Terms Of Use | Privacy Policy
(Effective July, 2007; last modified July 2, 2007)
Welcome to DERON NEBLETT PHOTOGRAPHY (the "Site"), The following terms of use ("Terms") govern your use of the Site. BY USING OR VISITING THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND TO FOLLOW THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS IN YOUR USE OF THE SITE. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE. PLEASE CHECK THIS PAGE OF THE SITE PERIODICALLY FOR SUCH CHANGES.
PHOTOS
All photographs shown on this site are copyrighted
and only meant for on-line viewing. Contact the photography studio, if
you wish to purchase any of the photographs shown on the site.
Privacy
We
will have the right to collect, share and use your information in accordance
with our Privacy Policy, which is incorporated by reference in these
Terms.
General Practices & Limits
You
also acknowledge that DERON NEBLETT PHOTOGRAPHY may establish general
practices and limits concerning use of the Site, including without limitation,
limiting the maximum number of days that email messages or other uploaded
content will be retained by the Site, the maximum number of email messages
that may be sent from or received by an account on the Site, the maximum size
of any email message that may be sent from or received by an account
on the Site, the maximum disk space that will be allotted on DERON NEBLETT
PHOTOGRAPHY servers on your behalf, the maximum length of time that
an IP address will be assigned for your use, the maximum throughput of traffic
from the Internet or associated service (e.g. email, web hosting),
and the maximum number of times (and the maximum duration for which) you
may access the Site in a given period of time. You agree that DERON NEBLETT
PHOTOGRAPHY has no responsibility or liability for the deletion, for
failure to store or to deliver any messages and other communications, for
the modification or malformation of data communications over the Site, or for
other content maintained or transmitted by the Site.
MODIFICATION, SUSPENSION AND TERMINATION
We
reserve the right at any time to suspend, modify or discontinue, temporarily
or permanently, any portion of the Site without prior notice. You will
not be entitled to a refund during service outages that are caused
by our maintenance on the servers or the technology that underlies Site. You
agree that we will not be liable to you or to any third party for any suspension,
modification or discontinuance.
REPRESENTATIONS AND WARRANTIES
You
hereby represent and warrant to us that: (i) you have the full power
and authority to enter into and perform under these Terms, (ii) your
use of the Site will not infringe the copyright, trademark, right of
publicity or any other legal right of any third party, and (iii) you
will comply with all applicable laws and regulations in using the Site
and in engaging in all other activities arising from, relating to or
connected with these Terms.
INDEMNITY
You
agree to indemnify and hold harmless DERON NEBLETT PHOTOGRAPHY as well
as their subsidiaries, affiliates, owners, associates, licensees, licensors,
officers, agents and other partners and employees (the "Indemnified Parties") from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against any of the Indemnified Parties arising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole and exclusive discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
YOUR USE OF
THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIRABEL STUDIOEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIRABEL STUDIOMAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
LINKS TO THIRD-PARTY SERVICES
ANY THIRD-PARTY LINKS,
SERVICES, RESOURCES OR INFORMATION PROVIDED ON OR MADE AVAILABLE THROUGH
THE SITE ARE NOT CONTROLLED BY US. ACCORDINGLY, WE DO NOT ENDORSE ANY
SUCH LINKED SITES OR THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES
CONTAINED ON OTHER LINKED SITES, OR ACCESSIBLE THROUGH THEM. FURTHER,
WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY LINKS, SERVICES, RESOURCES
OR INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT AND WILL NOT
BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES,
RESOURCES OR INFORMATION. ACCESS AND USE OF LINKED SITES, INCLUDING INFORMATION,
MATERIAL, PRODUCTS AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH
THEM, IS SOLELY AT YOUR OWN RISK.
EXCLUSION OF DAMAGES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING
TO THE SITE.
FORCE MAJEURE
We
will not be liable to you or any third party for failure or delay
in performing our obligations hereunder if such failure or delay
is due to circumstances beyond our reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, computer viruses, terrorism, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or
third party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of
the Site.
ARBITRATION
You
agree that any dispute arising out of or relating to these
Terms or your use of the Site will be submitted exclusively to confidential
binding arbitration in Ohio. Arbitration under these Terms will
be conducted under the prevailing rules of the American Arbitration
Association. The arbitrator's award will be binding and may be
entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration
under these Terms will be joined to an arbitration involving
any other party subject to these Terms, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, to the
extent you have in any manner violated or threatened to violate
the intellectual property rights of the site or DERON NEBLETT
PHOTOGRAPHY these persons or entities may seek injunctive or other appropriate
relief in any state or federal court in the state of Ohio, and
you consent to exclusive jurisdiction and venue in such courts.
ACCESS
OUTSIDE THE UNITED STATES
Unless
otherwise specified, the materials in this Site are presented
solely for citizens and residents of the United States and
its territories, possessions, and protectorates. Those who
choose to access the Site do so on their own initiative and
are responsible for compliance with local laws, if and to the
extent local laws are applicable. Software from this site is
further subject to United States export controls. No software
from this site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading
or using any software from this site, you represent and warrant
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
MISCELLANEOUS
The
Site is based in and operated from the United States of America.
Information which you send to us by email or which we gather
from you when you visit our website is held and processed
in the United States of America. These Terms shall be binding
upon and inure to our benefit, and the our successors, and
assigns. You may not assign these Terms without our prior
written consent. These Terms contain the entire understanding of the
parties regarding their subject matter, and supersede all
prior and contemporaneous agreements and understandings between the
parties regarding their subject matter. The Terms and the
relationship between you and DERON NEBLETT PHOTOGRAPHY shall be governed
by the laws of the State of Ohio and the United States of
America without regard to any conflict of law provisions. No failure
or delay by a party in exercising any right, power or privilege
under these Terms shall operate as a waiver thereof. The
invalidity or unenforceability of any of these Terms shall not affect
the validity or enforceability of any other of these Terms,
all of which shall remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use
of the Site or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have
no legal or contractual effect.
BREACH
If
you become aware of any activity that may constitute
a breach of these Terms, please notify us at info (@)deronneblettphotography.com.
We will investigate your claim and may then take any action
that we, in our sole and exclusive discretion, deem appropriate.
TRADEMARKS
The DERON NEBLETT PHOTOGRAPHY brand is the trademark
of DERON NEBLETT PHOTOGRAPHY. All rights reserved. All other
trademarks on the Site are the property of their respective
owners.