Legal and copyright policy - Web Site use agreement and restrictions

Spanish Bay Pebble Beach Wedding Photographer

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legal and copyright policy - legal notices

This Legal & Copyright policy should help you understand a little bit about our terms of use for our photographic product as well as the policies regulating the operation of this Web Site. Be sure to read our other policies to fulfill the rest of your curiosity.

 

LEGAL NOTICES

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This web site, including all of its features and content (the “Web Site”) is a service made available by Amie Morgan Photography (hereinafter referred to as “Provider," or "Amie Morgan Photography") and all content, information, services and tangible goods ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (hereinafter referred to as “Terms of Use,” or "Legal Notices").

The following terms and conditions govern all access to and use of this Web Site. Through User's access of this Web Site, User accepts, without limitation or alteration, all of the terms and conditions, contained in these Legal Notices.

As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Legal Notices. Provider may terminate this license at any time for any reason.

The trademarks, logos and service marks (collectively the "Marks" or "Mark") appearing on the Web Site are registered and unregistered Marks of Amie Morgan Photography and others. The Web Site and the information contained therein in no way grant any license or right to use any Mark displayed on the Web Site. User is strictly prohibited from using the Marks displayed on the Web Site or any other content on the Web Site, except as provided in these Legal Notices. Amie Morgan Photography aggressively enforces its intellectual property rights, including through criminal prosecution where appropriate.

Amie Morgan Photography and its subsidiaries (collectively referred to throughout as "Provider," or “Amie Morgan Photography”) have established and continue to maintain this Web Site to provide information, education and communication. Downloading of material displayed on the Web Site is limited to non-commercial, personal use only, provided User retains all copyright and other proprietary notices contained on the materials. The content of the Web Site cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the written permission of Amie Morgan Photography. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group.

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.

DIGITAL MILLENNIUM COPYRIGHT ACT - Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person's copyright. Provider will terminate, in appropriate circumstances, subscribers, Users, and account holders of the Provider's system or network who are repeat infringers of another person’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to Amie Morgan Photography, Attn: Legal Notices, 798 Lighthouse Ave. #310, Monterey, CA 93940-1010.

LINKING TO THIS WEB SITE:  You may provide links only to the homepage of this Web Site (http://amiemphoto.com/), provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Web Site, (b) you give Provider notice of such link by sending an e-mail to legalnotices@amiemphoto.com and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at legalnotices@amiemphoto.com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.

LICENSE OF YOUR CONTENT TO PROVIDER: By posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, “Postings”) for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Provider.

ADVERTISING: This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

REGISTRATION & CLIENT ACCESS: Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing legalnotices@amiemphoto.com.

With the exception of consumer personally identifiable information as discussed in each web Web Site-specific Privacy Policy, available as a link on every Amie Morgan Photography-owned web site, any communication or material sent to Amie Morgan Photography or to the Web Site by electronic mail or otherwise, including any data, questions, comments, suggestions, feedback or the like, is, and will be deemed, non-confidential and non-proprietary. Further, subject to each web site-specific Privacy Policy available as a link on every Amie Morgan Photography-owned web site, any communication or material sent to Amie Morgan Photography becomes the property of Amie Morgan Photography and its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Amie Morgan Photography is free to use any ideas, concepts, know-how or techniques contained in any communication sent to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Amie Morgan Photography makes no representations whatsoever about any other web site which may be accessed through this Web Site. Access to a non-Amie Morgan Photography web site is independent from Amie Morgan Photography, and Amie Morgan Photography has no control over the content on that web site. In addition, a link to a non-Amie Morgan Photography web site does not mean that Amie Morgan Photography endorses or accepts any responsibility for the content, or the use, of such web site. Amie Morgan Photography also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the computer equipment or other property of User arising from or related to access to, use of, or browsing in the Web Site or the downloading of any materials, data, text, images, video, or audio from the Web Site by User. IN NO EVENT WILL AMIE MORGAN PHOTOGRAPHY, ITS AFFILIATES, ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON USERS' INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF AMIE MORGAN PHOTOGRAPHY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Web Site's content is copyrighted. Use of the Web Site's content is prohibited except as provided herein, without the written permission of Amie Morgan Photography.

ERRORS AND CORRECTIONS: Although Amie Morgan Photography attempts to include accurate and up-to-date information in the Web Site, Amie Morgan Photography makes no warranties or representations as to its accuracy or timeliness. Provider does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Amie Morgan Photography assumes no liability or responsibility for any errors or omissions in the content of the Web Site. Information on this Web Site may contain technical inaccuracies or typographical errors. Amie Morgan Photography may change or update information without notice. Amie Morgan Photography may make improvements and/or changes in the products and/or the programs described in this Web Site at any time without notice.

INDEMNIFICATION: You agree to indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Legal Notices by you or arising from or related to any Postings uploaded or submitted by you.

UNLAWFUL ACTIVITY: Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to 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 user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

LIMITATION OF LIABILITY: PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS,  THE CONTENT, OR THE POSTINGS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

Use of and browsing in the Web Site are at User's risk. Without limiting the foregoing, everything on the Web Site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply.

Amie Morgan Photography either owns or has permission to use the images displayed on the Web Site. All of these images are either the property of, or used with permission by Amie Morgan Photography. All uses of these images are prohibited. Use of the images without authorization may violate certain laws, including but not limited to those relating to copyright, trademark, privacy and publicity.

Although Amie Morgan Photography may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and similar communications on the Web Site, Amie Morgan Photography has no obligation to do so. Amie Morgan Photography assumes no responsibility or liability arising from the content of any such communications or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information on the Web Site. The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is prohibited. Amie Morgan Photography fully cooperates with any law enforcement authorities or court order requesting or directing Amie Morgan Photography to disclose the identity of anyone posting any such information or materials.

MODIFICATIONS TO LEGAL NOTICES: These Legal Notices are subject to revision at any time by an update to this posting. Such revisions are binding upon any User of this Web Site. As a result, all Users should routinely visit this page to review the then current Legal Notices to which they are bound. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Legal Notices. Continued use of this Web Site after any such changes constitutes your consent to such changes.

SEVERABILITY OF PROVISIONS: Notwithstanding anything to the contrary in these Legal Notices, if you have a separate signed written agreement with a Provider that applies to your use of any of that Provider's Content, that agreement constitutes the entire agreement between you and that Provider with respect to the affected Content subject thereto (the "Otherwise Covered Content"), and these Legal Notices shall be treated as having no force or effect with respect to the Otherwise Covered Content.

Amie Morgan Photography Operate Solely in Monterey County, California (United States of America).

Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Web Site and business operates solely in Monterey County, California (United States of America). You are using the Internet as your own agent to access and use our Web Site from the local Internet point of presence (POP) here in Monterey, California and you are using the Internet as your agent to take delivery of any Documents, information or services in Monterey County, California. This means all operations, services, deliveries, performance and contacts of our business occur solely in Monterey County, California.

Amie Morgan Photography controls and operates this Web Site from its offices within the United States of America. Amie Morgan Photography makes no representation that materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Materials may not be used or exported in violation of U.S. export laws and regulations. Any claim relating to the materials will be governed by the substantive laws of the State of California, County of Monterey excluding its choice of law provisions.

PRIVACY: Your use of this Web Site is subject to Provider's PRIVACY POLICY.

 

faq index and info about your upcoming carmel wedding Return to the F.A.Q. INDEX