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LEGAL NOTICES/PRIVACY

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Your continued use of elvisphotos.com following the posting of changes to these terms (including the elvisphotos.com Privacy Policy and Rules) will mean you accept those changes.

Restrictions on Use of Materials

This site is owned and operated by Elvis Presley Enterprises, Inc. (referred to as “EPE,” “we,” “us,” or “our” herein). No material from elvisphotos.com or any Web site owned, operated, licensed, or controlled by EPE may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of EPE’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Elvis Presley Enterprises, Inc.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by EPE. EPE does not transfer title to the Software to you. EPE retains full title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Submissions

If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of EPE. None of the Submissions shall be subject to any obligation of confidence on the part of EPE, and EPE shall not be liable for any use or disclosure of any Submissions. EPE shall exclusively own all now known or hereafter existing rights to the Submissions of every kind throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Public Communication

You shall not upload to, distribute through, or otherwise publish through elvisphotos.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of elvisphotos.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on EPE; (2) protect and defend the rights or property of EPE; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By submitting materials to EPE or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Jurisdictional Issues

This site is controlled and operated by EPE from its offices within the Sate of Tennessee, United States of America. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimers

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EPE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTIONESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EPE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EPE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF EPE OR A EPE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Other

These terms shall be governed by and construed in accordance with the laws of the State of Tennessee. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Shelby County, Tennessee, and you consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

EPE Online Privacy Policy

The policies below are applicable to elvisphotos.com and other sites on the World Wide Web portion of the Internet owned and operated by Elvis Presley Enterprises, Inc.

EPE collects personally identifying information only during (i) contest or sweepstakes registration; and (ii) informational requests. EPE may use such information to fulfill prizes, track compliance with our Rules for feedback purposes. In the event EPE plans to post any such information on a site, guests are provided prior notification of such posting.

Policies for Individuals

Unless otherwise disclosed during collection, EPE does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever.

Guests’ e-mail addresses are never posted on elvisphotos.com.

With the permission of a guest who is 18 years of age or over, information submitted at the time of registration or submission may be used for marketing and promotional purposes by elvisphotos.com and may be shared with companies that have been pre-screened by EPE. Currently EPE is sharing such information with MBNA America Bank for marketing the Elvis Presley VISA card. If a guest objects to such use for any reason, he/she may stop that use -- either by e-mail request or by modifying his/her registration information on-line.

If you wish to stop receiving e-mail updates from elvisphotos.com, you can always unsubscribe yourself from e-mail by sending us an e-mail with the word "unsubscribe" in the body copy.

About IP Addresses

elvisphotos.com collects IP addresses for the purposes of system administration and to report aggregate information to our advertisers.

An IP address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. Web servers -- the big computers that “serve” up Web pages -- automatically identify your computer by its IP address.

When guests request pages from elvisphotos.com, our servers log their IP addresses. We do not link IP addresses to anything personally identifiable. This means that a user’s session will be logged, but the user remains anonymous to us.

Use of Cookies

What are cookies? Cookies are pieces of information that a Web site transfers to any individual’s hard drive for record-keeping purposes. Cookies make Web-surfing easier for you by saving your passwords, purchases, and preferences while you’re at our site. The use of cookies is an industry standard -- you’ll find them at most major Web sites.

By showing how and when guests use the site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. If you accept the first tracking cookie from elvisphotos.com, you won’t be offered as many afterwards.

You may occasionally get cookies from our advertisers. elvisphotos.com does not control these cookies, and these cookies are not subject to the elvisphotos.com cookies policy. The use of advertising cookies sent by third-party servers is standard in the Internet industry.

Most browsers are initially set to accept cookies. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the site, like the shopping areas, will not function properly if you do so.

By using this site, you signify your assent to the EPE Privacy Policy. If you do not agree to this policy, please do not use the site. We reserve the right, at our discretion, to change this policy at any time. Please check this page periodically for changes. Your continued use of elvisphotos.com following the posting of changes to these terms will mean you accept those changes. You can send e-mail to us with any further questions.

Your use of the site

You agree to furnish true and accurate information when requesting to use an image from our site.

Any license granted by Elvis Presley Enterprises, Inc. (EPE) may be terminated immediately, without notice from EPE, if you fail to comply with any provision of this agreement or other usage agreement issued by EPE or if any information you provide is found to be erroneous. If a license is terminated, you must immediately (i) stop using any images provided by EPE (ii) delete all images and copies from all magnetic media and return all hard copies (prints, transparencies, etc.) to EPE.

You may not remove any copyright or other notices contained in the images and information.

Unauthorized Use

Without limitation, images from this site may not be utilized for any purpose without written permission from EPE nor may they be used for any pornographic use, unlawful purpose or use, or in any derogatory or defamatory manner, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of any image constitutes copyright infringement and shall entitle EPE to exercise all rights and remedies under applicable copyright law, including an injunction against further use and monetary damages.

EPE's pricing and usage information is confidential and proprietary information belonging to EPE. You may use pricing and image usage information solely for the purpose of determining whether you wish to purchase a license for an image. All other use if prohibited. You may not copy, save, archive or distribute any pricing or usage information from this site and you may not reproduce any pricing or usage information without EPE's prior written approval.

The foregoing does not limit EPE's rights or remedies in connection with any unauthorized use.

Indemnification

You will indemnify and defend EPE against all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this agreement (2) your failure to abide by any restriction regarding the use of an image, or (3) any claim by a third party related to the use of this site or any image, alone or in combination with any other material.

Notification of Copyright Infringement

EPE may terminate the license of users who infringe on the intellectual property rights of EPE or others. If you feel that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on EPE's site, send EPE a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work(s) that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on EPE's site; (iv) information sufficient for EPE to contact you, such as your physical address, telephone number or e-mail address; (v) a statement that you have a good fair belief that the use of the material you identified is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send the above referenced information to:

Licensing Dept.
ELVIS PRESLEY ENTERPRISES, INC.
3734 Elvis Presley Blvd.
Memphis, TN 38116
by fax: 901.345.8511
e-mail: photos@elvis.com

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