TERMS & CONDITIONS
- the legal stuff -
TERMS & CONDITIONS
LAST UPDATED: February 28, 2020
Website Terms & Conditions:
These terms and conditions (the “Terms and Conditions”) govern your access and use of https://amgphoto.com (the “Website”). The Website is operated by Annemarie Gruden PHOTOGRAPHY (“Business”, “we”, “us” or “our”)
As used herein, “you” and “your” refers to you, the person accessing the Website and accepting the Terms and Conditions. For the purposes of the Terms and Conditions, unless there is something in the subject matter or context inconsistent therewith; (i) words denoting the singular include the plural, and vice versa; and (ii) words denoting any gender include all genders.
We reserve the right in our sole discretion to update, change or replace any part of the Terms and Conditions by posting updates and/or changes to the Website. Any and all such modifications are effective immediately upon posting. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility and you agree to check this page periodically for changes.
The information and material on the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us.
2. Intellectual Property
Unless otherwise stated, the Business or its affiliates or licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved.
You may view and/or print pages from the Website for your own personal and non-commercial use subject to the Terms and Conditions. Unless otherwise stated, you shall not:
a. Republish material from the Website;
b. Sell, rent or sub-license material from the Website;
c. Reproduce, duplicate or copy material from the Website; or
d. Redistribute content from the Business or the Website.
Any use of the Website not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
3. Personal Information
4. User Comments
Certain parts of the Website may offer the opportunity for users to submit and exchange opinions, information, material and data (“Comments”). We do not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of the Business, its agents or affiliates. We shall not be responsible or liable for the Comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website.
You warrant and agree that:
a. you are entitled to post the Comments on the Website and have all necessary licenses and consents to do so;
b. the Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right;
c. the Comments do not contain any defamatory, libelous, offensive, harmful, threatening, abusive, harassing, hateful, sexually explicit or pornographic, violent, inflammatory, discriminatory, indecent or otherwise unlawful material or material which is an invasion of privacy;
d. the Comments will not be used to solicit or promote business, commercial activity or unlawful activity; and
e. the Comments shall not give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or the Terms and Conditions. We take no responsibility and assume no liability for any Comments posted by you or any third party.
You hereby grant to us and our licensees, successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute and otherwise to disclose to third parties the Comments in any form, medium or technology without compensation to you. None of the Comments that you submit to the Website will be subject to any confidentiality by the Business.
5. Prohibited Use
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulation, rule, law, or local ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
6. Third Party Links
For your convenience, third party links on the Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. If you choose to access any such third party sites, you do so at your own risk. You are subject to any terms and conditions of such third party sites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
7. Reservation of Rights
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We also reserve the right to amend the Terms and Conditions at any time. By continuing to link to our Website, you agree to be bound to and abide by the Terms and Conditions and any amendments thereto.
8. Limitation of Liability
In no case shall the Business, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether caused BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY webSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
You agree to indemnify, defend and hold harmless the Business and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your breach of the Terms and Conditions OR your use of the Website, including but not limited to, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in the Terms and Conditions.
10. Disclaimer of Warranties
You understand and expressly agree that your use of, or inability to use, the Website, its content and any services or items found or attained through the Website is at your own risk.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.
The Website, its content and any products and services found or attained through the Website (except as expressly stated by us) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
NEITHER THE BUSINESS NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, TIMELY, SECURE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security.
In the event that any provision of the Terms and Conditions is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Entire Agreement
The Terms and Conditions and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
13. Governing Law
The Website and the Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein.
14. Contact Information
If you have any questions regarding any of our terms, please contact us via email: [email protected] or phone: +1613.266.3021