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Terms of Use:
TERMS AND CONDITIONS OF WEBSITE USE:
Thank you for visiting the jeffcallenphoto.com website (the 'Site') which
is provided by Jeff Callen Photography, Incorporated (the 'Company'). This page states the Terms and Conditions (the "Terms")
under which you may use the Site. Please read these Terms carefully.
By accessing and using the Site you accept and agree to be bound, without
limitation or qualification, by these Terms. The Company may, at its sole
discretion, modify or revise these Terms at any time by updating this page.
You are bound by any such modification or revision and should therefore visit
this page periodically to review these Terms. If you do not accept any
of these Terms, do not use the Site.
Copyright © 2006 All rights reserved. The contents of the Site, including
images, graphics, text and other materials (collectively, the "Material"),
are protected by copyright under both United States and foreign laws, and are
owned or controlled by the Company. No Material may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the Materials on any single computer for your
personal, noncommercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of any Material, or use of any Material
for any other purpose, is a violation of these Terms and the Company's copyrights
and other intellectual property rights. For purposes of these Terms, the
use of any Material on any other web site or networked computer environment
is prohibited. If you would like information about obtaining the Companys
permission to use the Material on your web site, please e-mail jeff@jeffcallenphoto.com
The trademarks, logos and service marks (collectively,
the "Marks") displayed on the Site are owned by the Company and third
parties, including past and present Company clients. Any use of any Mark is
strictly prohibited without the express written permission of its owner.
The photographs
displayed on the site were all taken by Jeff Callen Photography, Incorporated
which owns the copyright. They are displayed as examples of the Companys
prior work and for no other purpose. Where any such photographs contain
symbols, products, logos, trademarks, images, or the trade dress owned by
any other person, or the likeness of any particular person or thing, they
are not displayed to dilute, damage, or misappropriate the intellectual property
rights of such other person but purely as an exercise of the Company's copyright
right of display.
THE COMPANY DOES NOT WARRANT THAT THE
SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS.THE SITE AND MATERIAL ARE PROVIDED ON AN AS I IS
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, ITS AGENTS AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY
OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL THE COMPANY, ITS AGENTS, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
The
above limitation or exclusion may not apply to you to the extent that applicable
law may not allow the limitation or exclusion of liability for incidental
or consequential damages. In that event, the Companys aggregate liability
to you for any and all claims arising from the use of the Site and/or Materials
shall be equal to $1.00 (U.S.) and a list containing the names of three of
the Companys competitors.
By postal mail:Attn: Jeff Callen Jeff Callen
Photography, Incorporated851 E. Drexel Sq, Chicago, IL 60615By telephone: (312) 953-2244By fax:
(312) 953-2244By e-mail:
jeff@jeffcallenphoto.com
The Site is controlled and operated from within
Cook County, Illinois, U.S.A. The Company makes no representation that
the Materials or Site are appropriate or available for use in other locations.
Those who choose to access the Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. The Site is not intended to target, market
or solicit the citizens of any other state or country. The Company does not
engage in transactions via the Site but uses it as a convenient way to display
examples of its work and allows potential customers to easily contact the Company
using e-mail. Any engagement resulting from any e-mail received from a view
of the Site will be governed by the State of Illinois. Any action at law
or in equity arising out of or relating to these Terms shall be filed only in
the state or federal courts located in Cook County, Illinois, U.S.A. and you
hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these Terms
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
The Company does not sell or rent this information to outside parties.
However, the Company may need to share this information in order to respond
to subpoenas, court orders, or legal process, or to establish or exercise
its legal rights or defend against legal claims. The Company may also
share this information: (i) in order to investigate, prevent, or take action
regarding illegal activities, suspected fraud, situations involving potential
threats to any person, violations of these Terms, or any problems with the
Site; or (ii) as otherwise required or permitted by law. Moreover, the Company
may, at its sole discretion, modify or revise this privacy policy at any time
by updating the Terms.
NO UNSOLICITED IDEAS
The Company does not accept or consider unsolicited
creative submissions. The Company develops concepts and ideas for use
in advertising, promotion, public relations and whatever else is appropriate
to promote the products and services of its clients. The Company has
adopted a policy of not considering ideas or suggestions from anyone not employed
or under contract with the Company for the purpose of presenting such ideas.
The Company will not consider suggestions or ideas submitted without solicitation
because of the potential misunderstandings that may result. Please do
not send the Company any unsolicited creative materials, such as commercial
ideas or original artwork for any reason. If, despite this statement, you
choose to submit unsolicited creative materials of any kind, please be advised
that all such remarks, suggestions, ideas, graphics, or other information
communicated to the Company through the Site will forever become the property
of the Company. The Company will not be required to treat any such submission
as confidential, and will not be liable for any ideas for its business (including
without limitation, product, or advertising ideas for the Companys clients)
and will not incur any liability as a result of any similarities that may
appear in future Company operations. Without limitation, the Company will
have exclusive ownership of all present and future existing rights to the
unsolicited submissions of every kind and nature everywhere. The Company will
be entitled to use the unsolicited submission for any purpose whatsoever without
compensation to you or any other party sending such unsolicited submissions.
·
Access any information that
identifies other users of the Site, ·
Submit a virus, Trojan horse,
worm, time bomb or other computer programming routine or engine intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information relating to the Site or its server, ·
Overload or crash the Site,
·
Interrupt, destroy or otherwise
limit the functionality of any computer software, hardware or communications
equipment used in conjunction with the Site, or ·
Otherwise interfere with the
Site.
EXAMPLES OF PROHIBIT USES
You acknowledge that your
compliance with these Terms restricts how you may use the Site. For
example, you agree to not:
·
Violate any law,
·
Infringe upon any rights of
another,
·
Provide the Company with any
false or inaccurate information, ·
Take any action which could
be defamatory, obscene, or hateful, ·
"Frame" any portion
of the Site without the Companys prior written consent, ·
Take any action which imposes
an unreasonable or disproportionately large load on the Sites infrastructure,
·
Decipher or reverse engineer
any function or compilation of code contained in or used by the Site, ·
Use any software or other tool
(other than generally available third party web browsers) to navigate through
or search the Site, ·
Collect or store personal data
about any other user of the Site, or ·
Aggregate, copy or duplicate
(in any manner) any Material or other information available on the Site.
LINKS
The Company explicitly disclaims any responsibility
for the accuracy, content, or availability of information found on any web
site that links to or from the Site. If you decide to access such sites,
you do so at your own risk.
INDEMNIFICATION
You agree to indemnify and hold the Company,
and its affiliates, officers, employees, and other agents harmless from any
claim or demand made by any third party, and all associated liabilities, damages,
costs and expenses (including reasonable attorneys' fees), resulting from
or arising out of your violation of these Terms. You also acknowledge that
the failure to comply with certain Terms may result in criminal liability
and/ or additional civil liability.
TERMINATION
These Terms are effective until terminated
by either party. You may terminate these Terms at any time by destroying all
Materials obtained from the Site and all copies thereof, whether made in compliance
with these Terms or otherwise. These Terms will terminate immediately and
without notice from the Company if, in the Companys sole discretion, you
fail to comply with any part or provision of these Terms.
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