Terms & Conditions

In the following terms and conditions, "the photographer" shall mean Garrett Stroup, doing business as GES Who Photography, or any individuals associated with GES Who Photography. "The clients" shall be the person(s) researching, inquiring about, receiving, or having previously received photography services and/or products from the photographer. These terms and conditions cannot be varied in any way by the clients unless such conditions are expressly agreed to by the photographer in writing, and shall apply to any and all activities regarding this website.

 

Intellectual property rights and license

 

All intellectual property writes within this website or within the services provided by the photographer (including photos, text, graphics, logos, icons, sound recordings, etc.) are owned by or licensed to the photographer. Other than for purpose of, and subject to the conditions prescribed under US Copyright law and similar applicable legislation that is location-specific, and except as expressly authorized by this agreement, you may not in any form or by any means:

 

  • Use, adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website
  • Commercialize any information, product(s), or services, obtained from any part of this website

 

For requests for a waiver to the above intellectual property clauses, or to purchase any materials for use, you may contact the photographer to discuss any such requests.

 

Trademarks

 

If you use any of the photographer's trademarks in reference to our activities, product(s), or services, you must include a statement attributing the trademark to the photographer. You must not use any of our trademarks in, or as the whole or part of your own trademarks; in connection with activities, product(s), or services, which are not ours; in a manner which may be confusing, misleading, or deceptive; or in a manner that disparages us or our information, product(s) or services (including this website).

 

visitor material and conduct

 

You are prohibited from posting or transmitting to or from this website any material:

 

  • That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience
  • For which you have no obtained all necessary licenses and/or approvals
  • Which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the US or any other country in the world
  • Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data)

 

You may not misuse the website (including, without limitation, by hacking).

 

The photographer shall fully cooperate with any law enforcement authorities or court order requesting or directing the photographer to disclose the identify of, or locate anybody, transmitting any material in breach of these terms and conditions.

 

links to and from other websites

 

Links to third-party websites on this website are provided solely for your convenience. If you use these links, you leave this website. The photographer has not reviewed all of these third-party websites and does not control, nor is responsible, for these websites or their content or availability. The photographer, therefore, does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

 

If you would like to link to this website, you may only do so subject to the following conditions:

 

  • You do not remove, distort, or otherwise alter the size or appearance of the photographer's logo
  • You do not create a frame or any other browser or border environment around this website
  • You do not in any way imply that the photographer is endorsing any product(s) or services other than its own
  • You do not misrepresent your relationship with the photographer, nor present any other false information about the photographer
  • You do not otherwise use any trademarks displayed on this website without express written permission from the photographer
  • You do not link from a website that is not owned by you
  • Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations

 

The photographer reserves the right to revoke any rights granted in these terms and conditions, for breach of the above terms, and to take any action he deems appropriate.

 

You shall also fully indemnify the photographer for any loss or damage suffered by the photographer or any of its associate companies for breach of the above terms.

 

Privacy policy

 

Your privacy is very important to us. Users of our website should research and confirm agreement with the details laid out in the photographer's privacy policy.

 

disclaimer

 

While the photographer endeavors to ensure that the information on this website is correct, the photographer does not warrant the accuracy and completeness of the material on this website. The photographer may make changes to the material on this website, or to the product(s) and prices described in it, at any time without notice. The material on this website may be out of date, and the photographer makes no commitment to update such material.

 

Liability

 

The photographer, any other party (whether or not involved in creating, producing, maintaining, or delivering this website), and any of the photographer's officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party; including without limitation: any direct, indirect, punitive, or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract, or otherwise) in any way or connection with this website:

 

  • The provision of services via this website
  • The use, inability to use, or the results of use of this website
  • Any websites linked to this website or the material on such websites
  • Your downloading of any material from this website or any websites linked to this website
  • Viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing this website

 

Nothing in this legal notice shall excluse or limit the photographer's liability for:

 

  • Death or personal injury caused by negligence
  • Fraud
  • Misrepresentation on a fundamental scale
  • Any liability which cannot be excluded or liited under applicable law

 

If your use of material on this website results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.

 

Our liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising in connection with the performance or contemplate performance of this agreement, is strictly limited to the price paid for the services, and subject to any contracts signed by the clients and the photographer, if applicable.

 

termination of access

 

Access to this website may be terminated at any time by us, without notice. Our disclaimer will nevertheless survive any such termination.

 

Governing law and jurisdiction

 

This legal notice shall be governed by and construed in accordance with US law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the US court system.

 

General

 

The photographer accepts no liability for any failure to comply with this agreement, where such failure is due to circumstances beyond the photographer's reasonable control.

 

If the photographer waives any rights available to the photographer under this agreement on one occasion, that does not mean that those rights will automatically be waived on any other occasion.

 

If any of the terms of this agreement are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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