Website Terms and Conditions

 

Credit

 

This document was created using a Contractology template available at http://www.contractology.com.

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. 

 

License to use website

 

Unless otherwise stated, Mark Farwell and Mark Farwell Photography (MFP) and/or its licensors own the intellectual property rights to the website and the material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

 

You must not:

 

• republish material from this website (including republication on another website);

• sell, rent, or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website; or

• redistribute material from this website [except for content specifically and expressly made available for redistribution.

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Ownership of copyright

 

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material, and audio-visual material) is owned by MFP [and its licensors].

 

Copyright license

 

MFP grants you a worldwide non-exclusive royalty-free revocable license to:

 

• view this website and the material on this website on a computer or mobile device via a web browser;

• copy and store this website and the material on this website in your web browser cache memory; and

• print pages from this website for your own personal and non-commercial use.

 

MFP does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without MFP's prior written permission.   

 

Data mining

 

The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

 

You may request permission to use the copyright materials on this website by writing to info@markfarwell.com.

 

Enforcement of copyright

 

MFP takes the protection of its copyright very seriously.

 

If MFP discovers that you have used its copyright materials in contravention of the license above, MFP may bring legal proceedings against you seeking monetary damages and an injunction to stop you from using those materials.  You could also be ordered to pay legal costs.

 

If you become aware of any use of MFP’s copyright materials that contravenes or may contravene the license above, please report this by email to info@markfarwell.com.

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Infringing material

 

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to info@markfarwell.com.

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without MFP’s express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without MFP’s express written consent. 

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  MFP makes no representations or warranties in relation to this website or the information and materials provided on this website.  

 

Without prejudice to the generality of the foregoing paragraph, MFP does not warrant that:

 

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate, or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial, or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

MFP will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• to the extent that the website is provided free of charge for any direct loss;

• for any indirect, special, or consequential loss; or

• for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if MFP has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit MFP's liability in respect of any:

 

• death or personal injury caused by MFP's negligence;

• fraud or fraudulent misrepresentation on the part of MFP; or

• matter which it would be illegal or unlawful for MFP to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, MFP has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against MFP's officers or employees regarding any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MFP's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as MFP. 

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Unenforceable provisions

 

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify MFP and undertake to keep MFP indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by MFP to a third party in settlement of a claim or dispute on the advice of MFP's legal advisers) incurred or suffered by MFP arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to MFP's other rights under these terms and conditions, if you breach these terms and conditions in any way, MFP may take such action as MFP deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

MFP may revise these terms and conditions from time to time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

MFP may transfer, sub-contract, or otherwise deal with MFP's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.  

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed deleted, and the rest of the provision will continue in effect. 

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and MFP in relation to your use of this website and supersede all previous agreements in respect to your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the Courts of California, United States of America.

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You can contact MFP by emailing info@markfarwell.com.

 

It is an infringement of our copyright to use the document without the "Credit" section and without paying the license fee. You must retain the "Credit" section in this document. If you wish to use the document without the "Credit" section (e.g. to project a more professional image) then you can get a license to do so here:

 

http://www.contractology.com/precedents/freenetlaw-license-website-terms-and-conditions.html

 

 

Mark Farwell

Founder of Mark Farwell Photography and MarkFarwell.com

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