This is very important information. Please read entire message before using site.

TERMS AND CONDITIONS OF USE, AND PRIVACY POLICY FOR A.KAYE PHOTO WEB SITE

This is the tedious part you’ve seen a dozen times on various web sites. Unfortunately, this is also the price of doing business on the web. This contract was written by one of those well-groomed men in suits who carry briefcases and bill by the minute, but we’ve tried to make it a little more understandable. However, this is a binding, legal agreement so please read through this entire section carefully.

The following Terms and Conditions of Use, and Privacy Policy fully apply to the A.KAYE PHOTO web site.

TERMS AND CONDITIONS OF USE

The following terms and conditions govern your use of this A.KAYE PHOTO site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND A.KAYE PHOTO. ("A. KAYE, ALLAN KAYE OR A.KAYE PHOTO" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT (FOUND AT THE BOTTOM OF THIS PAGE) TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS OR CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK THE CANCEL BUTTON AT THE BOTTOM OF THIS PAGE TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE.

Ownership of This Web Site

This web site is owned and operated (at great energy, creativity and expense, might we add!) by A.KAYE PHOTO. All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, trademarks, trade names, domain names, nominatives, domain paths, emails, trade dress, advertisements, links and software and derivatives of all the foregoing (including proprietary material arising out of your use or copying of anything in or on the web site ("Content"), is owned by A.KAYE PHOTO, its licensors and its content providers. In other words, if it’s here, it’s ours.

All elements of A.KAYE PHOTO, including, but not limited to, the general design and the Content, are protected by and include copyright, rights of publicity, trade dress, moral rights, unfair competition restraints, trademark and all other laws relating to intellectual and other property rights ("IP"). Except as explicitly permitted under this or another separate, written agreement with A.KAYE PHOTO, no portion or element of this web site, IP or its Content may be copied, used, displayed, performed, shared, trespassed upon, framed, linked, posted, downloaded, uploaded, interfered with, thumbnailed, compiled, collected, published, distributed, exploited, reverse engineered, decompiled, recompiled, adapted, modified, used to impersonate another or another’s property, messaging or authorization or retransmitted ("Use") via any means. This web site, IP and its Content and all related intellectual and other property and neighboring rights shall remain the exclusive property of A.KAYE PHOTO or its licensors unless otherwise expressly agreed. YOU SHALL INDEMNIFY A.KAYE PHOTO, ITS SUBSIDIARIES, ITS AFFILIATES AND LICENSORS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS OF THIS AGREEMENT OR YOUR UNAUTHORIZED OR INFRINGING USE BY YOU OR ANOTHER TO WHICH YOU HAVE CONTRIBUTED OR FOR WHICH YOU ARE RESPONSIBLE OF THE CONTENT, IP AND RELATED RIGHTS.

PRIVACY POLICY

A.KAYE PHOTO respects everyone’s right to privacy. To protect ourselves, guests, and those we do business with, we utilize the following practices in regards to any information we are provided or obtain about users of this web site.

In order to fulfill licensing transactions or provide service to you as a customer of A.KAYE PHOTO, we may require you to provide us with certain information. Common items may include, but are not limited to, your name, address, phone number and credit card number.

By providing this information to A.KAYE PHOTO, you are agreeing that we may use this information to complete all transactions you request through this web site and to disclose that information and details of all such transactions to affiliates and any necessary payment processors. Because of the nature of the internet, such data may pass through any country.

We realize your time is valuable, that’s why we keep our mailings to a minimum. If you authorize us to send you promotional materials, we may do so using either the email or the mailing address you provided with your order. From time to time, we may notify you of special promotions, new products or services, or other information that may be of interest to you. We do not share any information you provide to us (this includes email and mailing addresses) with any companies outside A.KAYE PHOTO, affiliates, or necessary payment processors. Should you not wish to receive our updates, you can let us know by sending us an e-mail through this web site, or by phone or fax. We will not send you information if you inform us you do not wish to receive such materials.

If you need to revise, correct, or update the information provided to us, you can do so by sending us an e-mail through this web site, or by phone or fax.

If at any time you believe that A.KAYE PHOTO has not followed the above policy, or if you would like your information to be removed from our files, please send us your concerns through an e-mail or fax. We will make reasonable efforts to identify and correct any problems.

Now, here comes a long stretch of legalese. If it seems tedious to read now, think how much harder it will be to sit in a court and have a lawyer reading it to you at a cost of $250.00 an hour.

Disclaimers

THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND A.KAYE PHOTO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, DELIVERY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEB SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT A.KAYE PHOTO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, DATA OR INCOME LOSS OR CORRECTION DUE TO YOUR USE OF THIS WEB SITE.

EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY, OR ELSEWHERE ON THIS WEB SITE, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER A.KAYE PHOTO NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OWNERS, INVESTORS, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE, OR NONPERFORMANCE, OF THIS WEB SITE, IP OR THE CONTENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (EITHER IN TORT OR CONTRACT) AND WHETHER OR NOT ANY PARTY OR THIRD PARTY MAKES A CLAIM RESPECTING IP. A.KAYE PHOTO USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT'S ACCURACY, TITLE, CORRECTNESS, OR RELIABILITY. YOUR SOLE REMEDY FOR ANY BREACH BY US IS TO DISCONTINUE SERVICE, RETURN ALL MATERIALS TO US AND OBTAIN A REFUND OF THE PRIOR TWO YEARS’ FEES, IF ANY, PAID PURSUANT TO YOUR USE OF THIS WEB SITE, IP OR CONTENT. ANY TERMINATION OF OUR RELATIONSHIP WITH YOU SHALL NOT ELIMINATE A CONTINUING REQUIREMENT ON YOUR PARTY NOT TO INFRINGE ANY IP OR CONTENT AS WE HAVE OUTLINED ON THIS WEB SITE.

There may be links to other web sites from the A.KAYE PHOTO web site; however, these other web sites are not controlled by A.KAYE PHOTO and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. YOU WAIVE ANY AND ALL CLAIMS AGAINST A.KAYE PHOTO REGARDING THE INCLUSION OF LINKS TO OUTSIDE WEB SITES OR YOUR USE OF THOSE WEB SITES, AND INDEMNIFY US FROM CLAIMS ARISING OUT OF YOUR USE OF SAME. NO LICENSE IS GRANTED PURSUANT TO THIS CONTRACT OR YOUR USE OF THE WEB SITE EXCEPT AS SPECIFICALLY GRANTED HERE OR ELSEWHERE ON THE WEB SITE.

WE RESERVE THE RIGHT TO PREVENT YOU FROM FURTHER USE OF THE WEB SITE IF WE HAVE REASONABLE GROUNDS TO SUSPECT YOUR BREACH OF THIS CONTRACT OR VIOLATION OF THE RIGHTS OF OTHERS OR AGAINST THE LAW OR PUBLIC POLICY OR CUSTOMS IN THE COMMUNITY OF DECENCY ARISING FROM SUCH A BREACH.


Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Texas, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or manifestation of the UCITA. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Texas in that county or the Federal District Courts where Dallas, Texas is located (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, A.KAYE PHOTO shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of A.KAYE PHOTO, such action is necessary or desirable.

No action of A.KAYE PHOTO, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this web site without notice. THESE CONDITIONS SET OUT THE ENTIRE AGREEMENT BETWEEN A.KAYE AND YOU RELATING TO YOUR USE OF THIS WEB SITE.
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