Last updated: March 22, 2016
The following Terms of Service along with our Privacy Policy govern your use of our website. If you visit or shop at www.jameshayden.com, you indicate that you are aware of and have agreed to our Terms and Policies. Please read them carefully before you continue to use our website. If you do not agree to be bound by these conditions, please exit our website.
1. Ownership of the website
This website (www.jameshayden.com) is owned and operated by James Hayden Photography. All of the photographs featured on our website were created by James Hayden who displays them online for sale and distribution. These images are protected by United States and international copyright law. All of the other content on our website, including without limitation, the graphics, design, and look and feel are owned either by James Hayden Photography or have been licensed to James Hayden Photography by a third party and thus are also protected by United States and international copyright and other intellectual property rights protection.
2. Your use of this website
This website may be used for the following purposes:
- To view the images provided as samples of our work.
- To learn about the services and products we offer.
- If authorized by us, to purchase the photographs featured on our website in the form of photographic prints, digital downloads, and other photographic products.
- To purchase the services we offer.
- To contact us with inquiries directly related to the services and products we offer (or have provided to you), our availability, pricing, and to report technical problems with our website such as nonfunctional links.
The website may NOT be used for any of the following purposes:
- You may not use this website to advertise, promote or communicate information about ANY products or services in a way that could be construed as “spam.” This includes user comments, the contact form, and any other method this website may provide for users to enter, store and display text.
- You may not reverse engineer, de-compile, or otherwise disassemble software on this website.
- You may not circumvent any measures employed by this website intended to prevent users from accessing or downloading images that they are not authorized to access or download.
3. Your use of our photographs
You may not reproduce, display, transmit, distribute or otherwise exploit images (in their entirety or any portion thereof) obtained from James Hayden Photography, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without our prior written consent. The images we provide to you are intended for your personal use only. Furthermore, you may not use or reproduce our photography in such a manner as to suggest an affiliation with or endorsement by any product, person or entity. You also agree not to modify, alter or otherwise manipulate any image without our prior written consent.
4. Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND JAMES HAYDEN PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. James Hayden Photography is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk. James Hayden Photography, and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the photographs.
5. Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or products, or any portion thereof, in any manner not authorized by James Hayden Photography, or if you otherwise infringe any intellectual property rights relating to the photographs, products or this website, you agree to indemnify and hold James Hayden Photography, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs or products and/or your breach of this terms of this Agreement. Your ability to access and use our services depends on your compliance with the following guidelines. We may revoke your privileges to use our service and take any other appropriate measures to enforce our guidelines if persistent violations are brought to our attention. Additional penalties for violations of the Terms of Use of this agreement may include, but are not limited to, providing information to law enforcement authorities and civil penalties.
6. Other Terms
This Agreement shall be governed by the laws of the State of Tennessee without giving effect to any principles of conflicts of law. James Hayden Photography reserves the right to make changes to this website, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these Terms of Use when you visit the site as they may change from time to time. James Hayden Photography’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.