AND Whynot Unlimited EXPRESSLY DISCLAIMS AND EXCLUDED ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO PRODUCTS, DELIVERIES, OR OTHERWISE.

Date of Last Revision: July 30, 2010