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WEB SITE USER AGREEMENT These terms of use constitute a legal agreement between you and Andy Freeberg Photography, Inc. ("AFP"). If you do not agree to these terms, please do not use this site. This site is owned and operated by AFP. All of the contents featured or displayed on this site, including, but not limited to photographs, images, graphics, moving images, text, sound, illustrations and software ("Content"), are owned by AFP and/or its content providers. All elements of this site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and all other laws protecting intellectual property rights including contract law pursuant to this agreement. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without AFP's prior written permission, except that you may view the Content on any single computer monitor for your personal, non-commercial use only, provided you keep intact, without change all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of AFP's copyright and/or other proprietary rights. THE PHOTOGRAPHIC IMAGES ON THIS SITE ARE NOT ROYALTY-FREE. You agree to indemnify AFP and its affiliates against all losses, liabilities, expenses, costs or damages, including attorneys' fees 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. PRIVACY POLICY STATEMENT Andy Freeberg Photography, Inc. and its web server, host, assigns and designees ("AFP") utilize some or all of the following practices in regard to any information that AFP is provided or obtains about users of this website: YOU ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO AFP BY YOU MAY BE USED BY AFP FOR ANY PURPOSE, INCLUDING DISSEMINATION OR SALE OF SUCH INFORMATION TO THIRD PARTIES. IF YOU ACCESS ANOTHER NETWORK OR SITE THROUGH AFP, YOU MAY BE SUBJECT TO SUBSTANTIALLY DIFFERENT PRACTICES, INCLUDING PRACTICES THAT GOVERN YOUR PRIVATE EMAIL AND DISSEMINATION OF INFORMATION THAT MAY AFFECT YOUR PRIVACY. THE TRANSMISSION OF INFORMATION TO OR FROM THIS SITE MAY NOT BE SECURE. YOUR FURTHER ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO AFP BY YOU BY ANY MEANS WHATSOEVER MAY BE USED BY AFP FOR THE PURPOSE OF MONITORING, POLICING AND PROSECUTING CLAIMS FOR ANY SUSPECTED OR ACTUAL VIOLATION OF AFP'S COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY KIND. AFP MAY SHARE THIS INFORMATION WITH LEGAL COUNSEL, INVESTIGATORS, OTHER AGENTS, OR THIRD PARTIES. When you visit this site, AFP reserves the right to place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. AFP reserves the right to use cookies to examine your web-surfing behavior before or after leaving this website. If you do not agree with the terms of AFP's privacy policy statement, please do not use this site. If you have
any questions or comments concerning Terms of Use The terms of use set forth in the website user agreement constitute a legal agreement between you and Andy Freeberg Photography, Inc. ("AFP"). If you do not agree to the terms of use, please do not use this site. This site is owned and operated by AFP. All of the contents featured or displayed on this site, including, but not limited to photographs, images, graphics, moving images, text, sound, illustrations and software ("Content"), are owned by AFP and/or its content providers. All elements of this site, 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 including contract law pursuant to this agreement. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without AFP's prior written permission, except that you may view the Content on any single computer monitor for your personal, non-commercial use only, provided you keep intact, without change all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of AFP's copyright and/or other proprietary rights. THE PHOTOGRAPHIC IMAGES ON THIS SITE ARE NOT ROYALTY-FREE. You agree to indemnify AFP and its affiliates against all losses, liabilities, expenses, costs or damages, including attorneys' fees 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. Please carefully read the terms of the website user agreement in their entirety before you use this website. By clicking on the interactive portion at the end the agreement which states "I AGREE TO ALL OF THE TERMS STATED ABOVE." and by using this website, you agree to be bound by the terms and conditions of the website user agreement. ALSO, PLEASE CAREFULLY READ THE AFP PRIVACY POLICY STATEMENT AND LEGAL DISCLAIMERS AND NOTICES, IN THEIR ENTIRETY, BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THE PRIVACY POLICY STATEMENT, LEGAL DISCLAIMERS AND NOTICES, AND THE TERMS OF USE. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY STATEMENT, TERMS OF USE, OR LEGAL DISCLAIMERS AND NOTICES, PLEASE DO NOT USE THIS SITE. Legal Disclaimers and Notices DISCLAIMER: THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ANDY FREEBERG PHOTOGRAPHY, INC. AND ITS ASSIGNS AND DESIGNEES ("AFP") EXCLUDE 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. AFP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN THIS WEB SITE WILL BE UNINTERPRETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER MAKES IT AVAILABLE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. AFP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AFP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY OR MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY: Under no circumstances, including, but not limited to negligence, shall AFP be liable for any special or consequential damages that result from the use of, or the inability to use, the Content in this site, or the site, even if AFP or AFP's authorized representative have been advised of the possibility of such damages. Applicable law may or may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall AFP's total liability to you for all damages, losses, liabilities of any kind, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site. OTHER: This agreement and all matters arising out of or relating to this agreement including but not limited to the use of this site and/or any Content, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principals of conflicts of law. You agree to personal jurisdiction by the Federal and State Courts located in San Francisco County, California, United States of America. If any provision of this agreement and/or the terms of use of this site shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in a writing, signed by AFP.> AFPreserves the right to change the Privacy Policy Statement, Terms of Use, Legal Disclaimers and Notices, and all other matters related to this site, including the information and any contractual license terms that may be featured on this site, without notice.
U.S. COPYRIGHT OFFICE: http://lcweb.loc.gov/copyright © 2004 Andy Freeberg Photography, Inc. All Rights Reserved.
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