| TERMS AND CONDITIONS
OF USE—GW HEADSHOTS WEBSITE
Your Agreement with GW Headshots:
Welcome to this GW Headshots website. Following are the terms and
conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU AND GW HEADSHOTS ("GW HEADSHOTS", "WE"
OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT")
IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD
ANY PRODUCT. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE
FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU
DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE
USING THE SITE.
Ownership of This Website
This website is owned and operated by Geoffrey Keller dba GW Headshots.
All of the content featured or displayed on this website, including,
but not limited to, text, graphics, photographs and images ("Content"),
is owned by GW Headshots.
All elements of the GW Headshots website, including, but not limited
to, the general design and the Content, are protected by trade dress,
copyright, moral rights, trademark and other laws relating to intellectual
property rights. Except as explicitly permitted under this or another
agreement with GW Headshots, no portion or element of this website
or its Content may be copied or retransmitted via any means and
this website, its Content and all related rights shall remain the
exclusive property of GW Headshots unless otherwise expressly agreed.
You shall indemnify GW Headshots and its content providers against
any losses, expenses, costs or damages incurred by any or all of
them as a result of your breach of the terms of this Agreement or
your unauthorized use of the Content and related rights.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND
GW HEADSHOTS EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE. GW HEADSHOTS WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS
WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
YOU, NOT GW HEADSHOTS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. USE OF THIS
WEBSITE IN NO WAY CONSTITUTES A PROMISE TO THE USER THAT PHOTOGRAPHIC
SERVICES WILL BE RENDERED.
Except as specifically stated in these Terms and Conditions of
Use or elsewhere on this website, or as otherwise required by applicable
law, neither GW Headshots nor its content providers 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 of this website or
the Content whether or not we have been advised of the possibility
of such damages.
GW Headshots 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, correctness or reliability.
There may be links to other websites from the GW Headshots website;
however, these other websites are not controlled by GW Headshots
and we are not responsible for any content contained on any such
website or any loss suffered by you in relation to your use of such
websites. You waive any and all claims against GW Headshots regarding
the inclusion of links to outside websites or your use of those
websites.
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 California, 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. Venue for all disputes arising under this Agreement
shall lie exclusively in the State of California in Los Angeles
County. Users of this website agree that any and all disputes arising
from the use of this website shall be settled by binding arbitration.
Notwithstanding the foregoing, however, GW Headshots 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 GW Headshots, such action is necessary or desirable.
No Waiver, Severability
No action of GW Headshots, 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. Should any clause of these Terms
and Conditions of Use 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,
prices, and any other information on this website without notice.
These conditions set out the entire agreement between GW Headshots
and you relating to your use of this website.
© 2002–2006 GW Headshots. All rights reserved.
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