GRAIG ABEL PHOTOGRAPHY WEBSITE TERMS AND CONDITIONS OF USE
Last Updated: July 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Graig Abel Photography, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Graig Abel Photography for violations of these Site Terms.
Ownership of the Site and its Contents This Site is owned by Graig Abel Photography. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Graig Abel Photography Content"), is owned by Graig Abel Photography.
All elements of the Site, including the Graig Abel Photography Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site This Site and the Graig Abel Photography Content are intended for customers of Graig Abel Photography. You may not use this Site or the Graig Abel Photography Content for any purpose not related to your business with Graig Abel Photography. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Graig Abel Photography Content without, or in violation of, a written license or agreement with Graig Abel Photography; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Graig Abel Photography Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Graig Abel Photography product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Graig Abel Photography Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Canada or the country in which you reside.
Copyright Infringement Policy In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Graig Abel Photography has adopted a policy of terminating, in appropriate circumstances and at Graig Abel Photography’s sole discretion, account holders who infringe the intellectual property rights of Graig Abel Photography or any third party.
Indemnification You agree to defend, indemnify and hold harmless Graig Abel Photography, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Graig Abel Photography Content, or your violation of any rights of another.
Disclaimer THIS SITE AND THE GRAIG ABEL PHOTOGRAPHY CONTENT ARE PROVIDED "AS IS" AND GRAIG ABEL PHOTOGRAPHY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. GRAIG ABEL PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR GRAIG ABEL PHOTOGRAPHY, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GRAIG ABEL PHOTOGRAPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE GRAIG ABEL PHOTOGRAPHY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE GRAIG ABEL PHOTOGRAPHY CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Graig Abel photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Graig Abel photography Content, but we make no representations or warranties as to the Graig Abel photography Content's accuracy, correctness or reliability.
Limitation of Liability IN NO EVENT SHALL GRAIG ABEL PHOTOGRAPHY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE GRAIG ABEL PHOTOGRAPHY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED GRAIG ABEL PHOTOGRAPHY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GRAIG ABEL PHOTOGRAPHY ‘S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRAIG ABEL PHOTOGRAPHY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GRAIG ABEL PHOTOGRAPHY FOR ACCESS TO OR USE OF THE SITE.