Legal

dpBestflow® User Agreement

Thank you for your interest in dpBestflow®. ASMP has produced this material to help photographers and users of digital images solve digital imaging problems and to ease and improve the creation, processing and use of digital images. ASMP encourages the use and dissemination of this material, subject to a few minimal conditions. These are set forth in the Creative Commons license incorporating the requirement that any use be accompanied by attribution to ASMP and the prohibitions on making commercial uses or creating derivative works based on or incorporating the material. The purpose of these minimal conditions is to make sure that the information is passed along in such a way that no changes are made that might alter the meaning and usefulness of the material and that downstream users know where to go to get additional information. ASMP has created these materials for you to use and distribute, and we hope that you will to do that. The more people who use and disseminate this information, the more all of us benefit.

The following rules govern your use of the dpBestflow® materials and name, and by accessing and using the information contained in dpBestflow®, you accept and agree to them.

1. dbBestflow™ is an initiative of the American Society of Media Photographers (ASMP) through its Digital Standards Research Committee. By accessing, in any way or medium, information that is published, distributed, transmitted or otherwise made available by dpBestflow®, whether through digital or print media, attending a live or recorded presentation, or otherwise, you agree to the following terms as a condition of that access: Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Details can be found at http://creativecommons.org/licenses/by-nc-nd/3.0/.
2. Except for purposes of attribution, you may not use the names or marks of dpBestflow®, ASMP, or any individual authors, presenters or contributors to dpBestflow® without the prior written permission of the corresponding owner of the name or mark used.
3. You may make other uses only with the prior written permission of ASMP or the applicable individual copyright holders.
4. ASMP and the individual contributors of information and material to dpBestflow® make no warranties or representations of any kind concerning dpBestflow® and its content, express or implied, statutory or otherwise, including without limitation warranties of title, marketability, merchantability, fitness for a particular purpose, noninfringement, accuracy, or the presence or absence of errors. Except to the extent required by applicable law, ASMP and the individual contributors are not liable to you on any legal theory for any damages, whether special, incidental, consequential, punitive or exemplary, arising out of the use of this license or the content of dpBestflow®.
5. This agreement and any dispute between the parties arising out of it or in connection with it or with any acts performed pursuant to it shall be governed by the laws of the Commonwealth of Pennsylvania. Any dispute regarding this agreement or any act performed in connection with it shall, at ASMP's sole discretion, either:
   1. be arbitrated in Philadelphia, PA, under rules of the American Arbitration Association and the laws of Pennsylvania; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving Five Thousand dollars ($5,000.) or less may be submitted without arbitration to any court having jurisdiction thereof. OR
   2. be adjudicated in Philadelphia, PA under the laws of the United States and/or of Pennsylvania.
   3. in the event of a dispute, the losing party shall pay all court costs, reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of him or her.