Website Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS Website, YOU AGREE TO THESE TERMS AND CONDITIONS.
Services may not be available in all states so please call or check our website for details. TEXAS FINE ART PHOTOGRAPHY
Your access to and use of this Website is subject to the following terms and conditions of use (Terms of Use) and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, this Website known as TEXAS FINE ART PHOTOGRAPHY (Website) which is exclusively owned and operated by TEXAS FINE ART PHOTOGRAPHY and do not alter in any way the terms or conditions of any other agreement you may have with TEXAS FINE ART PHOTOGRAPHY for services or otherwise. These Terms of Use may be changed by TEXAS FINE ART PHOTOGRAPHY at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this Website. Your use of this Website following the posting of such changes to the revised Terms of Use shall constitute your acceptance of any such changes. If you do not agree to these Terms of Use, our Privacy Statement, TEXAS FINE ART PHOTOGRAPHY Service Agreement, or any other policy governing your access to or use of our Website you should immediately terminate your access to and use of the Website. If you have any question regarding these terms or your access to or use of this Website.
PRIVACY
We respect the privacy of our customers and encourage you to read our PRIVACY POLICY so that you may make an informed decision about using our Website. There is important information regarding you’re the use and collection of your personal information in our Privacy Policy that we ask you to review.
COPYRIGHT
Unless otherwise indicated, all Website materials, including, without limitation, the TEXAS FINE ART PHOTOGRAPHY logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of TEXAS FINE ART PHOTOGRAPHY or its licencors. You may electronically copy and print to a hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Website including any commercial use, reproduction for purposes other than described herein, modification, distribution, republication, display or performance without the prior written permission of TEXAS FINE ART PHOTOGRAPHY is strictly prohibited.
ACCESS TO SERVICES
The TEXAS FINE ART PHOTOGRAPHY Website allows you to create a unique user name and password to utilize many of our customized online services. Only individuals authorized by you, who over the age of 18, may access and use our Online Services. You may not access the Online Services from outside the country for which it was issued. Your unique user name may be restricted from accessing certain Materials otherwise available in the Online Services. Materials and features may be added to or withdrawn from the Online Services or otherwise changed without notice and in our sole discretion.
TRADEMARKS
The TEXAS FINE ART PHOTOGRAPHY proprietary Service or service names contained in this Website are either trademarks or registered trademarks of TEXAS FINE ART PHOTOGRAPHY or its licencors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TEXAS FINE ART PHOTOGRAPHY . In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of TEXAS FINE ART PHOTOGRAPHY , and may not be copied, imitated or used, in whole or in part, without the prior written permission of TEXAS FINE ART PHOTOGRAPHY . All other trademarks, registered trademarks, Service names and company names or logos mentioned herein are the property of their respective owners.
UPLOADED CONTENT
You agree that the content you upload in your personal space belongs to you and is for your personal use. You certify that you own and are responsible for any of the contents uploaded in your personal area and that you are not uploading and storing items that would infringe U.S. Copyright laws. You understand that you may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary rights or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right.
SERVICES DESCRIPTION
TEXAS FINE ART PHOTOGRAPHY and its affiliates attempt to describe its Services as accurately as possible. However, TEXAS FINE ART PHOTOGRAPHY does not warrant that Service descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a Service offered by TEXAS FINE ART PHOTOGRAPHY itself is not as described, your sole remedy is to cancel the service in the manner set forth in the TEXAS FINE ART PHOTOGRAPHY Service Agreement. The prices displayed on the Website are in U.S. Dollars and are valid and effective only in the United States.
TERMS AND CONDITIONS OF TEXAS FINE ART PHOTOGRAPHY WEBSITE:
All use and/or purchase of TEXAS FINE ART PHOTOGRAPHY s TEXAS FINE ART PHOTOGRAPHY is subject to TEXAS FINE ART PHOTOGRAPHY Service Agreement. Users can cancel their accounts at anytime, subject to the terms and conditions contained in the TEXAS FINE ART PHOTOGRAPHY Service Agreement, however, since we are not able to pro-rate, the account will remain active until the end of the paid monthly cycle. There are no pro-rated refunds. Once your account is cancelled your member access to the site will be revoked upon the expiration of the paid monthly cycle. You agree that fees collected are non-refundable. All cancellation shall also be strictly subject to the terms and conditions of the TEXAS FINE ART PHOTOGRAPHY Service Agreement. In the event of a conflict between the terms and condition contained in this Terms of Use and the TEXAS FINE ART PHOTOGRAPHY Services Agreement, the TEXAS FINE ART PHOTOGRAPHY Services Agreement shall prevail and be deemed the governing document.
YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS
We may share, transfer or provide your information as indicated in our Privacy Policy. Based on your consent, you may be contacted by third-party service providers, such as financial institutions, debt settlement companies, lenders and other financial professionals (“Providers”). We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Provider’s products or services. We urge you to obtain the advice of qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Providers.
INAPPROPRIATE IMAGES OR WORDS
TEXAS FINE ART PHOTOGRAPHY reserves the right to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:
- images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
- profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
- any illegal material such as expressions of abuse, offensive language and imagery, obscenity or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this Website infringes upon any copyright that you own or control, or that any link on this Website directs users to another Website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement to the email or address stated below.
ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use TEXAS FINE ART PHOTOGRAPHY Website only for lawful purposes. You are prohibited from posting on or transmitting through TEXAS FINE ART PHOTOGRAPHY Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. TEXAS FINE ART PHOTOGRAPHY may, at its discretion, terminate the accounts of any registered User who violate this policy.
TEXAS FINE ART PHOTOGRAPHY respects the intellectual property of others, and we ask our Users to do the same. TEXAS FINE ART PHOTOGRAPHY may, in appropriate circumstances and at its discretion, terminate the accounts of any User who infringe upon the intellectual property rights of others or who violate this policy.
CONTENT REVIEW
TEXAS FINE ART PHOTOGRAPHY may elect to electronically monitor areas of this Website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to TEXAS FINE ART PHOTOGRAPHY its independent contractors, service providers, consultants, sponsors, licensors or the public. TEXAS FINE ART PHOTOGRAPHY retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to its users, TEXAS FINE ART PHOTOGRAPHY or the rights of any third party, or to violate any applicable law.
USE BY CHILDREN
TEXAS FINE ART PHOTOGRAPHY Website do not offer products and services for sale to children under 18. We sell products and services for purchase by adults only. By using this Website, you are representing to us that you are 18 years of age or older. TEXAS FINE ART PHOTOGRAPHY will not be liable for any damages that may result from misrepresentation of age by a user of our Website.
INDEMNITY
You agree to defend, indemnify and hold harmless TEXAS FINE ART PHOTOGRAPHY , its Managers, it employees, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys fees) arising out of your use of the TEXAS FINE ART PHOTOGRAPHY Website or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against TEXAS FINE ART PHOTOGRAPHY and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
DISCLAIMER
EXCEPT IF EXPLICITLY STATED IN WRITING OTHERWISE BY TEXAS FINE ART PHOTOGRAPHY , THE PRODUCTS AND/OR MATERIALS AND/OR SERVICES CONTAINED AND SOLD ON THE TEXAS FINE ART PHOTOGRAPHY TEXAS FINE ART PHOTOGRAPHY Website ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TEXAS FINE ART PHOTOGRAPHY WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TEXAS FINE ART PHOTOGRAPHY WEBSITE DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCTS AND/OR MATERIALS AND/OR SERVICES ON THE TEXAS FINE ART PHOTOGRAPHY , INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT TEXAS FINE ART PHOTOGRAPHY WEBSITE PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TEXAS FINE ART PHOTOGRAPHY DOES NOT REPRESENT OR WARRANT THAT THE TEXAS FINE ART PHOTOGRAPHY OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TEXAS FINE ART PHOTOGRAPHY reserves the right to change any and all content contained on the TEXAS FINE ART PHOTOGRAPHY Website at any time without notice. Reference to any products, services, materials, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TEXAS FINE ART PHOTOGRAPHY Website.
If you rely on the TEXAS FINE ART PHOTOGRAPHY website and any materials available on it, you do so solely at your own risk.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TEXAS FINE ART PHOTOGRAPHY OR ITS OFFICER(S), MANAGER(S), DIRECTOR(S),MEMBER(S) OR EMPLOYEE(S) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND 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 OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN AND/OR SERVICES SOLD ON AND/OR PRODUCTS SOLD ON, OR ACCESSED THROUGH, THE TEXAS FINE ART PHOTOGRAPHY WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TEXAS FINE ART PHOTOGRAPHY, OR THAT RESULTS FROM MISTAKES, OMMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, ACTS OF TERRORISM, THEFT, DESTRUCTION, OR UNAUTHORIZED ACESS TO THE TEXAS FINE ART PHOTOGRAPHY RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TEXAS FINE ART 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 TEXAS FINE ART PHOTOGRAPHY WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TEXAS FINE ART PHOTOGRAPHY AND/OR THE TEXAS FINE ART PHOTOGRAPHY WEBSITE FOR ACCESS TO OR USE OR FOR SERVICES SOLD ON AND/OR PRODUCTS SOLD ON THE TEXAS FINE ART PHOTOGRAPHY .