CAMERON TAYLOR PHOTOGRAPHY
“Products” referred to by these Terms include but are not limited to: subdomain websites, printed photographic products, and digital photographic products.
“Services” referred to by these Terms include but are not limited to: photographic services, design services, and consulting services.
By using this Site, or by purchasing any Product or Service from this Site, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Products & Services immediately.
Understand that by using the Sites, any Products, Services, or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.
We will only collect and otherwise access information You voluntarily provide via email or through other direct contact initiated by You. We will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. We are the sole manager of such information collected on the Sites. We will use such information to respond to You as necessary. You grant Us a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill Your request(s) or to enable Your use of a particular Product or Service.
We own all intellectual property rights including but not limited to: all text, logo, images, design elements, and any other intellectual property rights afforded to Us, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, We do not grant You any rights to any Intellectual Property contained within the Products or as may be available to You generally through the Sites.
You agree not to make unauthorized use of or otherwise infringe upon Our Intellectual Property in anyway, and understand that it is Your responsibility to ensure that You refrain from doing so.
-LIMITATION OF LIABILITY AND INDEMNIFICATION-
Except as prohibited by law, we shall not be held liable to You or to any other person or entity for any general, punitive, special, indirect, consequential, or incidental damages, or loss of profits or any other damages, costs, or losses arising out of Your use of the Site, Products, and Services including but not limited to attorney’s fees and related expenses of litigation and arbitration. Except as prohibited by law, in the unlikely event of a loss and liability on Our part, the extent of Our liability is limited to return of payments received for Products and Services.
-BINDING ARBITRATION; WAIVER OF TRIAL; APPLICABLE LAW-
The parties agreed to meet in good faith to resolve any disputes that may arise under this agreement. In the event that the parties are unable to reach a good faith resolution, except for suits brought in small claims courts by the Photographer for nonpayment of fees, the parties agree that all other disputes or claims shall be resolved by binding arbitration in Long Beach, CA, conducted in accordance with the rules-then-in-effect of the American Arbitration Association. The proceeding shall be conducted before a sole arbitrator, unless otherwise decided by mutual agreement of the parties. The result of the arbitration shall be binding on the parties and judgment on the award may be entered in any court having jurisdiction.
-APPLICABLE LAW JURISDICTION-
This contract, and the rights and responsibilities of the parties hereunder, will be interpreted under and governed by the laws of the State of California. The parties agree that the arbitrators and courts of Long Beach, CA will have exclusive jurisdiction over claims arising under this Agreement, and the parties hereby irrevocably consent to the personal jurisdiction of such arbitrators and courts.
A waiver of a breach of any term in this contract will not be considered (1) a waiver of a future breach of the same term, or (2) a waiver of a breach of any other term in this contract.
If any provision of this agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this agreement shall remain operative and binding on the parties.
Neither this contract, nor any of the rights, interests, or obligations hereunder, shall be assigned by any party to the contract without the prior written consent of the other party, except as otherwise specified in this agreement.
-TITLES AND HEADINGS-
Titles and headings to articles, sections, or paragraphs in this contract are inserted for convenience of reference only and are not intended to affect the interpretation or construction of this contract.
This contract will not confer any rights or remedies on any third party, other than the parties to this contract.
In the event of a dispute arising out of this contract, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this contract. Additionally, in the event that We must retain the services of an attorney, collection agent, or otherwise incur costs to recover fees owed, You agree to reimburse Us for all such costs.