TERMS OF SERVICE
THESE TERMS AND CONDITIONS OF SERVICE (“Terms”) ARE A LEGAL AND BINDING
AGREEMENT BETWEEN YOU AND SYLVAN MOON PHOTOGRAPHY (“SMP”) governing your
use
of this website, http://www.sylvanmoon.net ("Site"). Please review these terms fully before you
continue to use the Site. By using the Site, you agree to be bound by these Terms. You shall
also
be subject to any additional terms posted with respect to individual sections of the Site, which
also
govern your use of the Site.
If you do not agree to these Terms, you are directed to discontinue using and accessing the
Site.
SMP reserves the right to change these Terms at any time without prior notice. Your continued
access or use of the Site after such changes indicates your acceptance of the Terms as
changed.
It is your responsibility to review these Terms regularly. These Terms were last updated on
February 11, 2009.
The Site (including their operating source code) is owned by SMP. All of the content featured or
displayed on the Site, including, but not limited to, still images, text, pictorial works, video
images,
still images of video, graphic designs, audio recordings, multimedia combinations, and computer
applications and codes (“Content”) is owned or licensed by SMP.
Your access and use of the Site is at your risk. If you are dissatisfied with any of the Content
contained in the Site, with the quality of service, or with these Terms, your sole and exclusive
remedy is to discontinue accessing and using the Site.
Pursuant to the copyright and trademark laws of the United States, you agree:
That you may only download a single copy of any Content, to a single computer, for personal
and
non-commercial use.
Not to reproduce, distribute, modify, re-post on other websites or computer networks, or sell any
Content without the express written consent of SMP.
Not to transfer or store any Content residing or exchanged over the Site in any electronic
network
for use by more than one user.
To maintain any and all copyright or other proprietary notices embedded in (or attached to) any
Content.
Not to frame or mirror any portion of the Site on any other websites or computer networks.
Not to collect or use any information about other users of the Site.
Not to engage in data extraction or data-mining.
The Site (and all Content posted on the Site) is provided to you “as is” and without any
warranties.
You agree that you must evaluate and bear all risks associated with use of the Site, including
those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
SMP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT
NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You
agree
that SMP’s maximum liability arising from any use of the Site under any circumstances will be
limited to the greater of (A) the amount of fees you paid to SMP during the twelve-month period
immediately prior to the act (or omission) giving rise to the alleged liability, and (B) U.S. $100.00.
(Some states do not allow the exclusion or limitation of incidental or consequential damages, so
SMP’s limitation or exclusion may not apply to you.)
IN NO EVENT WILL SMP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER
REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES RELATED TO ANY CONTENT, OR ANY PRODUCT OR SERVICE SOLD ON OR
THROUGH THESE SITE.
The Site may provide links to other websites and resources. Because SMP has no control over
such sites and resources, you acknowledge and agree that SMP is not responsible for the
availability of such websites and resources, and does not endorse and is not responsible or
liable
for any content, advertising, products, or other materials on or available from such websites and
resources. You further acknowledge and agree that SMP shall not be responsible or liable for
any
damage or loss caused or alleged to be caused in connection with use of (or reliance on) any
such linked content, goods, or services available on (or through) any such linked website and
resource.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through
the
Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity
rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to
civil
liability. You agree not to post or transmit through the Site any material or text which constitutes
advertising or solicitation with respect to any product or service, unless expressly authorized in
writing by SMP to do so.
Conduct by any user that (in the sole judgment of SMP) restricts or inhibits any other user from
using or enjoying the Site will not be permitted. SMP reserves the right (in its sole discretion) to
refuse access to the Site to any user for any reason (including a belief that the user in question
has violated these Terms or any of the copyright or trademark laws of the United States).
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SMP RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED
BY LAW.
You agree to indemnify, defend, and hold harmless SMP and its shareholders, officers,
directors,
employees, agents, and representatives from and against all losses, expenses, damages, and
costs (including attorneys’ fees) resulting from any violation of these Terms. SMP reserves the
right to assume, at its sole expense, the exclusive defense and control of any matter subject to
indemnification by you. In such event, you will fully cooperate with SMP in asserting any
available
defenses.
Any and all disputes (with the exception of copyright claims) arising out of, under, or in
connection
with these Terms (including without limitation, their validity, interpretation, performance, or
breach)
shall adjudicated exclusively in the federal or state courts. This agreement, its validity and
effect,
shall be interpreted under and governed by the laws of Arizona, without regard to its conflict of
laws
provisions. Copyright claims shall be brought in a federal court. You expressly consent to the
jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens.
You
agree to reimburse SMP for its legal fees and expenses of instituting (or defending) a lawsuit
against (or by) you.
These Terms (and any other operating rules or terms posted on the Site) constitute the entire
agreement between SMP and you, and supersede all previous written or oral agreements
between us. No action (or inaction) by SMP may be construed as a waiver of these Terms (or
any
part). If any of the provisions of these Terms are held to be unenforceable by a court having
competent jurisdiction, the remainder of these Terms will continue in full force and effect.
Your access to and use of the Site, all Content, and all products and services of SMP
(regardless
of media) is subject to the terms, conditions, and disclaimers set forth below and from time to
time throughout the Site, and to all applicable laws and regulations. In addition, SMP reserves
the
right to terminate access to the Site for any reason, and to take any other actions that SMP, in
its
sole discretion, believes to be in its interests and those of its users. SMP reserves the right to
modify these disclaimers, terms, and conditions of access, without advance notice.
By your acceptance of these Terms and use of the Site, and as a material condition of such
use,
you warrant that you are over the age of eighteen and that you have provided accurate and
complete information in any communication with SMP.
SMP and the Site, and all Content contained on the Site, are protected by United States
trademark
and copyright law and other applicable laws, and are the property of SMP (except as expressly
identified on the Site). All copyrights and trademarks not the property of SMP that are used (or
referred to) in the Site are the property of their owners. Nothing contained in the Site shall be
construed as granting any license or other rights to any copyright, trademark, patent, or other
property of SMP or any third party, whether by implication, laches, estoppel, or explicit grant.
The
Content is proprietary. Any unauthorized use of Content or other materials on the Site may
violate
the law, and will be a violation of these Terms.
You are solely responsible for any and all acts and omissions that occur during (or relating to)
your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal
(as
determined by SMP in its sole discretion). Specifically, you agree not to:
Post or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations,
pyramid schemes, investment opportunities, or other unsolicited commercial communication.
Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly
offensive,
vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any
unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright,
trademark, patent, trade secret or other right of any person, including SMP.
Post or transmit any non-public information about companies.
Create a false identity or otherwise attempt to mislead any person as to the identity or origin of
any
communication.
Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to
provide
information designed to manipulate any equity or security or market.
Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the
Site
or any other computer network.
Print (or otherwise copy or use) any personally identifiable information about other users of the
Site.
Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items
of a destructive nature or any other malicious code or program.
Express or imply that any statements you make are endorsed by SMP.
Restrict or inhibit any other user from using or accessing the Site, including "hacking" or
defacing
any portion of the Site.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any
portion of the Site.
Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
Engage in any other activity deemed by SMP (in its sole discretion) to be in conflict with the
spirit or
intent of these Terms.
You understand that by accessing and using the Site, you may be exposed to Content that may
offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content
by
discontinuing your access and use.
The Site may provide links to other web pages, web sites, and various resources or locations on
the Internet. SMP has no control over the information you access via such links, does not
endorse
that information, and is not to be responsible for it or for the consequences of your use of that
information.
By using the Site, you consent to the collection and use of your information by SMP as
described in
these Terms.
Although SMP strives to protect the personal information and privacy of each user, SMP cannot
guarantee the security of any information you disclose online, and you do so at your own risk.
You
acknowledge that you are aware of security and privacy limitations including but not limited to:
(1)
the global accessibility of World Wide Web sites on the Internet; (2) the limitation of security,
privacy, and authentication measures and features in this Site; and (3) the risk that data or
information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming,
“impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing,
hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing
unauthorized, damaging, or harmful access and/or retrieval of information and data on your
computer, may be subject to other security or privacy hazards, may not reach its destination, or
may reach an erroneous address or recipient.
SMP is committed to the safety of children and to protecting the online privacy of children.
Children
under 18 may not purchase products on this Site. If a child under 18 nonetheless elects to
purchase products on the Site, he (or she) should always ask a parent for permission before
sending any personal or credit card information to the Site, or sending personal information to
anyone online. SMP will not request or knowingly collect from a child any personal information
about the child or child’s family. SMP is not able to prohibit minors from visiting this Site. SMP
relies on parents, guardians, and those responsible for supervising children under the age of 18
to decide whether this Site is appropriate for children to view.
SMP fully cooperates with law enforcement agencies in identifying those who use our services
for
illegal activities. SMP reserves the right to release information about users who SMP believes
are
in violation of these Terms. SMP also reserves the right to report to law enforcement agencies
any
activities that SMP believes to be unlawful.
Copyright © 2009 Sylvan Moon Photography. All materials contained in (and on) the Site
(including
but not limited to the Content), are copyrighted materials belonging exclusively to SMP, and are
protected by federal copyright law and international treaties. SMP enforces its copyright
interests to
the fullest extent permitted under the law. All rights are reserved.
THESE TERMS AND CONDITIONS OF SERVICE (“Terms”) ARE A LEGAL AND BINDING
AGREEMENT BETWEEN YOU AND SYLVAN MOON PHOTOGRAPHY (“SMP”) governing your
use
of this website, http://www.sylvanmoon.net ("Site"). Please review these terms fully before you
continue to use the Site. By using the Site, you agree to be bound by these Terms. You shall
also
be subject to any additional terms posted with respect to individual sections of the Site, which
also
govern your use of the Site.
If you do not agree to these Terms, you are directed to discontinue using and accessing the
Site.
SMP reserves the right to change these Terms at any time without prior notice. Your continued
access or use of the Site after such changes indicates your acceptance of the Terms as
changed.
It is your responsibility to review these Terms regularly. These Terms were last updated on
February 11, 2009.
The Site (including their operating source code) is owned by SMP. All of the content featured or
displayed on the Site, including, but not limited to, still images, text, pictorial works, video
images,
still images of video, graphic designs, audio recordings, multimedia combinations, and computer
applications and codes (“Content”) is owned or licensed by SMP.
Your access and use of the Site is at your risk. If you are dissatisfied with any of the Content
contained in the Site, with the quality of service, or with these Terms, your sole and exclusive
remedy is to discontinue accessing and using the Site.
Pursuant to the copyright and trademark laws of the United States, you agree:
That you may only download a single copy of any Content, to a single computer, for personal
and
non-commercial use.
Not to reproduce, distribute, modify, re-post on other websites or computer networks, or sell any
Content without the express written consent of SMP.
Not to transfer or store any Content residing or exchanged over the Site in any electronic
network
for use by more than one user.
To maintain any and all copyright or other proprietary notices embedded in (or attached to) any
Content.
Not to frame or mirror any portion of the Site on any other websites or computer networks.
Not to collect or use any information about other users of the Site.
Not to engage in data extraction or data-mining.
The Site (and all Content posted on the Site) is provided to you “as is” and without any
warranties.
You agree that you must evaluate and bear all risks associated with use of the Site, including
those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
SMP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT
NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You
agree
that SMP’s maximum liability arising from any use of the Site under any circumstances will be
limited to the greater of (A) the amount of fees you paid to SMP during the twelve-month period
immediately prior to the act (or omission) giving rise to the alleged liability, and (B) U.S. $100.00.
(Some states do not allow the exclusion or limitation of incidental or consequential damages, so
SMP’s limitation or exclusion may not apply to you.)
IN NO EVENT WILL SMP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER
REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES RELATED TO ANY CONTENT, OR ANY PRODUCT OR SERVICE SOLD ON OR
THROUGH THESE SITE.
The Site may provide links to other websites and resources. Because SMP has no control over
such sites and resources, you acknowledge and agree that SMP is not responsible for the
availability of such websites and resources, and does not endorse and is not responsible or
liable
for any content, advertising, products, or other materials on or available from such websites and
resources. You further acknowledge and agree that SMP shall not be responsible or liable for
any
damage or loss caused or alleged to be caused in connection with use of (or reliance on) any
such linked content, goods, or services available on (or through) any such linked website and
resource.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through
the
Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity
rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to
civil
liability. You agree not to post or transmit through the Site any material or text which constitutes
advertising or solicitation with respect to any product or service, unless expressly authorized in
writing by SMP to do so.
Conduct by any user that (in the sole judgment of SMP) restricts or inhibits any other user from
using or enjoying the Site will not be permitted. SMP reserves the right (in its sole discretion) to
refuse access to the Site to any user for any reason (including a belief that the user in question
has violated these Terms or any of the copyright or trademark laws of the United States).
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SMP RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED
BY LAW.
You agree to indemnify, defend, and hold harmless SMP and its shareholders, officers,
directors,
employees, agents, and representatives from and against all losses, expenses, damages, and
costs (including attorneys’ fees) resulting from any violation of these Terms. SMP reserves the
right to assume, at its sole expense, the exclusive defense and control of any matter subject to
indemnification by you. In such event, you will fully cooperate with SMP in asserting any
available
defenses.
Any and all disputes (with the exception of copyright claims) arising out of, under, or in
connection
with these Terms (including without limitation, their validity, interpretation, performance, or
breach)
shall adjudicated exclusively in the federal or state courts. This agreement, its validity and
effect,
shall be interpreted under and governed by the laws of Arizona, without regard to its conflict of
laws
provisions. Copyright claims shall be brought in a federal court. You expressly consent to the
jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens.
You
agree to reimburse SMP for its legal fees and expenses of instituting (or defending) a lawsuit
against (or by) you.
These Terms (and any other operating rules or terms posted on the Site) constitute the entire
agreement between SMP and you, and supersede all previous written or oral agreements
between us. No action (or inaction) by SMP may be construed as a waiver of these Terms (or
any
part). If any of the provisions of these Terms are held to be unenforceable by a court having
competent jurisdiction, the remainder of these Terms will continue in full force and effect.
Your access to and use of the Site, all Content, and all products and services of SMP
(regardless
of media) is subject to the terms, conditions, and disclaimers set forth below and from time to
time throughout the Site, and to all applicable laws and regulations. In addition, SMP reserves
the
right to terminate access to the Site for any reason, and to take any other actions that SMP, in
its
sole discretion, believes to be in its interests and those of its users. SMP reserves the right to
modify these disclaimers, terms, and conditions of access, without advance notice.
By your acceptance of these Terms and use of the Site, and as a material condition of such
use,
you warrant that you are over the age of eighteen and that you have provided accurate and
complete information in any communication with SMP.
SMP and the Site, and all Content contained on the Site, are protected by United States
trademark
and copyright law and other applicable laws, and are the property of SMP (except as expressly
identified on the Site). All copyrights and trademarks not the property of SMP that are used (or
referred to) in the Site are the property of their owners. Nothing contained in the Site shall be
construed as granting any license or other rights to any copyright, trademark, patent, or other
property of SMP or any third party, whether by implication, laches, estoppel, or explicit grant.
The
Content is proprietary. Any unauthorized use of Content or other materials on the Site may
violate
the law, and will be a violation of these Terms.
You are solely responsible for any and all acts and omissions that occur during (or relating to)
your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal
(as
determined by SMP in its sole discretion). Specifically, you agree not to:
Post or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations,
pyramid schemes, investment opportunities, or other unsolicited commercial communication.
Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly
offensive,
vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any
unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright,
trademark, patent, trade secret or other right of any person, including SMP.
Post or transmit any non-public information about companies.
Create a false identity or otherwise attempt to mislead any person as to the identity or origin of
any
communication.
Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to
provide
information designed to manipulate any equity or security or market.
Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the
Site
or any other computer network.
Print (or otherwise copy or use) any personally identifiable information about other users of the
Site.
Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items
of a destructive nature or any other malicious code or program.
Express or imply that any statements you make are endorsed by SMP.
Restrict or inhibit any other user from using or accessing the Site, including "hacking" or
defacing
any portion of the Site.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any
portion of the Site.
Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
Engage in any other activity deemed by SMP (in its sole discretion) to be in conflict with the
spirit or
intent of these Terms.
You understand that by accessing and using the Site, you may be exposed to Content that may
offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content
by
discontinuing your access and use.
The Site may provide links to other web pages, web sites, and various resources or locations on
the Internet. SMP has no control over the information you access via such links, does not
endorse
that information, and is not to be responsible for it or for the consequences of your use of that
information.
By using the Site, you consent to the collection and use of your information by SMP as
described in
these Terms.
Although SMP strives to protect the personal information and privacy of each user, SMP cannot
guarantee the security of any information you disclose online, and you do so at your own risk.
You
acknowledge that you are aware of security and privacy limitations including but not limited to:
(1)
the global accessibility of World Wide Web sites on the Internet; (2) the limitation of security,
privacy, and authentication measures and features in this Site; and (3) the risk that data or
information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming,
“impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing,
hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing
unauthorized, damaging, or harmful access and/or retrieval of information and data on your
computer, may be subject to other security or privacy hazards, may not reach its destination, or
may reach an erroneous address or recipient.
SMP is committed to the safety of children and to protecting the online privacy of children.
Children
under 18 may not purchase products on this Site. If a child under 18 nonetheless elects to
purchase products on the Site, he (or she) should always ask a parent for permission before
sending any personal or credit card information to the Site, or sending personal information to
anyone online. SMP will not request or knowingly collect from a child any personal information
about the child or child’s family. SMP is not able to prohibit minors from visiting this Site. SMP
relies on parents, guardians, and those responsible for supervising children under the age of 18
to decide whether this Site is appropriate for children to view.
SMP fully cooperates with law enforcement agencies in identifying those who use our services
for
illegal activities. SMP reserves the right to release information about users who SMP believes
are
in violation of these Terms. SMP also reserves the right to report to law enforcement agencies
any
activities that SMP believes to be unlawful.
Copyright © 2009 Sylvan Moon Photography. All materials contained in (and on) the Site
(including
but not limited to the Content), are copyrighted materials belonging exclusively to SMP, and are
protected by federal copyright law and international treaties. SMP enforces its copyright
interests to
the fullest extent permitted under the law. All rights are reserved.
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