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TERMS AND CONDITIONS OF USE Your Agreement with JIvePhotography.com: Welcome to the JIve Photography website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND JIVE PHOTOGRAPHY ("JIVE" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. Ownership of This Website This website is owned and operated by JIve Photography. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, and moving images ("Content"), is owned by JIve Photography, its licensors and its content providers. Unlicensed Use Without a License, Images are provided solely for your review, and you may not tamper with or remove a Digital-based Image from www.JIvePhotography.com. If you make, or if you knowingly or negligently permit any third party to make, any unauthorized use of an Image including a use that exceeds your License, you will be liable for three times the market value of such use, plus reasonable legal fees and costs. This paragraph shall not limit any other rights or remedies of JIve Photography. Copyright Notice Images published for any use other than specified within a licensed agreement or any use due to deliberate theft, such persons shall pay liquidated damages consisting of but not limited to triple the stated License fee. Images released to parties under license or otherwise shall include a copyright notice in the format provided. If none is provided, JIve Photography will provide upon request. If you omit such notice, you will be subject to penalties consisting of previously stated within this paragraph but not limited to. All elements of JIve Photography websites, including, but not limited to, the general design and the Content, are protected by copyright, moral rights, and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with JIve Photography, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of JIve Photography or its licensors unless otherwise expressly agreed. You shall indemnify JIve Photography, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights. Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND JIVE PHOTOGRAPHY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. JIVE PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT JIVE PHOTOGRAPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither JIve Photography nor its directors, licensors, content providers, or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. JIve Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the JIve Photography website; however, these other websites are not controlled by JIve Photography and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against JIve Photography regarding the inclusion of links to outside websites or your use of those websites. Governing Law and Venue This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County. Users of this website agree that any and all disputes arising from the use of this website, or the licensing or purchasing of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, JIve Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of JIve Photography, such action is necessary or desirable. No Waiver, Severability No action of JIve Photography, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between JIve Photography and you relating to your use of this website. © 2001-2008 JIve Photography, All rights reserved. Terms and Conditions of Use.
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©2001 - 2008 JIvePhotography.com. All Rights Reserved.
By viewing this site you agree with the terms and conditions.
Unauthorized use of copyrighted photos and material is strictly prohibited.