Ferrara Photography, Inc.
Legal Statement
All photos are
© Ferrara Photography, any unauthorized use is prohibited.
Ferrara Photography, Inc. welcomes you to
www.ferraraphoto.com.
We ask that you read the following terms of use, which constitutes a license
that covers your use of this website and any transactions that you engage in
through this website ("AGREEMENT"). By accessing, viewing, or using this
website, you acknowledge that you have read, understand, and agree with these
terms. If you do not wish to be bound by these terms, please do not use this
website.
USE OF SITE
This Web site is provided solely for the use of current and future customers of
Ferrara Photography, Inc. to provide you with information
about our company, to permit you to place orders for our products and services,
and to enable you to contact us with any questions or comments that you may
have. Any other use of this site is prohibited. By way of example, you should
not use any features of this site that permit communications or postings to
post, transmit, display, or otherwise communicate:
1. any defamatory, threatening, obscene, harassing, or otherwise unlawful
information;
2. any advertisement, solicitation, spam, chain letter, or other similar type of
information;
3. any encouragement of illegal activity;
4. unauthorized use or disclosure of private, personally identifiable
information of others; or
5. any materials subject to trademark, copyright, or other laws protecting any
materials or data of others in the absence of a valid license or other right to
do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs,
photographs, writings, graphs, data, and other materials ("Materials") are the
property of
Ferrara Photography, Inc. and are protected by
copyrights, trademarks, trade secrets, or other proprietary rights. Permission
is NOT granted to display, copy, distribute, download, or print portions of this
site solely for the purposes of using this site for the authorized uses
described above. Ferrara Photography, Inc. retains all copyright and other
proprietary notices on all copies of the Contents. You shall comply with all
copyright laws worldwide in your use of this Web site and prevent unauthorized
copying of the Contents. Except as provided in this Notice,
Ferrara
Photography, Inc. does not grant you any express or implied right in or
under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole risk. Neither
Ferrara Photography, Inc. its affiliates, nor any of their
officers, directors, employees, agents, third-party content providers, or
licensors (collectively, "Providers"), or the like, warrant that this site will
be uninterrupted or error-free; nor do they make any warranty as to the results
that may be obtained from the use of this site, or as to the accuracy,
completeness, reliability, security, or currency of the Materials. The Materials
may contain errors, omissions, inaccuracies, or outdated information. Further,
Ferrara Photography, Inc. does not warrant reliability of any
statement or other information displayed or distributed through the site.
Ferrara Photography, Inc. reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the site.
Ferrara Photography, Inc. may make any other changes to this
site, the Materials and the products, programs, services, or prices (if any)
described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED
ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS.
Ferrara
Photography, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION,
OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW,
Ferrara Photography, Inc. EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE
MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS
OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE
GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION,
QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME
JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH
JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT
Ferrara Photography, Inc. AND ITS PROVIDERS
SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF
OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR
INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT,
CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT
ACT, SHALL
Ferrara Photography, Inc. OR ANY OF ITS PROVIDERS BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR
CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED
TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS,
SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF,
OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS
AGREEMENT, REGARDLESS OF WHETHER
Ferrara Photography, Inc. OR
ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Ferrara Photography,
Inc., its affiliates, agents, employees, and licensors from and against
any and all claims and expenses, including reasonable attorney fees, arising out
of or related in any way to your use of the site, violation of this Agreement,
violation of any law or regulation, or violation of any proprietary or privacy
right.
TERM AND TERMINATION
Without limiting its other remedies,
Ferrara Photography, Inc.
may immediately discontinue, suspend, terminate, or block your and any user's
access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web sites operated
by other entities (collectively the "Linked Sites"). If you use any Linked
Sites, you will leave this site. If you decide to visit any Linked Site, you do
so at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. Linked Sites,
regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are
not maintained, controlled, or otherwise governed by
Ferrara
Photography, Inc. The content, accuracy, opinions expressed, and other
links provided by Linked Sites are not investigated, verified, monitored, or
endorsed by
Ferrara Photography, Inc. Ferrara
Photography, Inc. does not endorse, make any representations regarding
or warrant any information, goods, and/or services appearing and/or offered on
any Linked Site, other than linked information authored by
Ferrara
Photography, Inc. Links do not imply that
Ferrara Photography,
Inc. or this site sponsors, endorses, is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo, or copyright
symbol displayed in or accessible through the links, or that any Linked Site is
authorized to use any trademark, trade name, logo or copyright symbol of
Ferrara Photography, Inc. or any of its affiliates or subsidiaries.
Except for links to information authored by
Ferrara Photography, Inc.,
Ferrara Photography, Inc. is neither responsible for nor will
it be liable under any theory based upon (i) any Linked Site; (ii) any
information and/or content found on any Linked Site; or (iii) any site(s) linked
to or from any Linked Site. If you decide to visit any Linked Sites and/or
transact any business thereon, you do so at your own risk. Film Detroit reserves
the right to discontinue any Linked Site at any time without prior notice.
Please contact the Web masters of any Linked Sites concerning any information,
goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws
of the State of California, U.S.A., without reference to its conflicts of laws
provisions.
Ferrara Photography, Inc. makes no representation
that the materials are appropriate or available for use outside the United
States. If you access this site from outside the United States, you will be
responsible for compliance with all local laws. You agree to comply with all
laws and regulations applicable to your use of this site. You agree to submit to
the personal and exclusive jurisdiction of the state or federal courts located
within Oakland County, Michigan for any disputes with
Ferrara
Photography, Inc. arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between
Ferrara
Photography, Inc. and you with respect to this Web site, and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and
Ferrara Photography, Inc.
with respect to this Web site. A printed version of this Agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. If for any reason a
court of competent jurisdiction finds any provision of this Agreement or portion
thereof to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of this Agreement, and the
remainder of this Agreement shall continue in full force and effect. No waiver
by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the
revised Agreement. Any such modifications will become effective upon the date
they are first posted to this site. It is your responsibility to return to this
Agreement from time to time to review the most current terms and conditions.
Ferrara Photography, Inc. does not and will not assume any
obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit
through this Web site, including but not limited to any consent you give to
receive communications from
Ferrara Photography, Inc.t solely
through electronic transmission. You agree that when in the future access
www.ferraraphoto.com your agreement or consent will be legally binding and
enforceable and the legal equivalent of your handwritten signature.
All photos are ©Ferrara Photography any
unauthorthized use is prohibited.