“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from GARY BARRAGAN PHOTOGRAPHY. All such Products are the intellectual property of and are owned by GARY BARRAGAN PHOTOGRAPHY.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of GARY BARRAGAN PHOTOGRAPHY’s Products immediately. Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
GARY BARRAGAN PHOTOGRAPHY is a resource through which you may obtain photography services, including but not limited to headshots, portraits and weddings, purchase edited images, purchase printed images, purchase gift vouchers for headshot, portrait and wedding photography and purchase photography education materials.
Links on the Site may be affiliate links controlled by parties other than GARY BARRAGAN PHOTOGRAPHY to help support the maintenance of the Site. GARY BARRAGAN PHOTOGRAPHY does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release GARY BARRAGAN PHOTOGRAPHY from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
GARY BARRAGAN PHOTOGRAPHY owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of GARY BARRAGAN PHOTOGRAPHY’s services, and; (d) any other intellectual property rights afforded to GARY BARRAGAN PHOTOGRAPHY, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, GARY BARRAGAN PHOTOGRAPHY does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon GARY BARRAGAN PHOTOGRAPHY’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. GARY BARRAGAN PHOTOGRAPHY will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted
Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products. Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. GARY BARRAGAN PHOTOGRAPHY is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and GARY BARRAGAN PHOTOGRAPHY will not reimburse you for such downloads.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. GARY BARRAGAN PHOTOGRAPHY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. GARY BARRAGAN PHOTOGRAPHY MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, GARY BARRAGAN PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO GARY BARRAGAN PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
User shall indemnify Gary Barragan Photography Assignee for, and hold the Assignee harmless from, any and all liability, claim of liability, or expense arising out of: (a) User’s use of the website materials or products, and (b) User’s unauthorized, illegal, or prohibited use of any of Gary Barragan Photography’s products, logos, images, trademarks, service marks, documents, photographs, or anything else obtained from or through the Site or provided directly to User by Gary Barragan Photography.
These Terms shall inure to the benefit of and be binding upon the parties and their respective heirs, administrators, legal representatives, successors and permitted assigns.
No determination by any court, governmental body, or otherwise that any provision of these Terms or any amendment hereof is invalid or unenforceable in any instance shall affect the validity or enforceability of (a) any other provision thereof, or (b) that provision in any circumstance not controlled by the determination. Each such provision shall be valid and enforceable to the fullest extent allowed by, and shall be construed wherever possible as being consistent with, applicable law. The headings used in these Terms are for convenience only, and these Terms shall be interpreted as if such headings were omitted.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the COMMONWEALTH OF KENTUCKY without regard to its conflict of law rules. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the LOUISVILLE, KY. GARY BARRAGAN PHOTOGRAPHY reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of GARY BARRAGAN PHOTOGRAPHY’s Products, Materials and services.
Any questions regarding the above Terms may be directed to INFO@GARYBARRAGAN.COM.
All rights reserved © Copyright 2018. GARY BARRAGAN PHOTOGRAPHY.