TERMS AND CONDITIONS OF WEBSITE ACCESS AND USE
This website (the “Site”) is provided as a service to our customers for your non-commercial use. Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes an unconditional agreement to follow and be bound by these Terms and Conditions. East Way Photography expressly reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the eastwayphotography.com Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. Because of this, East Way Photography requests that all users review these Terms and Conditions whenever you visit the Site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by East Way Photography and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of East Way Photography and is also protected by U.S. and international copyright laws.
East Way Photography, and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer, and shall not be considered as conferring upon anyone, any license under any of East Way Photography’s or any third party’s intellectual property rights.
The East Way Photography names and logos and all related products and names, design marks and slogans are trademarks or service marks of East Way Photography. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply East Way Photography’s endorsement, sponsorship or recommendation of the third party, information, product or service. East Way Photography is not responsible for the content or accuracy of material on any other websites. If you decide to link to any third party websites via a hyperlink on the Site, you do so entirely at your own risk and agree to hold East Way Photography harmless from any damage you might suffer by accessing or using the third party website.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of East Way Photography or its suppliers and protected by U.S. and international copyright laws. Any unauthorized usage, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of this Site is strictly prohibited.
PHOTOGRAPHS AND COLORS
We have made every effort to display as accurately as possible the colors of our photographs or other products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display will be accurate.
No images or photographs on this web site are within Public Domain. Use of any image on this web site as the basis for another photographic concept or illustration is a violation of copyright. The intellectual property MAY NOT BE DOWNLOADED except by normal viewing process of the browser. The intellectual property may not be copied to another computer, transmitted, published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any digitization or synthesizing of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of East Way Photography and payment of a fee or arrangement thereof.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. East Way Photography will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from East Way Photography on this Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
You may provide hyperlinks to the Site from other websites only if you satisfy the following requirements:
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of East Way Photography to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit East Way Photography’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New York State law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New York State. The prevailing party under any such suit shall be entitled to an award of reasonable costs and attorneys fees.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to East Way Photography on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain East Way Photography’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to East Way Photography of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, East Way Photography will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
East Way Photography is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
East Way Photography will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials unless agreed upon in a prior arrangement.
You agree to defend, indemnify and hold East Way Photography harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
THIS SITE IS PROVIDED BY East Way Photography ON AN “AS IS” AND “AS AVAILABLE” BASIS. East Way Photography MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, East Way Photography DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, East Way Photography DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE East Way Photography SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL East Way Photography OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE East Way Photography SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF East Way Photography HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL East Way Photography BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Last updated 7/4/2016
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