Website Terms & Conditions.

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website www.jimcphotography.com . By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

DEFINITIONS

The terms “us”, “we”, and “our” refer to Jim Cairns Photography, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.

ACCEPTANCE OF AGREEMENT

This Agreement is between you and Jim Cairns Photography.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Jim Cairns Photography and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

Our Privacy Policy is considered part of this Agreement and available on this website. You must review our Privacy Policy by clicking on this LINK. If you do not accept and agree to being bound by all of the terms of this Agreement, including the Jim Cairns Photography Privacy Policy, do not use this Website or our Services.

AMENDMENT OF TERMS

Jim Cairns Photography reserve the right to change, modify, add or remove portions of these terms at any time without prior notice or user’s consent. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern you and [Jim Cairns Photography] rights and obligations to each other.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein. We may disclose any content or electronic communication of any kind to satisfy any law, regulation or government request.

OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship between you and Jim Cairns Photography.

OUR INTELLECTUAL PROPERTY

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Jim Cairns Photography.

Our Content, as found within our Website and Services, is protected under International Copyright Protection. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

MEMBER INTELLECTUAL PROPERTY

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (‘Content’). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that:

the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Our service is not a backup service, and we can not be held responsible for lost data. We may delete content that is in violation with any laws. You also grant each user of the Service the right to access your User Content through or from the Website and the Service, and to use, edit, modify your User Content

ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP

To use our Services you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 13 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are 13 years of age or older and agree to abide by all the terms and conditions of this Agreement.

Jim Cairns Photography has the right to refuse service based solely our discretion . If you have signed up and are using the site and we decides to disable your ability to use the site for any reason, Jim Cairns Photography does not need to inform you of the reason and can do so at any time. You agree to no legal action on your part.

ERRORS, CORRECTIONS, AND CHANGES

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.

Jim Cairns Photography reserves the right in our sole discretion to change any Content, product, price, and other items used or contained in our Website or Services at any time without notice. Reference to any services, processes, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.

PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products and services described or depicted on this site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of all listed products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the site at a particular time does not imply or warrant that these products or services will be available at any time.

DISCLAIMER

To the fullest extent permitted by law, Jim Cairns Photography absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Jim Cairns Photography gives no warranty that the products, services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses, downtimes or any other harmful components.

Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in the website or as to their correctness, suitability, accuracy, reliability, or otherwise. The site is free to use, but there is nothing promised by [Business Name] in terms of any of its advertised features. In other words, the site should work as designed, but no guarantee of that to any user. If the product fails to deliver, etc., whatever happens due to use of our product or services, you hereby acknowledge that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

SOME LINKS ON OUR WEBSITE WILL LET YOU LEAVE OUR SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Jim Cairns Photography AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Jim Cairns Photography IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE PROVIDE THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY Jim Cairns Photography

WARRANTY DISCLAIMER

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Jim Cairns Photography assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Users communications.

LIMITATION OF LIABILITY

NO EVENT WILL Jim Cairns Photography OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED PRODUCT, ACCESSED THROUGH OUR WEBSITE OR SERVICES, EVEN IF CROWD VIBE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Jim Cairns Photography LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT CHARGED FOR ANY PURCHASE MADE, IF ANY, BY YOU TO US FOR ANY PRODUCT.

YOUR PRIVACY

You are responsible for your name and password and maintaining the security of both. [Business Name] is not responsible for any claims, damages or losses you suffer by reason of unauthorized use of your password by others. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

USE OF INFORMATION

You agree to use our Website as yourself, with your own ID and password and not represent any other user other than yourself. We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

Jim Cairns Photography, as a rule, does not interfere with, modify or otherwise change your data, however, your data including all of your data with each and every [Business Name] email sent or going to be sent in the future is the property of [Business Name] and can be reviewed, stored and used for the purposes known only to [Business Name] and any affiliates it may choose. Jim Cairns Photography is under no obligation to extract any data from the database of Jim Cairns Photography for the purposes of defending (or otherwise) in the court of law any user or users of this web site. You agree and submit that Jim Cairns Photography has the full rights to analyze any and all data that you willfully place onto the website.

Jim Cairns Photography reserves the right, but does not have the obligation, to monitor your use of this site and to restrict or terminate your use of the site or modify or remove any information found on the site for any reason whatsoever in our sole discretion.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information. You will not attempt to reverse engineer our website, any portion of it or try to reverse engineer the programming code.

LINKING TO OUR WEBSITE

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.

Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites.

Jim Cairns Photography has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

BINDING ARBITRATION

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by arbitrator chosen by Jim Cairns Photography

The binding arbitration will be conducted in [New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.

CHOICE OF LAW AND JURISDICTION

This Agreement will be treated as if it were executed and performed New Jersey, United States , and will be governed by and construed in accordance with the laws of the state of New Jersey without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

If Jim Cairns Photography gets sued by you, you will defend and indemnify Jim Cairns Photography

from all claims, actions, damages, losses, liabilities, costs, expenses of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses incurred by Jim Cairns Photography as a direct result of any breach by you of these Terms and Conditions, or arising out of or about your willful or accidental misconduct, negligent or fraudulent use of this website.

SEVERABILITY AND SURVIVAL

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full

force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

FURTHER INFORMATION

Further information on these Conditions of use or any queries on them are available by contacting us using any of the detail below:

Email: info@jimcphotography.com