PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Driver Photos.com (the "Site") is all about the motorsports industry. For the protection of our advertisers, suppliers, partners, you and us, the Terms of Use are very important.

Driver Photos (the "Site") is owned and operated by CAVAHO, L.L.C.. On a more familiar note, CAVAHO, L.L.C. also owns and operates Driver Websites.com – The leader in Web Development for the Autosports Industry. These Terms of Use apply to your access to, and use of, the Site, your use of any digital photography, media hosting services, other services provided on or through this Site (the "Services"), and to your purchase of any photographic prints or other products ("Products") from Driver Photos . However, these Terms of Use does not alter in any way the terms or conditions of any other agreement you may have with Driver Photos. You know who you are and you are entitled to your contract between you and Driver Photos. Your use of the Site and the Services and your purchase of Products are conditioned upon your agreement to these Terms of Use. Your consent to our communicating with you about the Site, the Products and the Services by email and/or system messages, and if necessary, by regular mail or telephone.

The Site's PRIVACY POLICY will explain in detail how we collect, use and disclose personal information from users of the Site. You understand and agree that we may store and process your personal information for expansion of the Site and the Sites affiliates.

Driver Photos online photo hosting and related services (the "Hosting Services") provide you a place to store your motorsport related photos ("Photos"). By becoming a member of Driver Photos, you agree to be bound by and accept the additional terms and conditions set forth below in Account Terms.

These Terms of Sale are applicable to the purchases of any reprints of any Photos or other Products from the Site. Other than may be specifically provided in a separate written agreement between you and Driver Photos, the Terms of Sale may not be altered or amended by the use of any document, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other aspects of the Terms of Use, these Terms of Sale shall control.

Driver Photos Site enables any person or entity who owns or is otherwise authorized to license Photos (the "Content Owner") to post such Photos on the Site and to use Driver Photos 's shopping cart to facilitate the license of such Photos by the Content Owner through the Site. These licenses are made directly between the user and the Content Owner and are merely facilitated by Driver Photos. Driver Photos Professional subscribers may make Photos available for license to Site users through the Site by setting prices for them in the pricing area of the “my account” section. By posting any Photos and indicating the Photos may be licensed by Site users, Content Owners agree to be bound by and accept the terms and conditions set forth in Section D below, which are a part of these Terms of Use. If you license any Photos from a Content Owner through the Site, you agree to the terms of the applicable end user license agreement according to the Commercial Use License and/or Personal Use License found at the bottom of the site.

The Site and all Photos, text, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Driver Photos or its licensors or users and are protected by United States and international copyright laws.

Driver Photos grants you a limited, non-sub licensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with Driver Photos . Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

a. the collection, copying or distribution of any portion of the Site or the Site Materials;
b. any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
c. modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
d. scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
e. with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
f. any use of the Site or the Site Materials other than for their intended purposes.

Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Driver Photos or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.

Driver Photos has adopted a policy of terminating, in appropriate circumstances and at Driver Photos sole discretion, account holders who are deemed to be repeat copyright infringers. Driver Photos may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any material on the Site 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:
Ross VanEck
PO Box 88913
Sioux Falls, SD 57109
help@driverphotos.com

Driver Photos makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Driver Photos provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.

Driver Photos may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by Driver Photos of any Third Party Content. Driver Photos makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.

Third Party Content may include:
• Content being submitted by drivers who were tagged in which their news, schedule, blog posts, guesbook comments, sponsors and other information from their own personal website.
• Information being submitted on Sprint Source by a third party user on Sprint Source in which that information is being pulled to The Site.

Driver Photos subscribers (on their own sites) or Driver Photos (on public areas of the Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and Driver Photos does not endorse, approve, or control any such products, services, advertising or promotions. Driver Photos 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 or third party products and services on the Site.

The Site includes hosting and storage services and other social interactive areas in which you or other users may post or transmit Photos, text, information or other content or materials ("User Content"). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:

a. User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content not "G" Rated;

b. User 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 law of all statutes;

c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;

d. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

e. User Content that, in the sole judgment of Driver Photos , is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Driver Photos or its users to any harm or liability of any nature.

Although we prohibit certain activities in these Terms and Conditions, Driver Photos does not control, take responsibility or liability for any User Content or reciprocation to any other party of such content. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Driver Photos reserves the right to remove and edit any User Content on The Site at any time for any reason at Your cost and Expense.

You retain the Copyright in any User Content you post on The Site. However, Driver Photos reserves the right to use the User Content royalty free as is necessary to display User Content, provide services to and the License of Photos on The Site.

You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User 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.

Certain activities on the Site require you to register and create an account. In order to create a photographer account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration is complete and accurate. Driver Photos reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Driver Photos may send important notices about your account or the Services to that email account.

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 User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User 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 Driver Photos 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 Driver Photos.

You as the photographer agree to allow Driver Photos exclusive rights to your photos for the use of resale on The Site, and The Site Only, once you have uploaded them to your account on The Site. You understand that Driver Photos are reproducing your photos once a user has purchased the photo.

Driver Photos will not use the photos in any matter other than online sales within the website of Driver Photos. Once you have purchased your account on Driver Photos, you will be able to upload photos to your account to have them ready for Driver Photos to reproduce in print form by sales from Driver Photos only.

You, the Photographer, have the option to terminate the agreement at any time in which no refund will be issued. To terminate your agreement, contact Driver Photos at info@driverphotos.com . Your photos will become inactive if you decide to not renew your subscription.

You will tag your photos accordingly to allow users of the site to filter the photos to find the exact one they are looking for.
You understand that Driver Photos is owned by Driver Websites and if you shall have any questions regarding my account I will email info@driverphotos.com or call Driver Websites at (605) 212-9052.
Payments made to the photographer will be issued on the 5th of every month if and only if there have been a total of $25 or more worth of your photos purchased on The Site. If we have not purchased over $25 in one month, that total will be rolled into the following month.

Certain activities on the Site require you to register and create an account. In order to create a photographer account, you must at least 13 years old with a valid email and home address. By registering, you represent and warrant that you are over 13 and that all information you provide in the registration is complete and accurate. Driver Photos reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Driver Photos may send important notices about your account or the Services to that email account.

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 User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User 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 Driver Photos 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 Driver Photos.

The Site, Site Materials, Products and Services are provided on an As Is and As Available basis with out warranties of any kind, expressed or implied. Driver Photos disclaims all other warranties, expressed or implied including without limitation implied warranties of merchantability,title and non-infringement as to The Site, The Site Materials, Products and Services.

Driver Photos does not represent or warrant that the site materials or the Services are accurate, complete, reliable, current or error-free or that The Site, Its servers or email sent from Driver Photos is not responsible for errors related to pricing. Driver Photos shall not be liable for errors of such kind. Driver Photos 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 of the Products or Services provided thereon.

In no event shall Driver Photos, Driver Websites, or Cavaho, L.L.C. or its directors, members, or employees be liable for any direct, indirect or consequential damages, or any other damages of any kind including, but not limited to , loss of use, profits, or data, whether in action in contract out of or in any way connected with the use of or inability to use or view the site, the services, products or content, or the materials contained in or accessed through the website, including any damages caused by or resulting from your reliance on ay information obtained from Driver photos, or that results from mistakes, omissions, interruptions, deletion of files or email, server errors, defects, viruses or suspension or other failure of performance.

You agree to defend, indemnify and hold harmless Driver Photos 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 reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of or inability to use the Site, the User Content, the Site Materials or the Services, or the licensing of your Photos to third parties through the Site, including 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 User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

All prices are listed in U.S. dollars and are valid until altered by us. Driver Photos currently accepts VISA and MasterCard credit/debit cards. Driver Photos 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 for Products, 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 Driver Photos for any and all costs incurred in collecting amounts owed by you to Driver Photos , including, without limitation, attorneys' fees and costs of collection agencies.

We attempt to ship all orders for prints within 1-2 business days. The estimated delivery time applicable to various methods of shipping are available on the Site at the time you place your order. Driver Photos is not responsible for any delays in shipping. Our standard business hours are Monday through Friday 9 a.m. to 3 p.m. Central Standard 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 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. If for some reason an item in your order is temporarily out of stock or photo is on backorder, we may hold your order until it is complete.

If you are unsatisfied with any Photos or other Products you purchase from Driver Photos , we will gladly accept the return of any Product you have ordered from us for any reason within twenty(20) days of receipt and reprint the Product or refund the purchase price. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. However, we will generally not refund your original shipping cost unless your order is defective in some manner. Contact Driver Photos at info@driverphotos .com regarding the replacement or refund of any Product. Please do not contact your credit card company to dispute a charge before contacting Driver Photos.

Once you have agreed to all terms while making a photographer account, we issue zero refunds if you would wish to cancel, terminate, or discontinue to use The Site. You account will be active until the next billing cycle and you will still be elligible for photo purchases until your next billing cycle. Once the billing cycle is up, your photos will be inactive and no longer available of purchase.

Driver Photos may revise or discontinue Services at any time without prior notice, and Products may become unavailable even after an order is placed. All prices for photos and account are subject to change without notice.

By uploading or posting Photos to be licensed to Site users using Driver Photos 's shopping cart, the Content Owner hereby grants to Driver Photos the right to facilitate the licensing by Content Owner of Photos posted on Driver Photos to a licensee according to the licensing designation identified by the Content Owner upon submission of the Photos. The Content Owner can designate the applicable license, set the license fees and check sales reports in the My Account section of the Site when logged in.

Content owner is responsible for all photos posted to The Site including regulation of the tags affiliated with the photos. Content owner is responsible for tagging their photos to keep the site easy to use and easy to find a particular photo from either an event, certain photographer, driver/rider name, date and shot type.

Photos uploaded to The Site for Online Sales should be free from any distinguishable third party names, trademarks, logos, copyright designs, works of art, architecture, or any other depictions requiring additional rights. Content Owner understands and agrees that all Photos are licensed directly by the Content Owner to the licensee and the license type and the license fees for Photos within the Site will be chosen by Content Owner. Driver Photos merely facilitates and enables such license and is not responsible for the Photos.

So long as Content Owner has agreed to make the Photos available through the Site there will not be any restraint on the licensing of Content through the Site to any Site users to the fullest extent possible, according to the type of license provided by the Content Owner.
Content Owner represents and warrants to Driver Photos that:

• Content Owner owns (or has legal right to represent and license) all copyright and other rights, title and interest in and to all Photos submitted to the Site and has the right to grant all licenses granted herein without violating the rights of any third party;

• if the Content Owner who is agreeing to this Terms of Use is an agent of the copyright owner(s), then the Content Owner has been granted full authority of the copyright owner(s) to enter into this agreement;

• all information provided to Driver Photos through the Site or by any all other means concerning all Photos, to the best of its knowledge, is true and accurate; and

• all Photos on the Site submitted by Content Owner have all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation valid Model Releases and Property Releases for Photos depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks.