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Legal Disclaimer
Thank you for visiting the Fine Arts Photography Group,
Ltd. website. The following terms and conditions apply to your use of our
Web site and service. Please read them carefully before you enter our Web
site.
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL
AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND FINE ARTS PHOTOGRAPHY GROUP,
LTD.. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THE
FINE ARTS PHOTOGRAPHY GROUP, LTD. WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS, PLEASE EXIT OUR WEB SITE.
1. Ownership of Our Web site.
This Web site is owned and operated by Fine Arts
Photography Group, Ltd. (hereafter referred to as "F.A.P.G."). All of the
photographs featured on our Web site were created by photographers who have
provided them to F.A.P.G. for worldwide sale and distribution. These images
are protected by United States and international copyright law.
2. Your Use of Our Photographs.
You can purchase the photographs featured on our Web site
from F.A.P.G. in the form of photographic print. If you decide to purchase a
print (“Print”), you may not reproduce, display, transmit, distribute or
otherwise exploit the Print, or any portion thereof, in any manner,
including, without limitation, print or electronic reproduction, publication
or any display of photographs, without the prior written consent of F.A.P.G..
Prints are intended for your personal use only. You may not use or reproduce
a Print in such a manner as to suggest an affiliation with or endorsement by
any product, person or entity that is not affiliated with you. You also
agree not to modify, alter or otherwise manipulate any Print, including
without limitation, adding other material to a Print, without F.A.P.G.'s
prior written consent. In addition, you may not reverse engineer,
de-compile, or otherwise disassemble software included on this Web site.
3. Disclaimers.
NOTWITHSTANDING THE F.A.P.G. CUSTOMER SATISFACTION
GUARANTEE, THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BRIGHTROOM
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
While F.A.P.G. uses reasonable efforts to ensure
compliance with applicable laws relating to rights of privacy or publicity,
including the use of subject releases when necessary and screening of
photographs submitted to F.A.P.G., it makes no representations or warranties
as to the accuracy, correctness or reliability of the photographs, nor can
F.A.P.G. ensure that all persons depicted in the photographs have consented
to the display of their image on this Web site. If your photograph appears
on this Web site without your consent and you wish to have it removed,
please email us directly at
photos@fineartsphotogroup.com with your request. In addition, F.A.P.G.
is unable to make representations or warranties as to the functionality of
this Web site, whether it is free of errors, and whether the server hosting
the Web site is free of viruses and other harmful material. Accordingly, you
acknowledge that your use of this Web site is at your own risk. F.A.P.G.,
and its officers, directors, employees, subsidiaries, affiliates, licensors
and representatives, will not be responsible or liable for any damages of
any kind including, without limitation, lost business or profits, direct,
indirect, incidental, consequential, compensatory, exemplary, special or
punitive damages that may result from your access to or use of either this
Web site or the photographs.
4. Indemnification.
In the event that you reproduce, display, transmit,
distribute or otherwise exploit the photographs or Prints, or any portion
thereof, in any manner not authorized by F.A.P.G., or if you otherwise
infringe any intellectual property rights relating to the photographs,
Prints or this Web site, you agree to indemnify and hold F.A.P.G., its
subsidiaries, affiliates, licensors and representatives, harmless against
any losses, expenses, costs or damages, including reasonable attorneys'
fees, incurred by them as a result of unauthorized use of the photographs or
Prints and/or your breach of this terms of this Agreement.
5. Other Terms.
This Agreement shall be governed by the laws of the State
of New York without giving effect to any principles of conflicts of law. Any
claim or proceeding arising under or otherwise concerning this Agreement
shall exclusively be brought in the federal or local courts for the state of
New York and you consent to personal jurisdiction in these courts. In the
event that F.A.P.G. is the prevailing party in any such action, you agree to
be responsible for payment of F.A.P.G.’s reasonable attorneys' fees and
costs. F.A.P.G. reserves the right to make changes to this Web site, this
Agreement, and the other information contained in this Web site at any time
and without notice. Please refer to these User Terms when you visit the site
as they may change from time to time. |
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