|
TERMS OF SERVICE
CACHINNATE ENTERPRISES, LLC "TERMS OF USE"
1. Use Of The Website And Agreement To Be Bound By Terms.
Welcome to www.feet.photography, a website operated by Cachinnate Enterprises, LLC (hereinafter "the Website"). The following is a legal agreement between you and Cachinnate Enterprises, LLC, and their parents, subsidiaries and affiliates (collectively "Cachinnate").
BY ENTERING, ACCESSING AND/OR USING THE WEBSITE, VIEWING ANY PHOTOS ON THE WEBSITE, AND/OR PURCHASING ANY GOODS OR SERVICES FROM THE WEBSITE AND/OR CACHINNATE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (the "TERMS").
Acceptance of these Terms creates a binding contract between you and Cachinnate. Your use of the Website, is entirely conditioned on and subject to your compliance with these Terms. You are hereby on notice that Cachinnate may, in its sole discretion, revise these terms at any time by updating this posting. If you do not agree to these Terms, then you should leave the Website and discontinue use of the Services immediately. Please read these Terms carefully and thoroughly, as they create a binding contract.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO YOU.
2. Intellectual Property Rights
All original content contained on/in the Website, including without limitation, all photos, graphics, text, logos, icons, products, etc. (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Cachinnate, or its content suppliers or licensors, and are the sole property of Cachinnate, and are protected by U.S. and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Cachinnate and is also protected by U.S. and international copyright laws. You may not copy, reproduce, modify, alter in any way or form, distribute, publish, transmit, participate in the transfer or sale of, create derivative works from, display, incorporate into another web site, or in any other way use or exploit any of the content, in whole or in part, without the specific permission of Cachinnate obtained via written consent.
Further, Cachinnate owns the Cachinnate name, trademarks and logos (collectively, "Cachinnate Marks"). You agree to not use the Cachinnate Marks without written permission from Cachinnate. Any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Cachinnate or a third party.
If consent is given by Cachinnate, the proper credit should be given to the Website in the form of a link, an official banner, and at the very least, Cachinnate's logo must not be cropped or removed in any way. All images for distribution must be authorized by our web master.
3. Exchange Policy
The Website will make appropriate efforts in good faith to exchange any product that is proven to be defective and was directly purchased through our site. All exchanges will only be issued to the original purchasing party. The Website can not be held accountable or responsible for personal taste, therefore monetary refunds are not available.
4. Privacy Policy
As a matter of policy, the Website will not divulge or distribute any client information to third parties, and that includes names, addresses, telephone, email, or any contact information pertaining our customers. We DO NOT sell, exchange or distribute mailing lists with any other sites or entities. Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.
5. Permissible User Conduct
You agree that any information that you provide to Cachinnate, specifically including the age (as being older than 18 years old) and/or identity of the user of any services is accurate, truthful, and complete.
You agree not to use Cachinnate to view, receive, send, initiate the viewing, receipt or sending of, transmit, upload, post, e-mail, or otherwise make available any information or content that is unlawful, tortious, defamatory, harmful, abusive, threatening, harassing, vulgar, obscene, profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You agree that you will use this site and any photos viewed on this site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You can purchase the photographs (in jpeg format) featured on our Web site from www.feet.photography in the form of downloadable zip files with the desired jpegs located within said zip file, henceforth known as the "Products". Please note that the purchased Products will consist solely of said zip files and jpegs and will not contain any software which may be needed to open and/or operate said zip files or jpegs. You are solely responsible for obtaining any software needed to open and/or operate said zip files or jpegs. Cachinnate is not responsible for any issues relating to or resulting from you needing to obtain, and/or obtaining, software from third parties for the purpose of opening and/or operating the purchased Products.
If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, 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 Cachinnate Enterprises LLC. Products are intended for your personal use only. You may not use or reproduce a Product 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 Product, including without limitation, adding other material to a Product, without Cachinnate Enterprises LLC prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble any Product and/or any content and/or any software on this Web site.
6. Indemnification and Limitation of Liability
You agree that you are responsible for your actions and communications. Cachinnate takes no responsibility and assumes no liability for any content available on its site and transmitted by you to any third-party, or for any mistakes, omissions, falsehoods, defamation, slander, libel, infringement, pornography, obscenity, or profanity you or a third party may encounter. Cachinnate also takes no responsibility and assumes no liability for any issues relating to or resulting from you needing to obtain, and/or obtaining, software from third parties for the purpose of opening and/or operating the purchased Products.
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CACHINNATE, AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, PARENTS, AGENTS, ASSIGNS, SUPPLIERS, SERVICE PROVIDERS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, YOUR BREACH OF THE REPRESENTATIONS AND WARRANTIES, AND ANY DAMAGE YOU CAUSED TO ANOTHER. THESE OBLIGATIONS SURVIVE THESE TERMS AND YOUR USE OF THE SITE.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED UNDER THE LAW, CACHINNATE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND AGENTS HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THIS SERVICE, THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CACHINNATES LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND YOU ARE NOT ENTITLED TO DAMAGES OF ANY KIND, UNLESS OTHERWISE PERMITTED BY LAW. TO THE EXTENT APPLICABLE LAW OF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THIS PROVISION MAY NOT APPLY TO YOU IN ITS ENTIRETY.
7. Site Services
Cachinnate may change, suspend or discontinue any aspect of its services, including the availability of any content, at any time. Cachinnate may also impose limits on certain services or restrict your access to parts or all of the Website without notice or liability.
8. Notice
Cachinnate has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
9. Termination
This agreement will terminate immediately without notice from Cachinnate if in Cachinnate's sole discretion you fail to comply with any term or provision of this agreement.
10. Applicable Law, Forum and Jurisdiction for Disputes
Applicable Law: These Terms of Use, the Privacy Policy, and any legal action against Cachinnate, shall be governed in all respects and construed in all respects by the laws of the State of Georgia in the United States, and as those laws apply to agreements entered into and to be performed entirely within Georgia, without regard to conflict of law provisions.
CACHINNATE MAKES NO REPRESENTATION THAT MATERIALS AND/OR SERVICES IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. INDIVIDUALS ALSO AGREE TO COMPLY WITH ALL APPLICABLE UNITED STATES EXPORT CONTROLS.
Forum and Jurisdiction: You agree that any dispute or claim you have or may bring against Cachinnate must be resolved by an appropriate federal or state court located in the County of Gwinnett, State of Georgia, United States. You agree to submit to the personal jurisdiction of the courts located in the County of Gwinnett, State of Georgia, United States for the purpose of litigating any claim or dispute you have with or bring against Cachinnate.
11. Miscellaneous
(a) Entire Agreement:
This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
(b) Enforcement:
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
|
