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Terms of Use

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Terms of use

Addison Photography Website – Terms of use and legal restrictions


ATTENTION: PLEASE READ OUR TERMS FOR USE OF THESE WEBSITES (“TERMS”) THOROUGHLY BEFORE USING OUR WEBSITE. BY UTILIZING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS, YOU ARE NO LONGER ALLOWED TO USE THIS SITE. THE TERMS LISTED BELOW DESCRIBE HOW YOU WILL USE THE SITE, AND ANY SERVICES OR ANY CONTENT (FOR INSTANCE, GRAPHICS, IMAGES, PHOTOGRAPHS, DATA, OR INFORMATION) THAT ADDISON PHOTOGRAPHY AND ITS AGENTS AND SUBSIDIARIES (DESCRIBED AS “AP”) MAY MAKE AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, “MATERIALS” AND “SERVICES”). THE WEBSITE, AND IT’S SERVICES, AND MATERIALS ARE REFERRED TO IN THE TERMS LISTED BELOW AS THE “AP WEBSITES.” I FURTHER ACKNOWLEDGE THAT I UNDERSTAND THE MATERIALS PROVIDED TO ME AT THIS WEBSITE ARE COPYRIGHTED MATERIALS AND THAT BY USING THEM WITHOUT THE ARTIST’S KNOWLEDGE IS IN VIOLATION OF THE LAWS OF THE UNITED STATES OF AMERICA AND YOU AGREE TO PAY ALL DAMAGES INCURRED BY THAT USE.

Use of AP Websites


Allowing for possible exceptions that might be applicable and located in the section described as, “Possible Exceptions”, we are happy to authorize you to enjoy our AP Websites only for your own personal, non-commercial purposes. Use of the AP Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You should not make copies of any of the Materials, you must keep on any such illegal copies all copyright and other notices contained in our original Materials. You are not allowed to modify, publicly display, or distribute our Materials. As between you and AP, AP owns the AP Websites. The AP Websites is protected under United States and international copyright laws. Your unauthorized use of our AP Websites has the potential to violate copyright and other laws.

Access


It’s your responsibility to obtain and manage all the equipment and services required to access and use the AP Websites and be responsible to pay all fees. If you decide to open an account on one the AP Websites, or if you contact us or our agents through the AP Websites for the purpose of receiving products or services, AP may collect certain personal information about you. AP’s use of such information is governed by the provisions of the AP Online Privacy Statement for the Site. You promise to share accurate and truthful information that is current and complete (and, for as long as you continue to use your AP Websites account, to keep your information truthful and accurate). You agree to be responsible for the confidentiality of your AP Websites password and you are solely responsible for all activities that occur under your password. You agree to notify AP immediately of any unauthorized use of your password or any other breach of security related to the AP Websites. AP reserves the right to require you to change your password if AP believes that your password no longer is secure. Access to AP Websites granted under other separately executed agreements by AP and You shall supersede the terms contained in this Section.

Prohibited uses


You agree not to use the AP Websites (including, without limitation, any Materials or Services you may obtain through your use of the AP Websites): (a) in a manner that breaks our local, state, national, foreign, or international laws; (b) to harm or stalk another person; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the AP Websites or servers or networks connected to the AP Websites. You further promise to not use any data gathering or extraction methods in connection with the AP Websites; or attempt to gain unauthorized access to any portion of the AP Websites or other accounts and support systems, or networks connected to the AP Websites, whether through hacking or other means.

Termination


Our “Limitations and Exclusions” section that’s listed below not withstanding, we may arrive at a decision, at our sole discretion, to restrict or remove your access to all or part of the AP Websites, without any sort of notice, and at any time we may deem as appropriate and for any reason without explanation. You may cease your access to the AP Websites at any time. By breaching any of these Terms, we immediately revoke your authorization to use the AP Websites and we require that you must immediately completely destroy any downloaded content or images including those that may have been printed. (and any copies thereof).

Disclaimers


THE AP WEBSITES IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE AP WEBSITES IS WITH YOU. SHOULD OUR CONTENT OR SERVICES PROVE DEFECTIVE, YOU, AND NOT AP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. AP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, IMPLIED, WITH RESPECT TO THE AP WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANT-ABILITY, APPROPRIATENESS FOR A SPECIFIC USE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE PREVIOUS STATEMENTS, WE OFFER NO SUCH WARRANTY THAT THE AP WEBSITES WILL FULFILL OR FILL YOUR REQUIREMENTS OR THAT THE AP WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE AP WEBSITES WILL BE CORRECTED. AP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AP WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE AP WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE AP WEBSITES OR FROM AP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (AS A GROUP, “THE AP PARTIES”) SHALL CREATE OR OFFER ANY WARRANTY. AP DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of liability


IN NO EVENT WILL ANY OF THE AP PARTIES BE LIABLE FOR (A) ANY DAMAGES THAT COULD BE DESCRIBED AS SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL,  OR EXEMPLARY OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE DUE TO LOSS OF INCOME OR REVENUE, FORFEITED PROFITS, NET CHANGE OF GOODWILL, LOSS OF USE, INTERUPTION OF BUSINESS, OR OTHER LOSSES THAT COULD BE DESCRIBED AS INTANGIBLE), DUE TO  OF OR IN CONNECTION WITH THE AP WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE AP WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON TORT, WARRANTY, STATUTE, CONTRACT, OR ANY OTHER UNLISTED LEGAL THEORY AND EVEN IF ANY AP PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

 Limitations and Exclusions


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some types of damages. It’s possible some of the above disclaimers and limitations of liability may not apply to you. To the extent that any AP Party may not, as related to applicable law, disclaim any implied warranty or limit its liabilities, the breadth and duration of such warranty and the extent of the AP Party’s liability shall be the minimum permitted under such applicable law.

Possible Exceptions


AP may provide products (such as portraits) services (such as portrait sessions) or access to AP Websites under the terms of a separate agreement between you and AP (each, to be considered an “Other Agreement”). AP’s obligations with respect to any access to services, content, or products that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY IMAGES OR IMAGE FILES IS EXPRESSLY PROHIBITED.

Modifications to AP Websites


AP reserves the right to modify, suspend, or discontinue the AP Websites at any time without notice to you. For example, AP may make changes to the content and presentation, or to the products and prices describing them, at any time without any notice. The content and presentation may be out of date and AP makes no commitment to update the content and presentation whatsoever. Consult your local AP business contact for information regarding the products and services that may be available to you.

User submissions


Certain areas of the AP Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to AP an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that AP deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technol ogy, product, or service). AP reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. AP may, but is not obligated to, pre-screen User Submissions or monitor any area of the AP Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. AP is not required to host, display, or distribute any User Submissions on or through the AP Websites and may remove at any time or refuse any User Submissions for any reason. AP is not responsible for any loss, theft, or damage of any kind to any User Submissions. AP does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that AP will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. AP does not guarantee that you will have any recourse through AP or any third party to edit or delete any User Submission you have submitted.By submitting any User Submission, you represent and warrant that:

    (a) you are at least 13 years old;

(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to AP the rights in your User Submissions described herein;

(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to AP described herein;

(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

(f) you voluntarily agree to waive all “moral rights” that you may have in your User Submission;

(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to third-party websites


Links on the AP Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the AP Websites. AP is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, AP does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the AP Network, you do this entirely at your own risk.

Linking to this Site


You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent AP’s written authorization otherwise, a website that links to this Site:

      (a) may link to, but shall not replicate, any Materials (including any AP logo);

(b) shall not create a browser or border environment around any Materials;

(c) shall not imply that AP endorses such website or any products, services, or content available through such website;

(d) shall not misrepresent its relationship with AP;

(e) shall not present false or misleading information about AP, its products, or its services;

(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and

(g) shall contain only content that is appropriate for all age groups.

Trademarks


AP and any other product or service name or slogan or logo contained in the AP Websites are trademarks of AP and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AP or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with AP or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of AP without AP’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of AP and may not be copied, imitated, or used (in whole or in part) without AP’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by AP.

Procedure for making claims of infringement


AP respects the intellectual property rights of others. Accordingly, AP has a policy of removing User Submissions that violate copyright law, suspending access to the AP Websites (or any portion thereof) to any user who uses the AP Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the AP Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the AP Websites, please provide written notice to the following AP agent for notice of claims of infringement:

      Attn: Jim Fort
      Addison Photography
      2133 Addison Ave E
      Twin Falls, ID 83301
    Tel: 208-733-4522

Your written notice must:

      (a) contain your physical or electronic signature;

(b) identify the copyrighted work or other intellectual property alleged to have been infringed;

(c) identify the allegedly infringing material in a sufficiently precise manner to allow AP to locate that material;

(d) contain adequate information by which AP can contact you (including postal address, telephone number, and e-mail address);

(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;

(f) contain a statement that the information in the written notice is accurate; and

(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to AP’s designated agent, as they will be deleted upon receipt.

U.S. government restricted rights


Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instruments (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software” , or to clauses providing AP equivalent protections in DFARS or other agency specific regulations.

International and export issues


AP administers this Site from its offices in Twin Falls, Idaho. AP makes no representation that the AP Websites is appropriate or available for use outside the United States and access to the AP Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the AP Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the AP Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) 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 using any Materials subject to any such restrictions and regulations, 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.

Indemnification


You agree to indemnify, defend, and hold harmless the AP Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. AP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AP’s defense of such claim.

Electronic communications


When you visit the Site or send e-mails to AP, you are communicating with AP electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that AP provides to you electronically satisfy any legal requirement that such communications be in writing.

General


These Terms, together with any additional terms to which you agree when using particular elements of the AP Websites, constitute the entire and exclusive and final statement of the agreement between you and AP with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and AP with respect to such subject matter. The AP Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and AP shall be governed by the laws of the State of Idaho as applied to agreements made, entered into, and performed entirely in Idaho by Idaho residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the AP Websites shall be brought in the Federal or State courts located in Twin Falls County, Idaho, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of AP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of AP and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the AP Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or AP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AP without restriction.

Modifications to these Terms


AP may, in its sole and absolute discretion, change these Terms from time to time. AP will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the AP Websites. Continued use of the AP Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the AP Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded. Revised September 2014

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