The Professional Photographers Association of Missouri (“MOPPA”) provides services through its website www.moppa.com  (the “Site”), including but not limited to providing content relating to MOPPA and the photography industry.

By using the Services, you hereby agree to be bound by these Terms of Service, and all other applicable MOPPA policies, and guidelines posted on the Site (collectively, the “MOPPA Policies”).  MOPPA may revise the MOPPA Policies at any time without notice, and any such revisions will be applicable to all subsequent use of the Services.  If you do not accept and agree to all provisions of the MOPPA Policies at any time, you should immediately terminate all use of the Services.  You are also required to comply with all laws, ordinances, and regulations applicable to your use of the Services. 

User Guidelines.  Users of the Services (“Users”) shall observe the following rules and guidelines when posting content on the Site and to MOPPA’s social media pages that may be operated and/or controlled by unrelated third parties. 

When posting such content or otherwise using the Services, you will not:

1. Post someone else’s image or content without their express permission.

2. Post or link to nudity, profanity or signs or symbols that could be interpreted as profane, in MOPPA’s sole discretion.

3. Post comments or other content that is unrelated to the sole purpose of the MOPPA or in violation of the MOPPA Anti-Trust Statement. Off-topic content includes, but is not limited to, that which is intimidating, harassing, discriminatory, illegal, defamatory, commercial, or political.

4. Post any other content that is unlawful, untruthful, harassing, threatening, discriminatory, or otherwise offensive.

5. Impersonate any person or entity, or purposely create any false association with another person or entity.

6. Post content or images that include or feature unauthorized or unpermitted use of intellectual property or confidential information owned by others.

MOPPA has the right in its sole discretion, but not the obligation, to monitor User content, and/or remove or revise any User, item, or content on the Site, or to prosecute any User for illegal activity or behavior not compliant with the MOPPA Policies or to enforce the MOPPA Policies, in any manner or by any means that it deems necessary or appropriate without notice.  Any failure or delay by MOPPA in enforcing the MOPPA Policies shall not constitute any waiver of MPA’s rights with respect to any subsequent violations. 

Intellectual Property.  MOPPA is the owner or licensee of all text, images, designs, artwork, and other content featured on the Site, including without limitation the trademark MOPPA and Design and related logos, unless otherwise noted on the Site. Other than as may be required to use the Services or for personal use, no copying, distribution, or other use of any of such content is permitted, absent the express written consent of MOPPA.  By posting content to the Site, Users grant MOPPA a royalty-free, unlimited worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform such posted content for any purpose, including for promotional purposes, and in any media formats and through any media channels.  

Copyright Infringement.  If you believe any User-posted content on the Site infringes your copyright, you may file a claim by providing MOPPA with the following: 

1. Your or your authorized representative’s physical or electronic signature.

2. Clear identification/description of the copyrighted work claimed to have been infringed, or, if there are multiple copyrighted works at issue, a representative list of such works.

3. Clear identification/description of the material you claim is infringing, and information reasonably sufficient to allow MOPPA to locate the material on the Site.

4. Your address, telephone number, and, if available, e-mail address.

5. A statement that you have a good faith belief that your copyright has been infringed and use of your material was not authorized.

6. A statement under penalty of perjury that the information in your notification is accurate, and that you, if not the owner of the copyright at issue, are authorized to act on behalf of the rights holder.

All such complaints should be forwarded to MOPA the following address:
DMCA Agent
The Professional Photographers Association of Missouri

Email: secretary@moppa.com

Upon receipt of a complaint, MOPPA will promptly remove or disable the content at issue from the Site as required by law.  Repeat offenders may be permanently removed or blocked from using the Services.  If your content has been removed or blocked due to another party’s complaint, you may be entitled to file a counterstatement, and you are encouraged to confer with legal counsel.

Limitation of Liability.  Under no circumstances shall MOPPA be liable for any punitive, incidental, direct or consequential damages, claims, expenses, costs, injury, harm, demands, injunctive relief or losses of any kind (including attorneys’ fees) (collectively, “Damages”), incurred by any person or entity, that might arise from or otherwise relate to the authorized or unauthorized use of, reliance upon, misuse of, communications or interactions through, or the inability to use the Services, the Site and/or the materials contained on the Site or any of MOPPA’s other online content, even if MOPPA had been advised of the possibility of such Damages. The MOPPA also assumes no liability for improper or incorrect use of materials or information contained within the online resources or featured on the Site.  All materials that appear on the Site or any MOPPA online resource are distributed and transmitted "as is," without warranties of any kind, either express or implied, and subject to the terms and conditions stated in this disclaimer. 

The Site may provide or feature links to third party web sites.  MOPPA neither endorses nor assumed responsibility for any such third party web sites, and cannot ensure their availability or accuracy in any way.

BY USING THE SITE, YOU HEREBY RELEASE MOPPA AND EACH OF ITS REPRESENTATIVES, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUCCESSORS, PREDECESSORS, ASSIGNS, HEIRS, SERVICE PROVIDERS AND SUPPLIERS, FROM ALL DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO MOPPA, THE SITE OR SERVICES OR ASSOCIATED CONTENT.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAW.

As a condition of posting on any MOPPA / moppa.com  online resources or accessing or otherwise using  the Site or Services, you agree that any dispute that cannot be resolved between you and any other parties, and causes of action arising out of or connected with these resources shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in the State of Missouri, which court shall apply the laws of the State of Missouri without regard for rules of conflicts of law. 

For questions concerning our online policy, please contact:

The Professional Photographers Association of Missouri

secretary@moppa.com