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| Conditions of Use |
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Welcome to Robert Rhea Photography! We hope you enjoy your visit, and find that using our service is productive, easy and fun.
Before you begin setting up your account with Robert Rhea Photography (herein referred to as "we," "us," or "Robert Rhea Photography"), please read the following Terms of Use ("Terms") carefully. If you ("you") agree to these Terms, and wish to use the Robert Rhea Photography service ("Service"), please click on the "Sign Up" button. This will constitute a binding agreement between you and Robert Rhea Photography. To decline acceptance, click the "Cancel" button. Note that any violation of these Terms may result in termination of our Service to you.
Robert Rhea Photography reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.
1. Age requirements
You must be at least 18 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.
2. About your account
2a. Access to your account
Your account with Robert Rhea Photography is available for your personal, non-commercial use.
Linking directly to images on Robert Rhea Photography’s servers from external sites is expressly prohibited.
We need to be able to access your account for the following reasons:
* To maintain our Service to you and develop new and useful features and services;
* To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
* Robert Rhea Photography reserves the right to close accounts set up for fraudulent purposes.
2b. Account fee
There is no fee to open a Robert Rhea Photography account.
3. Canceling the service; discontinuing inactive accounts
Robert Rhea Photography reserves the right to cancel the Service or to discontinue accounts that have been inactive for more than 180 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account may be removed.
4. Third-party software
We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company.
This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using Our Service.
5. Third-party links
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.
6. Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
7. Privacy policy
When you create an account with Robert Rhea Photography, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.
8. U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
9. Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
10. Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of Tennessee, and hereby consent to jurisdiction and venue in the courts of the State of Tennessee.
11. Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
12. Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH ROBERT RHEA PHOTOGRAPHY’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROBERT RHEA PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Robert Rhea Photography MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Robert Rhea Photography MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH ROBERT RHEA PHOTOGRAPHY’S SITE OR ADVERTISED THROUGH ROBERT RHEA PHOTOGRAPHY’S SITE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ROBERT RHEA PHOTOGRAPHY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Robert Rhea Photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE SHUTTERFLY’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through Robert Rhea Photography are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
Robert Rhea Photography reserves the right to ship partial orders (at no additional cost to you).
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.
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