Website Terms and Conditions

 

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 and/or its licensors own the intellectual property rights in the website and 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.

 

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 on this website) is owned by Mark Farwell and Mark Farwell Photography [and its licensors].

 

Copyright license

 

Mark Farwell and Mark Farwell Photography grants to 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.

 

Mark Farwell and Mark Farwell Photography 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 Mark Farwell and Mark Farwell Photography'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

 

Mark Farwell and Mark Farwell Photography takes the protection of its copyright very seriously.

 

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

 

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

 

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 which 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 which 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 Mark Farwell and Mark Farwell Photography’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 Mark Farwell and Mark Farwell Photography’s express written consent.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Mark Farwell and Mark Farwell Photography 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, Mark Farwell and Mark Farwell Photography 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

 

Mark Farwell and Mark Farwell Photography 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 Mark Farwell and Mark Farwell Photography 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 Mark Farwell and Mark Farwell Photography's liability in respect of any:

 

• death or personal injury caused by Mark Farwell and Mark Farwell Photography's negligence;

• fraud or fraudulent misrepresentation on the part of Mark Farwell and Mark Farwell Photography; or

• matter which it would be illegal or unlawful for Mark Farwell and Mark Farwell Photography 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, Mark Farwell and Mark Farwell Photography has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Mark Farwell and Mark Farwell Photography's officers or employees in respect of 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 Mark Farwell and Mark Farwell Photography's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mark Farwell and Mark Farwell Photography.

 

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 Mark Farwell and Mark Farwell Photography and undertake to keep Mark Farwell and Mark Farwell Photography indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mark Farwell and Mark Farwell Photography to a third party in settlement of a claim or dispute on the advice of Mark Farwell and Mark Farwell Photography's legal advisers) incurred or suffered by Mark Farwell and Mark Farwell Photography 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 Mark Farwell and Mark Farwell Photography's other rights under these terms and conditions, if you breach these terms and conditions in any way, Mark Farwell and Mark Farwell Photography may take such action as Mark Farwell and Mark Farwell Photography 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

 

Mark Farwell and Mark Farwell Photography 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

 

Mark Farwell and Mark Farwell Photography may transfer, sub-contract or otherwise deal with Mark Farwell and Mark Farwell Photography'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 to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and Mark Farwell and Mark Farwell Photography in relation to your use of this website, and supersede all previous agreements in respect of 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 [non-]exclusive jurisdiction of the Courts of California, United States of America.

 

You can contact Mark Farwell and Mark Farwell Photography by email to 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:

 

Credit:

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

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

 

Mark Farwell

Founder of Mark Farwell Photography and www.markfarwell.com

photography@markfarwell.com

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