Terms of Use

Acceptance of Terms

ON1, Inc. makes available for use this website and the information posted including software, documentation, and products (collectively, the "Materials") and various services operated ("Services"), subject to the terms and conditions set forth in these Terms of Use. By accessing or using this Site, you are agreeing to the Terms of Use. If any site user breaches any of the Terms of Use their authorization to use this Site automatically terminates and they must immediately destroy any Materials downloaded or printed from the Site.

Copyright

The materials, content, services and software on this site are the protected copyright material and the intellectual property of ON1, Inc., unless otherwise noted. No portion of the information contained on this site may be reproduced without the written consent of ON1, Inc.

Use of Software and Online Services

The software and services that are made available on and from this Site are the copyrighted material and work of ON1, Inc. and/or its suppliers. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may view our End User License Agreement here. Unauthorized duplication of software is a Federal crime.The Software & Information Industry Association (SIIA), states "anyone who violates any of the exclusive rights of the copyright owner ... is an infringer of the copyright" (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make "another copy for archival purposes only," which are specifically provided in the Copyright Act (Section 117).

ON1 Plus Terms of Use

Welcome to the terms and conditions (Terms) for ON1 Plus. These Terms are between you and ON1, Inc. and/or its affiliates ("ON1.com" or "Us") and govern our respective rights and obligations. Please note that your use of the ON1.com website and Plus membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the ON1.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Plus membership, you accept these terms, conditions, limitations and requirements.

ON1.com Privacy Notice

Cancellation

ON1 Plus memberships are billed on either a monthly or annual basis. You may cancel your Plus membership any time through the user account. Memberships will auto-renew monthly or annually depending on your membership plan. If you cancel, refunds or account access and/or availability is determined and/or granted by an ON1.com employee. Membership benefits entailing software benefits or software upgrades are revoked when a membership is in the cancellation or deactivated state. Refunds will be granted if your account has not made any eligible purchases or taken advantage of any ON1 Plus member benefits such as downloadable content or software activation.

Eligible Purchases

They are limited to certain products sold on the ON1.com website. Products eligible for Plus members either as a bonus or paid for will be designated as such on their respective product pages. Special fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for Plus, you will pay applicable charges for the ineligible items.

Other Benefits

Click here for information about additional Plus benefits.

Limitations

• We reserve the right to accept or refuse membership to anyone purchasing an ON1 Plus membership.
• You may not transfer or assign your Plus membership or any Plus membership benefits, including promotional codes, eBooks, presets, or videos for Plus memberships or benefits, except as allowed in these terms.
• Plus members are not permitted to purchase or distribute any ON1 Plus benefits for the purpose of resale, rental, or sharing using ON1 Plus benefits.
• Plus members are not allowed to share their login information with anyone.
• ON1 may choose to add or remove certain Plus membership benefits at any time.
• Although the Site and services are normally available, there will be occasions when the Site or services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of ON1.

Fees and Renewal

The membership fee for Plus is stated on the Plus web pages on our website. We may offer different membership terms, and the fees associated for different memberships may vary. The Plus membership fee is non-refundable except as set forth in these Terms. Taxes may apply on either or both of the membership fee for Plus.

Credit cards or Paypal are currently the only form of acceptable payment for your ON1 Plus membership. Do not sign up for Plus using a debit card as form of payment.

Credit cards are not stored with any ON1 purchase. Upon renewal, if your credit card is declined for payment of your membership fee, you will have 14 days to provide us with a new credit card or updated Paypal account or your ON1 Plus membership will be canceled. If you provide us with a new or updated card and the transactions is successful within 14 days, your membership renewal period will be based on the original renewal date and not the date of the successful transaction.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PLUS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY CREDIT CARD OR PAYPAL ACCOUNT WE HAVE ON RECORD FOR YOU.

Trial Memberships

We will sometimes offer certain groups, partners, and/or customers various trial or promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Such trial members may at any time (through the User Account) choose not to continue or to continue a paid membership at the end of the trial period.

Agreement Changes

We may in our discretion change these Terms, ON1.com's Conditions of Use and Privacy Policy, or any aspect of Plus membership, without a written notice. If any change to these terms is found invalid, void, or for any reason not enforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Acceptable Use

ON1 Plus provides a platform via its website and to a community of members to upload and display photographs (Visual Content) to share as well as a discussion forum. As a condition of use, you promise not to use this Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by ON1, Inc. By way of example, and not as a limitation, you agree not to use the service:

1. To abuse, harass, threaten, impersonate or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are illegal, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3. For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
4. To create or transmit unwanted ‘spam’ to any person or any URL;
5. To post copyrighted Visual Content or other Communications that do not belong to you or, with exception of commenting on Visual Content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
6. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
7. To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
8. To promote or sell Visual Content or other copyrighted material of another person or third-party;
9. To transmit any worms or viruses or any code of a destructive nature.

While ON1 prohibits such conduct and content on the Site, you understand and agree that ON1 cannot be responsible for the Content posted on the Site and you nonetheless may be exposed to such materials and that you use the Site at your own risk.

ON1 will normally only delete Content that violates these Terms of Use, However ON1 reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by ON1 in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ON1 encourages you to maintain your own backup of your Content. In other words, ON1 is not a backup service and has no obligation to return your Content to you at any time.

Proprietary Rights to Content

ON1 does NOT claim ANY ownership rights in Content that you post on the Site. By displaying or publishing ("posting") any Content on or through the Site, you hereby grant to ON1 a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels.

You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license described in these Terms of Use, (ii) the posting and use of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of Content you post on or through the Site, and agree to indemnify ON1, Inc. with respect to any claims brought by any third party as a result of Content you have posted on or through the Site.

The Site contains Content of persons and entities who post such Content. ON1, and third parties who have licensed their content to ON1. Except as provided within these Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site.

Termination by ON1

We may terminate your Plus membership at our discretion without notice. If we do, we will offer you a prorated refund based on the number of FULL months remaining in the membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Plus membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN ON1.COM'S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PLUS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PLUS MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

These Terms of Use shall be governed by the laws of the State of Oregon, USA, and you consent to the exclusive jurisdiction of the courts of the State of Oregon. In any action or proceeding related to these Terms of Use, venue shall lie exclusively in Marion County, Oregon, and in no other location. In any action or proceeding arising under these Terms of Use you will shall appear for deposition at your own expense in Marion County, Oregon at such time as is either mutually agreed upon or ordered by the court.