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1. Services and Conditions of Use
Welcome to Noteworthy Photography online Service.
As part of our service, Noteworthy Photography agrees to provide
you with quality photographs, articles, resources and other computer
services that Noteworthy Photography may decide to offer, subject
to the terms of this Agreement. Upon notice published through
the Service, Noteworthy Photography may modify this Agreement
at any time. You agree and continue to agree to use Noteworthy
Photography Services in a manner consistent with all applicable
laws and regulations and in accordance with the terms and conditions
set out in the policies and guidelines outlined below. Please
note that you will be referred to as "Customer" from
time to time in this Agreement.
2. Software Libraries and Copyrighted Materials
The downloading of copyrighted material is not allowed by Customers.
Customers may not copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any copyrighted material.
The burden of determining that any information, software or any
other content on the Service is not protected by copyright rests
with the Customer. Customer acknowledges that Noteworthy Photography
and/or third-party content providers remain the owners of the posted
materials, and that Customer can not acquire any of those ownership
rights by downloading copyrighted materials. Downloading of said
copyrighted materials and files, including photographs, resources,
text, graphics, is strictly forbidden and will result in immediate
termination of Customer's account at Noteworthy Photography.
3. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S
OWN RISK. NOTEWORTHY PHOTOGRAPHYSERVICES ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE,
INCLUDING WITHOUT LIMITATION THE PROFOTOS ONLINE SOFTWARE LICENSED
TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY,
NOTEWORTHY PHOTOGRAPHY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2)
ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT NOTEWORTHY PHOTOGRAPHY IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH CUSTOMER.
NEITHER NOTEWORTHY PHOTOGRAPHY NOR ANY OF ITS AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE
THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL CONTENT ON THE SERVICE.
4. Trademarks
Noteworthy Photography is a trademark of Noteworthy Photography.
All other trademarks appearing on the Service are trademarks of
their respective owners.
5. Notice
Noteworthy Photography may give notice to Customers by means of
a general notice on the Service, electronic mail to Customer's e-mail
address on record in Noteworthy Photography account information,
or by written communication sent by first class mail to a Customer's
address on record in Noteworthy Photography account information.
You may give notice to Noteworthy Photography (such notice shall
be deemed given when received by Noteworthy Photography at any time
by any of the following:
Electronic mail to info@noteworthyphotos.com;
Letter telecopied to Noteworthy Photography at the following fax
number: 808.875.1897;
Letter delivered by first class postage prepaid mail or courier
to Noteworthy Photography at the following address:
Noteworthy Photography
11761 Angleberger Road
Thurmont, MD 21788
6. Indemnification
Customer agrees to indemnify and hold Noteworthy Photography harmless
from any dispute which may arise from a breach of terms of this
Agreement. Customer agrees to hold Noteworthy Photography harmless
from any claims and expenses, including reasonable attorney's fees
and court costs, related to Customer's violation of this Agreement,
including the Rules of Conduct or any information, software or other
content placed on the Service by Customer.
7. Termination Of Service
User may terminate this Agreement and User's right to use the Service
by sending a cancellation email to info@noteworthyphotos.com.
Noteworthy Photography may terminate your account or access rights
to this Service at any time, without notice, for conduct that Noteworthy
Photography believes violates this Agreement or other policies or
guidelines that Noteworthy Photography has posted on a Noteworthy
Photography service. Noteworthy Photography may terminate your account
or access rights to this Service for online conduct that Noteworthy
Photography believes is harmful to other Customers, to Noteworthy
Photography business, or to other information providers.
8. Choice Of Law
This Agreement shall be construed and controlled by the laws of
the State of Maryland. Further, any dispute arising from the terms
of this agreement or a breach of this Agreement will be governed
by the laws of the State of Maryland. Customer agrees to personal
jurisdiction by the state and federal courts sitting in the State
of Maryland.
9. Merger Clause
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes
all previous and contemporaneous agreements, proposals and communications,
written or oral between Noteworthy Photography representatives and
Customer. Noteworthy Photography may amend or modify this Agreement
or impose new conditions at any time upon notice from Noteworthy
Photography to Customer as published through the Service. Any use
of the Service by Customer after such notice shall be deemed to
constitute acceptance by Customer of such amendments, modifications
or new conditions. |
