TERMS AND CONDITIONS
OF USE
J E ROBISON D/B/A ROBISONPHOTO.COM WEBSITE
Your Agreement
with J E Robison d/b/a RobisonPhoto.com:
Welcome to this J E Robison d/b/a RobisonPhoto.com 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 J E ROBISON D/B/A ROBISONPHOTO.COM ("J E ROBISON D/B/A
ROBISONPHOTO.COM" "WE" OR "OUR"). PLEASE
READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE
YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CHECKING
THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS
AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE
BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by J E Robison d/b/a RobisonPhoto.com
having physical offices located at 347 Page Boulevard, Springfield,
Massachusetts 01104. All of the content featured or displayed on this
website, including, but not limited to, text, graphics, photographs
images, moving images, sound, illustrations and software ("Content"),
is owned by J E Robison, its licensors and its content providers.
All elements of J E Robison d/b/a RobisonPhoto.com websites, including,
but not limited to, the general design and the Content, are protected
by trade dress, copyright, moral rights, trademark and other laws
relating to intellectual property rights. Except as explicitly permitted
under this or another agreement with J E Robison d/b/a RobisonPhoto.com,
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 J E Robison
d/b/a RobisonPhoto.com or its licensors unless otherwise expressly
agreed. You shall indemnify J E Robison d/b/a RobisonPhoto.com, 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.
Trademarks
"J E Robison d/b/a RobisonPhoto.com", "J E Robison",
"RobisonPhoto", "RobisonPhoto.com", and the J
E Robison d/b/a RobisonPhoto.com logo are trademarks of J E Robison
d/b/a RobisonPhoto.com and may be registered in some countries.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND J
E ROBISON D/B/A ROBISONPHOTO.COM 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. J E ROBISON D/B/A ROBISONPHOTO.COM
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 J E ROBISON D/B/A ROBISONPHOTO.COM, 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 J E Robison d/b/a RobisonPhoto.com nor its directors,
employees, licensors, content providers, affiliates 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. J E Robison d/b/a RobisonPhoto.com 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 J E Robison d/b/a RobisonPhoto.com website; however, these other
websites are not controlled by J E Robison d/b/a RobisonPhoto.com
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 J E Robison d/b/a RobisonPhoto.com
regarding the inclusion of links to outside websites or your use of
those websites. Some US states and foreign countries do not permit
the exclusion or limitation of implied warranties or liability for
certain categories of damages. Therefore, some or all of the limitations
above may not apply to you to the extent they are prohibited or superseded
by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the
laws of the Commonwealth of Massachusetts, 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 Commonwealth of
Massachusetts in Hampden County or the Federal District Courts of
the Western District of Massachsetts (as permitted by law) and each
party agrees not to contest the personal jurisdiction of these courts.
Notwithstanding the foregoing, however, J E Robison d/b/a RobisonPhoto.com
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 J E Robison d/b/a RobisonPhoto.com, such action is necessary or
desirable.
No Waiver, Severability
No action of J E Robison d/b/a RobisonPhoto.com, 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 J E Robison d/b/a RobisonPhoto.com
and you relating to your use of this website.
© Copyright
2000 J E Robison d/b/a RobisonPhoto.com All rights reserved. Terms
and Conditions of Use.