Terms and Conditions for All the Moments Website

  1. Introduction
  2. These Terms and Conditions govern the use of the photography website (the "Website") operated by [insert company name] ("us", "we", or "our").
  3. By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, do not access or use the Website.
  4. Intellectual Property
  5. The Website and all of its original content, features, and functionality are owned by All the Moments and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  6. Use License
  7. Permission is granted to temporarily download one copy of the materials (information or software) on our website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  8. modify or copy the materials.
  9. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  10. attempt to decompile or reverse engineer any software contained on our Website.
  11. remove any copyright or other proprietary notations from the materials; or
  12. transfer the materials to another person or "mirror" the materials on any other server.
  13. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  14. Disclaimer
  15. The materials on our website are provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our website or otherwise relating to such materials or on any sites linked to our website.
  16. Limitations
  17. In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Website, even if we have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  18. Revisions and Errata
  19. The materials appearing on our website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our website are accurate, complete, or current. We may make changes to the materials contained on our website at any time without notice. We do not, however, make any commitment to update the materials.
  20. Links
  21. We have not reviewed all of the sites linked to our website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.
  22. Modifications
  23. We may revise these terms of use for our website at any time without notice. By using our website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
  24. Governing Law
  25. Any claim relating to our Website shall be governed by the laws of TEXAS without regard to its conflict of law provisions.
  26. Dispute Resolution
  27. Any dispute arising out of or in connection with these Terms and Conditions, including any questions regarding their validity, interpretation or enforceability, shall be resolved through mediation in accordance with the rules of TEXAS ASSOCIATION OF MEDIATORS.
  28. In the event that mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the laws of TEXAS and conducted by a single arbitrator appointed by Texas Arbitrators. The decision of the arbitrator shall be final and binding on both parties.
  29. Limitation of Liability
  30. In no event shall our directors, officers, employees, agents, contractors, suppliers or licensors be liable for any damages (including without limitation lost profits, loss of data or business interruption) arising out of the use or inability to use our Website, even if we have been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties and/or limitations of liability for incidental or consequential damages, so these limitations may not apply to you.
  31. Indemnification
  32. You agree to indemnify and hold harmless our directors, officers, employees, agents, contractors, suppliers and licensors from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with your use of our Website or your violation of these Terms and Conditions.
  33. Waiver and Severability
  34. Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  35. Entire Agreement
  36. These Terms and Conditions constitute the entire agreement between you and All the Moments regarding the use of our website.
  37. Changes to Terms and Conditions
  38. All the Moments reserves the right, in its sole discretion, to change these Terms and Conditions at any time. Your continued use of our website after such changes constitutes your acceptance of the new Terms and Conditions.
  39. Limitation of Liability
  40. In no event shall All the Moments, nor its directors, officers, employees, agents, contractors, suppliers and licensors be liable for any indirect, incidental, special or consequential damages arising out of or in connection with your use of our website. This includes, but is not limited to, any loss of profits, revenue, data or other intangible losses arising from your use of the website or your inability to access or use it.
  41. All the Moments does not assume responsibility for any errors or omissions in the content provided on our website. We reserve the right to make changes to the content at any time without notice.
  42. Indemnification
  43. You agree to indemnify and hold harmless All the Moments, its directors, officers, employees, agents, contractors, suppliers and licensors from and against any claims, actions or demands arising out of your use of our website or your violation of these Terms and Conditions.
  44. Enforcement
  45. Any failure by All the Moments to enforce these Terms and Conditions, for whatever reason, shall not be construed as a waiver of our right to do so in the future.