1. Services and Conditions of Use
Welcome to Larry Davis Photography online Service. As part
of our service, Larry Davis Photography agrees to provide
you with quality photographs, articles, resources and other
computer services that Larry Davis Photography may decide
to offer, subject to the terms of this Agreement. Upon notice
published through the Service, Larry Davis Photography may
modify this Agreement at any time. You agree and continue
to agree to use Larry Davis 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
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 Larry Davis 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
Larry Davis Photography.
3. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S
OWN RISK. LARRY DAVIS PHOTOGRAPHY SERVICES 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, LARRY DAVIS 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
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 LARRY DAVIS 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 LARRY DAVIS 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.
Larry Davis Photography is a trademark of Larry Davis Photography.
All other trademarks appearing on the Service are trademarks
of their respective owners.
Larry Davis 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 Larry Davis Photography
account information, or by written communication sent by
first class mail to a Customer's address on record in Larry
Davis Photography account information. You may give notice
to Larry Davis Photography (such notice shall be deemed
given when received by Larry Davis Photography at any time
by any of the following:
Electronic mail to firstname.lastname@example.org;
Letter telecopied to Larry Davis Photography at the following
fax number: ;
Letter delivered by first class postage prepaid mail or
courier to Larry Davis Photography at the following address:
Larry Davis Photography
31 Plymouth Ave
Johnstown, PA 15906
Customer agrees to indemnify and hold Larry Davis Photography
harmless from any dispute which may arise from a breach
of terms of this Agreement. Customer agrees to hold Larry
Davis 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 email@example.com.
Larry Davis Photography may terminate your account or access
rights to this Service at any time, without notice, for
conduct that Larry Davis Photography believes violates this
Agreement or other policies or guidelines that Larry Davis
Photography has posted on a Larry Davis Photography service.
Larry Davis Photography may terminate your account or access
rights to this Service for online conduct that Larry Davis
Photography believes is harmful to other Customers, to Larry
Davis 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 Ohio. 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 Ohio. Customer
agrees to personal jurisdiction by the state and federal
courts sitting in the State of Ohio.
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 Larry
Davis Photography representatives and Customer. Larry Davis
Photography may amend or modify this Agreement or impose
new conditions at any time upon notice from Larry Davis
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.