Michael Napier Photography
Web Site Terms of Service and Use
USE OF SERVICES IN ANY MANNER, INCLUDING MERELY BROWSING OR ACCESSING THIS MICHAEL NAPIER PHOTOGRAPHY WEB SITE, CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE THOROUGHLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ACCEPTING THEM.
IF YOU DO NOT ACCEPT THESE TERMS OF USE OR DO NOT WISH TO BE BOUND BY THEM, CEASE ACCESS AND USE OF THIS WEB SITE AND SERVICES IMMEDIATELY.
These Terms of Use comprise a legal agreement between you and Michael Napier Photography. Unless you have otherwise agreed in writing, the terms and conditions provided herein govern your access and use of Services offered from Michael Napier Photography Web sites whether used in connection with other products or services, or independent of them. Additional terms and conditions may apply (and will be presented to you) when accessing certain Services. Use of other Michael Napier Photography products or services is subject to the appropriate written agreement or click-through license provided, and are separate from these Terms of Use.
1. ACCEPTANCE OF TERMS OF USE
1.1 Acceptance.
By accessing this site, you agree to be bound by Terms of Use set forth in this document. As used in these Terms of Service, "Services" includes but is not limited to data; images, photographs, animations, video, audio, or music; text, scripts, or markup code; publicly available APIs or JavaScript libraries;documentation; or other information, electronic resource, or service provided on this Michael Napier Photography web site (either collectively and or individually).
1.2 Third-Party Content.
When using the Services, you may have the opportunity to leave the Michael Napier Photography web site in order to access and download additional content provided by third-parties, including software, data, and imagery, as more fully described in Article 4.3 herein. You acknowledge that third-party content is solely the responsibility of the third-party content provider. These Terms of Use do not convey to you any rights to access or use third-party content (including copying, distributing, creating derivative works from, or publicly displaying). Access and use of third-party content may require that you agree to different or separate terms, conditions, and restrictions. Agreeing to any such terms and conditions will be between you and the third-party content provider, and will not affect these Terms of Service or any separate agreements you may have with Michael Napier Photography.
1.3 Modifications to the Web Site or Terms of Use.
Michael Napier Photography reserves the right to change content provided in and access to Services at any time without notice to you. This may be done at the sole discretion of Michael Napier Photography, for any reason including but not limited to legal compliance, change in Michael Napier Photography policy, aesthetic or technology development, or internal business or legal considerations. Michael Napier Photography may also, from time to time, modify or replace these Terms of Use or Web Site Privacy Policy, which may affect your rights to use the Services provided. Modified or replaced Terms of Use or Web Site Privacy Policy will be made available to you on the Michael Napier Photography web sites where the Services are provided. You understand and agree that your accessing or use of Services after the modified or replaced Terms of Use or Web Site Privacy Policy is posted will signify your acceptance to those Terms of Use and Web Site Privacy Policy. You further understand that it is your responsibility to read the current Terms of Use or Web Site Privacy Policy— Michael Napier Photography will not contact you letting you know they have been modified or replaced.
2. OWNERSHIP, GRANT OF RIGHTS, AND USE RESTRICTIONS
2.1 Ownership.
The Services provided on Michael Napier Photography web sites and any content provided therein are provided to you subject to these Terms of Use. The Services may be freely available to you, but they are not in the public domain unless specified as such. Michael Napier Photography and third-party licensors own the Services (unless otherwise specified), which are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. These Terms of Use do not transfer any rights to redistribute, prepare derivative works from, or acquire ownership interest in Services.
2.2 Grant of Noncommercial Use of Services.
You may download, view, copy, and print Services available on Michael Napier Photography web sites solely for your own internal purposes, or for your own noncommercial external purposes unless otherwise specified. Services may not be reproduced or transmitted for commercial purposes, in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system now known or later developed, except as expressly permitted in writing by Michael Napier Photography. Proper attribution to Michael Napier Photography must be given for any use of the Services. For the purposes of this Article 2.2, "Noncommercial Use" means Your authorized use of the Services wherein you provide the Services to third parties at no charge, and that You and/or Your third party customers do not generate income, promote the generation of income, or any other means of commercial advantage or private financial gain from such use. Michael Napier Photography reserves the right to determine if Your use of Noncommercial Services qualifies as a no charge Noncommercial Use, or as a Commercial Use that requires a separate license and license fee. Michael Napier Photography may at any time, and at its sole discretion, change, alter, or discontinue the services provided to You or any third party customer accessing these free services.
2.3 Improper Use of Services.
Any rights not granted herein or otherwise agreed to in writing between you and Michael Napier Photography are prohibited. In particular, you may not (or attempt to) (a) access Services or resources not made available to you through a standard web browser or Michael Napier Photography products; (b) reverse-engineer, decompile, access, or hack Michael Napier Photography Services not made readily available to you (without consideration given to how reasonable the means used are to keep such secure); (c) use Services in such a manner as to adversely affect Michael Napier Photography's commercial interests; (d) alter, obstruct, or remove any proprietary rights notices provided with the Services; (e) manually or systematically harvest information contained within the Service; or (f) use Services for illegal, improper, or inappropriate purposes (including but not limited to defamation or harassment of others; distribution of obscene or indecent material; stalking; or distribution of content in violation of the proprietary rights of others). Any of the forgoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use.
2.4 Trademarks and Logos.
"Michael Napier Photography", their logo, and other marks used in these web sites are trademarks or registered trademarks of Michael Napier Photography. Other names appearing on this Michael Napier Photography web site may be trademarks or registered trademarks of their respective trademark owners. These marks may only be used where authorized Michael Napier Photography or permitted by law. Any use not authorized by Michael Napier Photography shall be considered a material breach of these Terms of Use. Additional information regarding Michael Napier Photography, Copyrights and Trademarks may be found online.
2.5 Third-Party Data and/or Imagery Licensing Terms and Use Restrictions.
Services provided Michael Napier Photography web sites may contain third-party data and/or imagery. Use of third-party data and/or imagery may be subject to such third party's License Agreement or additional use restrictions. You are responsible for compliance with all applicable third party license agreement(s). The third party license agreement(s) and any applicable use restrictions may be modified by Michael Napier Photography from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification to any third party license agreement, or use restrictions is unacceptable, you may cancel your access upon written notice to Michael Napier Photography or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.
2.6 Sharing of Your Content.
You hereby grant Michael Napier Photography a nonexclusive, irrevocable, royalty free, worldwide limited license (i) to use, store, cache, copy, reproduce, (re) distribute, and (re) transmit Your data and/or imagery that is made available to end users of Michael Napier Photography. Moreover, you grant all end users of Michael Napier Photography the right to access and use your data and/or imagery and map services subject to any of Your Terms of Use, License Agreements, or meta data file information that you will provide when Your data and/or imagery is accepted for use on the Michael Napier Photography web sites.
3. PRIVACY AND PERSONAL ACCOUNTS
3.1 Web Site Privacy Policy.
Michael Napier Photography may request certain information, configuration data, or personal information to access select Services or to provide support through this Web site. Michael Napier Photography will collect and use this information in accordance with our Web Site Privacy Policy. You agree to the use of this information in accordance with the Web Site Privacy Policy.
3.2 Passwords and Account Information.
Some parts of this Michael Napier Photography web site may require you to create and use a personal account to access the Services provided. You are responsible for maintaining the confidentiality of the password for your personal account and are fully responsible for all activities that occur under your personal account unless access to your account number, account name, or password was obtained through no fault or negligence of your own. You agree to the following:
3.2.1
You will provide truthful and accurate information at all times when using Services provided on Michael Napier Photography web sites;
3.2.2
You understand that using a false or incomplete name or e-mail address, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity will result in immediate removal of your personal account and termination of any rights provided herein;
3.2.3
You will use the Services for your individual use, and the account's name and e-mail address must be specific to you-personal accounts may not be shared with other users;
3.2.4
You understand that sharing account information or allowing others to access your account will result in removal of your personal account;
3.2.5 You will notify Michael Napier Photography of any unauthorized use of your password or account or any other breach of security as soon as you become aware of such use or breach
3.3 Termination of Personal Account.
Michael Napier Photography reserves the right to monitor use of Michael Napier Photography web sites. Michael Napier Photography reserves the right to suspend or cancel your account or access to Michael Napier Photography web sites at any time, or take any other appropriate measures in our legal capacity to enforce these Terms of Use. If you have your personal account removed from Michael Napier Photography Web sites for not following these Terms of Use, you may not be allowed to return or create a personal account in the future.
4. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 Exclusion of Warranties.
THE SERVICES PROVIDED ON THIS Michael Napier Photography WEB SITE ARE 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. IN PARTICULAR, YOU UNDERSTAND THAT Michael Napier Photography AND ITS AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE SERVICES PROVIDED IN THIS Michael Napier Photography WEB SITE WILL BE:
4.1.1
AVAILABLE TO YOU UNINTERRUPTED IN A SECURE FORM;
4.1.2
ACCURATE OR FREE FROM ERROR; OR
4.1.3
FIT TO USE IN YOUR APPLICATION, FOR YOUR PURPOSES, OR ACCORDING TO YOUR REQUIREMENTS OR NEEDS.
Michael Napier Photography IS UNDER NO OBLIGATION TO CORRECT ANY ERRORS OR INCONSISTENCIES IN THE SERVICES.
4.2 Limitation on Liability.
Michael Napier Photography SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR DECISION TO ACCESS AND USE ANY OF THE SERVICES PROVIDED ON THE Michael Napier Photography WEB SITE, EVEN IF Michael Napier Photography IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
4.3 Links to Third-Party Sites.
Some links on Michael Napier Photography web sites link to web sites owned and operated by third-parties. These web sites are not under Michael Napier Photography's control and Michael Napier Photography is not responsible for information (regardless of how it is transmitted or received) or services provided by third-party web sites. Any links to third-party web sites provided on Michael Napier Photography web sites do not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third-parties.
5. TERM AND TERMINATION
5.1 Term.
These Terms of Use shall continue to apply until terminated by you or Michael Napier Photography. Termination may only occur as provided in this section.
5.2 Termination by You.
You may terminate these Terms of Use by (a) sending a letter to the address provided herein, Attn: Contracts and Legal Services, expressing clearly in English your desire to terminate these Terms of Use ("Termination Letter") and (b) ceasing and discontinuing your use of all Services on or before sending the Termination Letter to Michael Napier Photography. Continued use of the Services after sending the Termination Letter constitutes your acceptance and agreement to these Terms of Use.
5.3 Termination by Michael Napier Photography.
Michael Napier Photography may terminate these Terms of Use if:
5.3.1
You have breached the terms and conditions provided in these Terms of Use through either your action or inaction;
5.3.2
You have breached an agreement you have with Michael Napier Photography relating to the use of Michael Napier Photography products or services;
5.3.3
Michael Napier Photography discontinues the Services on which these Terms of Use are based; or
5.3.4
Michael Napier Photography, at its sole discretion, believes that it is in Michael Napier Photography's best commercial interest to terminate these Terms of Use.
5.4 Effects of Termination.
Upon termination of these Terms of Use, all rights and obligations owed by the parties shall cease except for those set forth in Sections 2, 3, and 5. Those rights and obligations shall continue indefinitely.
6. EXPORT COMPLIANCE
You may not access, upload, download, use, or export Services provided on the Michael Napier Photography Web site in violation of U.S. Export Control laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available Services in violation of any such restrictions, laws, or regulations, or without all necessary approvals. Specifically prohibited is the use of any Services for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Services outside the United States. Neither the Services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in or under the control of, or are not a national or resident of any such country or on any such list.
7. GENERAL TERMS
7.1 No Implied Waivers.
The failure of either party to enforce any provision of these Terms of Use shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.
7.2 Severability.
The parties mutually agree that if any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.
7.3 Language.
You agree that the English language version of these Terms of Use shall govern their interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English language version.
7.4 Successor and Assigns.
You shall not assign or otherwise transfer your rights or delegate your duties under these Terms of Use without Michael Napier Photography's prior written consent. Any attempt to do so without Michael Napier Photography's consent shall be void.
7.5 Governing Law, Dispute Resolution.
The laws of the State of Texas govern your relationship with Michael Napier Photography under these Terms of Use and shall be construed according to those laws without regard to conflict of laws principles. The parties agree to attempt in good faith to negotiate any conflict arising under these Terms of Use. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Dallas County any and all disputes not resolved within 30 days of notice. Notice to Michael Napier Photography shall only be proper if made by certified mail at the address provided herein.
7.6 Equitable Relief.
You agree that your breach of these Terms of Use may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Michael Napier Photography shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief.
7.7 Government Users.
These Terms of Use strictly govern government users' use, reproduction, or disclosure of the Services, which are considered "commercial services." No other terms or conditions shall apply unless expressly agreed in writing between you and Michael Napier Photography. All rights to the Services are reserved under copyright laws of the United States.
7.8 Integration.
These Terms of Use constitute the sole and entire agreement between the parties relating to your use of the Services; supersede any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and, completely replace any existing agreements between the parties related to your use of the Service.
8. How to Reach Us.
Michael Napier Photography hopes that you find the Website fun and easy to use. Questions or comments regarding the Website, including any reports of non-functioning links, should be submitted using our e-mail address at michael@napierphotographie.com.
Michael Napier Photography Dallas,Texas USA michael@napierphotographie.com (214) 843.1781