Dayton, Ohio Professional Photographer, Larry Davis

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Larry Davis Photography Terms of Use Statement


1. Services and Conditions of Use
Welcome to Larry Davis Photography online Service. As part of our service, Larry Davis Photography agrees to provide you with quality photographs, articles, resources and other computer services that Larry Davis Photography may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Larry Davis Photography may modify this Agreement at any time. You agree and continue to agree to use Larry Davis Photography Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Software Libraries and Copyrighted Materials
The downloading of copyrighted material is not allowed by Customers. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Larry Davis Photography and/or third-party content providers remain the owners of the posted materials, and that Customer can not acquire any of those ownership rights by downloading copyrighted materials. Downloading of said copyrighted materials and files, including photographs, resources, text, graphics, is strictly forbidden and will result in immediate termination of Customer's account at Larry Davis Photography.

3. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. LARRY DAVIS PHOTOGRAPHY SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROFOTOS ONLINE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, LARRY DAVIS PHOTOGRAPHY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT LARRY DAVIS PHOTOGRAPHY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER LARRY DAVIS PHOTOGRAPHY NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

4. Trademarks
Larry Davis Photography is a trademark of Larry Davis Photography. All other trademarks appearing on the Service are trademarks of their respective owners.

5. Notice
Larry Davis Photography may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in Larry Davis Photography account information, or by written communication sent by first class mail to a Customer's address on record in Larry Davis Photography account information. You may give notice to Larry Davis Photography (such notice shall be deemed given when received by Larry Davis Photography at any time by any of the following:
Electronic mail to info@larry-davis.com;
Letter telecopied to Larry Davis Photography at the following fax number: ;
Letter delivered by first class postage prepaid mail or courier to Larry Davis Photography at the following address:

Larry Davis Photography
31 Plymouth Ave
Johnstown, PA 15906 USA

6. Indemnification
Customer agrees to indemnify and hold Larry Davis Photography harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Larry Davis Photography harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

7. Termination Of Service
User may terminate this Agreement and User's right to use the Service by sending a cancellation email to info@larry-davis.com. Larry Davis Photography may terminate your account or access rights to this Service at any time, without notice, for conduct that Larry Davis Photography believes violates this Agreement or other policies or guidelines that Larry Davis Photography has posted on a Larry Davis Photography service. Larry Davis Photography may terminate your account or access rights to this Service for online conduct that Larry Davis Photography believes is harmful to other Customers, to Larry Davis Photography business, or to other information providers.

8. Choice Of Law
This Agreement shall be construed and controlled by the laws of the State of Ohio. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Ohio. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Ohio.

9. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Larry Davis Photography representatives and Customer. Larry Davis Photography may amend or modify this Agreement or impose new conditions at any time upon notice from Larry Davis Photography to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.

 
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