| Arlen Good Photography |
PRIVACY POLICY
You agree that entering the Arlen Good Photography website is completely voluntary on your part and that we may restrict your ability to view any or all photographs and that we
may redirect you to an alternate website if you attempt any actions considered illegal, damaging, disruptive or prohibited by local laws, rules, statues, orders or guidelines.
ARLEN GOOD PHOTOGRAPHY IS COMMITTED TO YOUR PRIVACY.
Arlen Good Photography values your patronage and we respect your privacy rights. As part of the normal operation of our services we collect and in some cases we may disclose
information about you. We have created the following Privacy Policy to let you know what information we collect when you visit our website, why we collect it and how it is used.
This Privacy Policy applies to all information that you provide to Arlen Good Photography (“us,” “we,” or “our”) and that we maintain electronically, whether you provide the
information through our website located at www.arlengoodphotography.com (the “Website”), or through other means. Additionally, this Privacy Policy applies to any Personal
Information (defined below) obtained from your use of the Website. This Privacy Policy does not apply to any information that you may provide to third parties; for example, other
sites linked to this Website. You should contact such third parties directly to determine their respective privacy policies.
This Privacy Policy is governed by our Terms and Conditions of Use. We may periodically make changes to this Privacy Policy. Minor changes to this Privacy Policy may be made
without notice. However, we will notify you of any major changes to this Privacy Policy by posting the changes at the top of this page and the date of changes at the top of this
page. We also will post notification of the changes on the main page of our Website for at least seven days. It is your responsibility to review this Privacy Policy frequently and remain
informed about any changes to it so we encourage you to visit this page often. If you believe we have not adhered to this Privacy Policy or if you have any other questions regarding
this Privacy Policy, please contact us at Arlen Good Photography.
SPECIAL NOTE ABOUT CHILDREN
This Website is targeted for use by adults only. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying
information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our Website under the age of
13 not to disclose or provide any Personal Information on our Website. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in
accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov/privacy/privacyinitiatives/childrens.html for more
information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. “Personal Information” is information about you by which you
may be identified.
We collect your Personal Information when you provide it to us while visiting the Website, such as when you create an account, purchase our products, sign up for our mailing list,
request information, post comments on the Website’s blog, or other areas of services in which you or other parties create, store or post any content messages, comments, materials or
other items on the Website(“Interactive Areas”), or otherwise interact with this Website. The Personal Information we collect and maintain about you includes:
* Your name
* Your email address
* Your phone number
* Your mailing address
* Your ISP address
We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We use your
Personal Information for other things that may include, but are not limited to, the following:
* Contacting You
We use your Personal Information to communicate with you in the event we have any questions with regard to your online inquiry. We may also contact you to tell you about
products and services provided by us and/or our Partners.
* Interactions
Each time you interact with our Website the details of your interaction are collected and retained.
You agree that entering the Arlen Good Photography website is completely voluntary on your part and that we may restrict your ability to view any or all photographs and that we
may redirect you to an alternate website if you attempt any actions considered illegal, damaging, disruptive or prohibited by local laws, rules, statues, orders or guidelines.
ARLEN GOOD PHOTOGRAPHY IS COMMITTED TO YOUR PRIVACY.
Arlen Good Photography values your patronage and we respect your privacy rights. As part of the normal operation of our services we collect and in some cases we may disclose
information about you. We have created the following Privacy Policy to let you know what information we collect when you visit our website, why we collect it and how it is used.
This Privacy Policy applies to all information that you provide to Arlen Good Photography (“us,” “we,” or “our”) and that we maintain electronically, whether you provide the
information through our website located at www.arlengoodphotography.com (the “Website”), or through other means. Additionally, this Privacy Policy applies to any Personal
Information (defined below) obtained from your use of the Website. This Privacy Policy does not apply to any information that you may provide to third parties; for example, other
sites linked to this Website. You should contact such third parties directly to determine their respective privacy policies.
This Privacy Policy is governed by our Terms and Conditions of Use. We may periodically make changes to this Privacy Policy. Minor changes to this Privacy Policy may be made
without notice. However, we will notify you of any major changes to this Privacy Policy by posting the changes at the top of this page and the date of changes at the top of this
page. We also will post notification of the changes on the main page of our Website for at least seven days. It is your responsibility to review this Privacy Policy frequently and remain
informed about any changes to it so we encourage you to visit this page often. If you believe we have not adhered to this Privacy Policy or if you have any other questions regarding
this Privacy Policy, please contact us at Arlen Good Photography.
SPECIAL NOTE ABOUT CHILDREN
This Website is targeted for use by adults only. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying
information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our Website under the age of
13 not to disclose or provide any Personal Information on our Website. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in
accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov/privacy/privacyinitiatives/childrens.html for more
information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. “Personal Information” is information about you by which you
may be identified.
We collect your Personal Information when you provide it to us while visiting the Website, such as when you create an account, purchase our products, sign up for our mailing list,
request information, post comments on the Website’s blog, or other areas of services in which you or other parties create, store or post any content messages, comments, materials or
other items on the Website(“Interactive Areas”), or otherwise interact with this Website. The Personal Information we collect and maintain about you includes:
* Your name
* Your email address
* Your phone number
* Your mailing address
* Your ISP address
We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We use your
Personal Information for other things that may include, but are not limited to, the following:
* Contacting You
We use your Personal Information to communicate with you in the event we have any questions with regard to your online inquiry. We may also contact you to tell you about
products and services provided by us and/or our Partners.
* Interactions
Each time you interact with our Website the details of your interaction are collected and retained.
With whom does Arlen Good Photography share the information it collects about me?
◦Service Providers. We may share your information with companies that provide services to us, including companies that assist with payment processing, business analytics, data
processing, account management, advertising, and other services. We require these companies to agree that they will only use information about you that they have obtained from us to
provide us with specific services that we have requested and not for any other purpose. Similarly, we may share your information with other people or entities in order to provide goods
or services that you have requested or to complete a transaction at your request. We may also enter into agreements with outside companies that possess the technology that allows us
to customize the advertising and marketing messages you receive while using our Services.
◦Other Parties When Required By Law or When Necessary to Protect Your Rights or Ours. There may be instances when we may disclose your information without providing you
with a choice in order to protect the legal rights of Arlen Good Photography, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the
safety and security of users of the Arlen Good Photography Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; or to comply with or
respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been
violated by Arlen Good Photography or another user of the Arlen Good Photography Services, we may provide the information that you provide to us to others to the extent that we
believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who
uploaded, stored, or transmitted the material addressed by the communication.
◦Other Parties In Connection With a Transfer of Assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business
transfer, or in the unlikely event of bankruptcy, we will transfer your information to one or more third parties as part of that transaction.
* Violations of local and Arizona state laws will be reported to the Oro Valley, AZ Police Department. Copyright violations will be reported to the FBI.
◦Service Providers. We may share your information with companies that provide services to us, including companies that assist with payment processing, business analytics, data
processing, account management, advertising, and other services. We require these companies to agree that they will only use information about you that they have obtained from us to
provide us with specific services that we have requested and not for any other purpose. Similarly, we may share your information with other people or entities in order to provide goods
or services that you have requested or to complete a transaction at your request. We may also enter into agreements with outside companies that possess the technology that allows us
to customize the advertising and marketing messages you receive while using our Services.
◦Other Parties When Required By Law or When Necessary to Protect Your Rights or Ours. There may be instances when we may disclose your information without providing you
with a choice in order to protect the legal rights of Arlen Good Photography, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the
safety and security of users of the Arlen Good Photography Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; or to comply with or
respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been
violated by Arlen Good Photography or another user of the Arlen Good Photography Services, we may provide the information that you provide to us to others to the extent that we
believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who
uploaded, stored, or transmitted the material addressed by the communication.
◦Other Parties In Connection With a Transfer of Assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business
transfer, or in the unlikely event of bankruptcy, we will transfer your information to one or more third parties as part of that transaction.
* Violations of local and Arizona state laws will be reported to the Oro Valley, AZ Police Department. Copyright violations will be reported to the FBI.
TERMS AND CONDITIONS OF USE
Welcome to the PArlen Good Photography. website (“Website”) and thank you for reviewing the Terms and Conditions of Use. Arlen Good Photography (“Provider”) makes this
Website, including all information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by
Provider (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can
expect from Provider and what Provider can expect from You.
1. Acceptance of Terms and Conditions of Use.
By using this Website, you (“You” or “Your”) accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”). Please read
the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any
way, without limitation, any Materials from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time. Provider will post the changes on this page and the date of the changes at the top of this page.
Provider also will post notification of the changes on the main page of the Website, for at least seven days. Your continued use of this Website following such changes signifies Your
acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your
authorization to use this Website automatically terminates.
2. Your Account, User Name and Password
You may be required to set up an account in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is
allowed per person.
You are solely responsible for maintaining the security and confidentiality of Your account and any password You use to access the Website and You agree not to transfer Your
password, user name, account or the use of Your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with Your
password or user name. You agree to immediately notify Provider at the following email address, arlengood@arlengoodphotography.com, of any unauthorized use of Your password
or user name or any other breach of security related to Your account or the Website and to “log off” from Your account (if applicable) at the end of each session. Provider is not liable
for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions
of Use. By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the item(s) requested. Provider reserves the right to refuse service, terminate
accounts, remove or edit content or cancel orders in Provider’s sole discretion.
2. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws.
Copyright © 2011 Arlen Good Photography. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for Your
personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose.
Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from
Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for
obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts
of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute
copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which
the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
C. Trademarks.
Provider owns trademarks for its many goods and services, including, without limitation, Arlen Good Photography, AGP , AG Photography and the associated graphics, logos and
service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos
appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the
exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without
compensation to You.
3. Privacy and Protection of Personal Information.
Provider respects the privacy of visitors to the Website. Please see Provider’s Privacy Policy relating to the collection and use of Your information. You acknowledge and agree that
this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of
these Terms and Conditions of Use. If You do not agree to each and every part of Provider’s Privacy Policy, then You should not use the Website or submit any personally identifiable
information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at arlengood@arlengoodphotography.com.
4. Risk of Loss
All purchases of merchandise sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise passes to You upon Provider’
s delivery of the merchandise to the carrier. Provider carefully packs products for safe shipping and checks the carriers’ reliability and punctuality. However, Provider cannot guarantee
that any damage to, or delay in the shipping of, merchandise offered by Provider will not occur and You agree that Provider is not responsible or liable for any such damage or delay.
In the event of a damaged photography order, contact Arlen Good at arlengood@arlengoodphotography.com.
5. Product Descriptions
Provider attempts to make its merchandise descriptions as accurate as possible. However, Provider does not warrant that the product descriptions or any other content on the Website
is accurate, complete, reliable, current or error free. If a product offered by Provider is not as described, Your sole remedy is to return it in unused condition.
In the event that merchandise is mistakenly listed at an incorrect price, Provider reserves the right to refuse or cancel any orders placed for merchandise listed at the incorrect price.
Provider reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged
for the purchase and Your order is cancelled, Provider shall issue a credit to Your credit card account in the amount of the incorrect price.
6. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website, services, and Materials is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors,
licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively
“Providers”), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan
horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain
inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of
any information content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE,
SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH
MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE
OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM
THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR
OTHER MALICIOUS CODE, 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 PROVIDER RECORDS, PROGRAMS, OR
SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT
THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S
GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
7. Third Party Links.
This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of Provider,
and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked
websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality,
reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Provider has no responsibility to You with respect to such material.
Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
8. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or services in which You or other parties
create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive
Areas and use them at Your own risk. By using any Interactive Areas You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of
the following:
a. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code,
software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive,
harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state,
national or international law;
c. User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information,
proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party.
By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
e. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or
otherwise misrepresents Your affiliation with Provider, or any other person or entity;
g. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
h. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information
and other financial institution account information;
i. User Content “stalking” or otherwise harassing another user of the Website or an employee of Arlen Good Photography or any of its affiliates;
j. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s;
k. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
l. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely
affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its
users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider
liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any
Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content
provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited,
worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate
data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of
Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised,
throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely
responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other
portions of the site in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your
rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website,
including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’
s company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited
messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses
and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
9. Online Conduct.
You agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i)
engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that
actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise
attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in
violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi)
interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms,
Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix)
engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
10. Circumvention.
You acknowledge and agrees that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Materials offered through this Website or
otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that You have engaged, or
attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or
criminal proceedings against You and to report You to the relevant regulatory authorities.
11. Termination.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the
Website may be terminated immediately without notice from Provider if in Provider’s sole discretion You fail to comply with any term or provision of these Terms and Conditions of
Use.
12. Security.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage
to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
Provider reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any
information, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
13. Indemnification.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and
directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Materials, including any data
or work transmitted or received by You or any service provider; (b) Your violation of these Terms and Conditions of Use; or (c) Your violation of any rights of a third party or service
provider.
14. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Arizona will govern these disclaimers, Terms and Conditions
of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and
Conditions of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Arizona.
15. Waiver/Severability.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed
as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or
unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or
un-enforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and
Conditions of Use, which shall continue to be in full force and effect.
16. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use and/or
Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
18. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement between You and Provider with respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will
be effective only if in writing and signed by Provider.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
DATE LAST MODIFIED (except for minor grammar and spelling corrections): [January 5, 2011 @ 4:00am]
These Terms and Conditions of Use may be changed at any time.
Welcome to the PArlen Good Photography. website (“Website”) and thank you for reviewing the Terms and Conditions of Use. Arlen Good Photography (“Provider”) makes this
Website, including all information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by
Provider (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can
expect from Provider and what Provider can expect from You.
1. Acceptance of Terms and Conditions of Use.
By using this Website, you (“You” or “Your”) accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”). Please read
the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any
way, without limitation, any Materials from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time. Provider will post the changes on this page and the date of the changes at the top of this page.
Provider also will post notification of the changes on the main page of the Website, for at least seven days. Your continued use of this Website following such changes signifies Your
acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your
authorization to use this Website automatically terminates.
2. Your Account, User Name and Password
You may be required to set up an account in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is
allowed per person.
You are solely responsible for maintaining the security and confidentiality of Your account and any password You use to access the Website and You agree not to transfer Your
password, user name, account or the use of Your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with Your
password or user name. You agree to immediately notify Provider at the following email address, arlengood@arlengoodphotography.com, of any unauthorized use of Your password
or user name or any other breach of security related to Your account or the Website and to “log off” from Your account (if applicable) at the end of each session. Provider is not liable
for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions
of Use. By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the item(s) requested. Provider reserves the right to refuse service, terminate
accounts, remove or edit content or cancel orders in Provider’s sole discretion.
2. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws.
Copyright © 2011 Arlen Good Photography. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for Your
personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose.
Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from
Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for
obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts
of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute
copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which
the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
C. Trademarks.
Provider owns trademarks for its many goods and services, including, without limitation, Arlen Good Photography, AGP , AG Photography and the associated graphics, logos and
service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos
appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the
exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without
compensation to You.
3. Privacy and Protection of Personal Information.
Provider respects the privacy of visitors to the Website. Please see Provider’s Privacy Policy relating to the collection and use of Your information. You acknowledge and agree that
this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of
these Terms and Conditions of Use. If You do not agree to each and every part of Provider’s Privacy Policy, then You should not use the Website or submit any personally identifiable
information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at arlengood@arlengoodphotography.com.
4. Risk of Loss
All purchases of merchandise sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise passes to You upon Provider’
s delivery of the merchandise to the carrier. Provider carefully packs products for safe shipping and checks the carriers’ reliability and punctuality. However, Provider cannot guarantee
that any damage to, or delay in the shipping of, merchandise offered by Provider will not occur and You agree that Provider is not responsible or liable for any such damage or delay.
In the event of a damaged photography order, contact Arlen Good at arlengood@arlengoodphotography.com.
5. Product Descriptions
Provider attempts to make its merchandise descriptions as accurate as possible. However, Provider does not warrant that the product descriptions or any other content on the Website
is accurate, complete, reliable, current or error free. If a product offered by Provider is not as described, Your sole remedy is to return it in unused condition.
In the event that merchandise is mistakenly listed at an incorrect price, Provider reserves the right to refuse or cancel any orders placed for merchandise listed at the incorrect price.
Provider reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged
for the purchase and Your order is cancelled, Provider shall issue a credit to Your credit card account in the amount of the incorrect price.
6. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website, services, and Materials is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors,
licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively
“Providers”), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan
horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain
inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of
any information content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE,
SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR
THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH
MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE
OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM
THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR
OTHER MALICIOUS CODE, 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 PROVIDER RECORDS, PROGRAMS, OR
SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT
THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S
GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
7. Third Party Links.
This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of Provider,
and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked
websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality,
reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Provider has no responsibility to You with respect to such material.
Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
8. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or services in which You or other parties
create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive
Areas and use them at Your own risk. By using any Interactive Areas You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of
the following:
a. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code,
software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive,
harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state,
national or international law;
c. User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information,
proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party.
By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
e. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or
otherwise misrepresents Your affiliation with Provider, or any other person or entity;
g. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
h. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information
and other financial institution account information;
i. User Content “stalking” or otherwise harassing another user of the Website or an employee of Arlen Good Photography or any of its affiliates;
j. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s;
k. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
l. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely
affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its
users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider
liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any
Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content
provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited,
worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate
data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of
Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised,
throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely
responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other
portions of the site in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your
rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website,
including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’
s company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited
messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses
and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
9. Online Conduct.
You agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i)
engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that
actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise
attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in
violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi)
interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms,
Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix)
engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
10. Circumvention.
You acknowledge and agrees that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Materials offered through this Website or
otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that You have engaged, or
attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or
criminal proceedings against You and to report You to the relevant regulatory authorities.
11. Termination.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the
Website may be terminated immediately without notice from Provider if in Provider’s sole discretion You fail to comply with any term or provision of these Terms and Conditions of
Use.
12. Security.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage
to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
Provider reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any
information, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
13. Indemnification.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and
directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Materials, including any data
or work transmitted or received by You or any service provider; (b) Your violation of these Terms and Conditions of Use; or (c) Your violation of any rights of a third party or service
provider.
14. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Arizona will govern these disclaimers, Terms and Conditions
of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and
Conditions of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Arizona.
15. Waiver/Severability.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed
as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or
unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or
un-enforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and
Conditions of Use, which shall continue to be in full force and effect.
16. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use and/or
Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
18. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement between You and Provider with respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will
be effective only if in writing and signed by Provider.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
DATE LAST MODIFIED (except for minor grammar and spelling corrections): [January 5, 2011 @ 4:00am]
These Terms and Conditions of Use may be changed at any time.
