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Please read this page carefully. By viewing the contents on the owenssportsphotos.com Web Site (the "Web Site"), you agree to be bound by these Terms, as revised by John Owens Photography (the "Company") from time to time. If you do not accept these Terms, do not use the Web Site.
The Company may revise these Terms at any time by updating this posting (but without any other notice). You should visit this page periodically to review these Terms for changes, because you are bound by them.
Section 1. Use of Material.
All material contained on the Web Site, including, but not limited to, photos, text, graphics, images, data, audio, video and "Software" (as defined below) (collectively, the "Materials"), are either owned by the Company and/or third-party licensors. The Company (and/or third-party licensors) retains all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Except for downloading one copy of the Materials on a single computer for your personal, noncommercial use, you may not print, sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way; provided, however, that your use of any Software may be subject to additional and/or superseding terms as described in the next paragraph.
Although you may own the medium on which the Software is recorded (e.g., your hard drive), the Company and/or third party licensors retain full and complete title to the Software and all intellectual property rights associated therewith. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. In addition, you agree to abide by any other terms that may apply to such Software, including any terms posted on the Web Site or any license agreement accompanying the Software. Your downloading and use of the Software is conditioned on your agreement to be bound by these Terms and any other terms that may apply to such Software.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company. You may not use any meta tags or any other similar hidden text utilizing the Company's name or trademarks.
If you violate any of this Section 1, your permission to use the Materials automatically terminates.
Section 2. Disclaimer of Warranties.
The Company and any other contributor to the Web Site expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the Web Site or the Materials. The Web Site and the Materials are for informational purposes only.
You understand and expressly agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. The Company makes no warranty or representation as to the security of any information you transmit to the Company.
The Web Site and the materials are provided on an as-is, as-available basis without any warranty of any kind, either express or implied. To the fullest extent permitted by law, the Company, its affiliates and its suppliers expressly disclaim all warranties, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for a particular purpose.
Section 3. Limitation of Liability.
In no event shall the Company, its affiliates or its suppliers be liable for any damages whatsoever (including, but not limited to, direct, indirect, incidental, consequential or exemplary damages, or any damages for loss of profits, use, data, goodwill or other intangibles) resulting or arising from the use or inability to use the Web Site or the Materials or relating to these terms, whether based on warranty, contract, tort (including, but not limited to, negligence), or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Section 4. Links to Other Sites.
The Web Site contains links to and from third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party Web sites. The Company is not responsible for the content or practices of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the practices of such sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 5. Indemnification.
You agree to defend, indemnify and hold harmless the Company and its affiliates and their respective officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses, including, but not limited to, reasonable legal and accounting fees, arising from your use of the Web Site or the Materials or your breach or violation of these Terms. The Company reserves the right to defend any such claim, and you agree to provide the Company with such reasonable cooperation as it may request.
Section 6. Privacy Notice.
Be sure to check the Privacy Policy to understand the Company's practices. The Privacy Policy is subject to these Terms.
Section 7. General.
The Web Site is based in Belmont, Massachusetts, U.S.A. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms will be governed by, subject to and construed in accordance with the internal laws of the State of Massachusetts, without regard to conflict of laws principles. You agree that any action arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in Middlesex County, Massachusetts, and you hereby consent to the jurisdiction, venue and convenience of such courts.
If any provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any provision of these Terms will be effective only if it is in writing signed by the Company. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. You may not assign any of your rights, obligations or privileges hereunder. These Terms will inure to the benefit of the Company's successors, assigns and licensees.
These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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