If any part of this Agreement is found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other terms of this Agreement shall remain in full force and effect. If RussHarrisPhotography.com chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of RussHarrisPhotography.com’s rights with respect to such a breach or any subsequent breaches of this Agreement. This Agreement shall be governed and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in California.
Access and use of Content
Unless noted otherwise, all materials on this Site including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of this Site (collectively, the “Contents”) are copyrighted property controlled and/or owned by RussHarrisPhotography.com, one of its affiliates, or by third parties who have authorized their materials for use on RussHarrisPhotography.com and are protected by U.S. and international copyright laws. U.S. and international copyright laws also protect the arrangement of the Contents of this Site and the method of presentation of these materials.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Contents, the Site, or any related materials, except that RussHarrisPhotography.com grants you non-transferrable, non-exclusive, limited permission to access content and display this website on your computer. This permission is on the condition that you do not modify the content on this website, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any content contained within this website.
Users are strictly prohibited from violating or attempting to violate the security of this website, including but not limited to:
(a) Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.
(b) Attempting to scan or test the vulnerability of the website or any system or network associated with the operation of RussHarrisPhotography.com without proper authorization.
(c) Attempting to interfere, without limitation, with service between the website and any user, with the secure operation of the website, or with the stability of the website via means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the website.
(d) Sending unsolicited email, including promotions and/or other advertising of products or services. Breaches or attempted breaches of our system or network security will result in prosecution and/or civil and criminal charges.
Image Hosting Service
The Image Hosting Service is provided as a convenience to clients and associates of RussHarrisPhotography.com. While we make every effort to ensure availability, stability and security of this service, RussHarrisPhotography.com does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. ProductPhotographty.com recommends that you make backup copies of all files contained within your account and that you only provide username and password information to associates to whom you would like to grant access to these files. You hereby understand and agree to hold RussHarrisPhotography.com harmless and defend RussHarrisPhotography.com against any claim resulting from the use of this service, including, but not limited to: Unavailability of the service, loss of data, corrupted data, inaccurate data, breach of account security, and damage or loss of data caused by using this service.
User Comments, Feedback, mail and Other Submissions
All comments, feedback, mail, suggestions, ideas, and other submissions disclosed, submitted or offered to RussHarrisPhotography.com in conjunction or related to your use of this Site shall be and remain the sole property of RussHarrisPhotography.com. Such a suggestion or submission of any other information constitutes an assignment to RussHarrisPhotography.com of all local, national, and international rights with respect to the information submitted. Thus, RussHarrisPhotography.com will exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise of any comments or information submitted. RussHarrisPhotography.com is and shall be under no obligation to:
(1) Keep any comments or correspondence in confidence.
(2) To pay the submitter any compensation or royalty for use of such comments.
(3) To respond to any comments.
You agree that any comment or information that you submit to RussHarrisPhotography.com does not violate any other entities rights including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that any information submitted by you to RussHarrisPhotography.com will be or contain libelous, or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for any comments or information you submit to RussHarrisPhotography.com.
You agree to defend, indemnify and hold RussHarrisPhotography.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Disclaimer of Warranty and Limitation of Liability
THIS SITE IS PROVIDED BY RussHarrisPhotography.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. RussHarrisPhotography.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ACCURACY OF THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. BY YOUR USE OF THE RussHarrisPhotography.com WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL RussHarrisPhotography.com BE HELD LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST CAPITAL, RELATING TO OR ARISING FROM THIS WEBSITE, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.