1. OUR CONTROL OVER WEBSITE.
(a) We have the right, but not the obligation, to monitor the use of the Website and its content.
(b) We may, in our sole discretion, change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. If we do, the changes will take effect immediately and Your continued use of the Website constitutes acceptance of these changes. As a result, we recommend that you visit this page to review the current Agreement each time you visit the Website.
(c) We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.
(d) You may download, make copies of, or otherwise reproduce the content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that You maintain all copyright and other notices (including watermarks) contained in such content and do not otherwise modify that content. Copying, otherwise reproducing, or storing of any content other than for Your personal, noncommercial use is expressly prohibited without our prior written consent.
(e) Your purchase of a hard-copy of a photograph found on the Website is subject to the Terms of Purchase pertaining to the transaction. We make no representations or warranties with respect to the quality or accuracy of any purchases. No right, title or interest in any of the Website’s content is transferred to You as a result of using the Website. Also, you may not use any of our trademarks or trade dress in connection with any goods or services that do not belong to us, nor may they be used in any way that would disparage or damage our reputation.
3. SUBMITTING IDEAS TO US.
(a) If You forward or transmit to us through the Website, by electronic mail or otherwise, any photographs, drawings, text, suggestions and materials, including any questions or answers, ideas, comments, suggestions (the “Information”), such Information will be treated as non-confidential and non-proprietary. This does not apply to your personally identifiable information.
(b) Also, You give up all intellectual property rights, including any moral, publicity and privacy rights You have in the Information. We may use the Information, without limitation and without any compensation to You, for any purpose whatsoever, but we have no obligation to use the Information.
4. YOUR COVENANTS AND ACKNOWLEDGEMENTS.
(a) You agree that you will not:
(i) Upload, send or distribute through the Website any materials which are unlawful or infringing, or contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information.
(ii) Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website.
(iii) Link to the Website in any manner that would bypass the Website’s home page or “frame” the Website or any portion thereof.
(iv) Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the source of personal or financial information.
(b) You agree to:
(i) Protect unauthorized access to Your computer and accept responsibility for all activities that occur from Your computer or through Your account.
(ii) Comply with all local, state and federal laws and regulations.
(c) You acknowledge:
(i) Even though we carefully secure Your personal information, transmissions to and from this Website may be read or intercepted by third-parties.
(ii) We do not review, edit, modify, regulate or control the content of any sites that are linked to the Website we shall not be held responsible or liable for any third-party site.
5. DISCLAIMER AND LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WITH RESPECT TO THE WEBSITE ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU.
You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages and attorneys’ fees) arising from Your violation of the terms of this Agreement.
Please notify us at INFO@SUSANSCOVILL.COM. If we need to contact you, we will use the email address You provided to the us during Your use of the Website. For legal reasons, notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable.
(a) We may, with or without cause, immediately terminate this Agreement, and deny You access to the Website.
(b) We may also immediately terminate Your right to access the Website in the event that You breach this Agreement or engage in conduct that we, in our sole discretion, consider unacceptable. If this Agreement is terminated, You will no longer be authorized to access the Website.
(c) In the event of termination, the restrictions imposed on You with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive.
9. GOVERNING LAW.
(a) This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Sole and exclusive jurisdiction for any action related to this Agreement shall be in the federal or state courts located in Montgomery County, Pennsylvania.
(b) You agree that we may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
10. REMOVAL OF CONTENT
(a) If you wish to have a photograph removed, please contact us.
(b) If You believe that any material contained in this Website infringes Your copyright, You should notify us of Your copyright infringement claim as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Website’s Designated Agent who is:
453 Chandlee Drive
Berwyn, PA 19312
(c) To be effective, the notification must be in writing and contain the following information:
(i) Your physical or electronic signature
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are involved and are covered by a single notification, a representative list of such works
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
(iv) Information reasonably sufficient to us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, whether You or a third-party or its agent;
(vi) A statement, made under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
This Agreement constitutes the entire understanding between the us with respect to Your use of the Website. You may not assign this Agreement. If any provision of this Agreement shall be deemed 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 any remaining provisions.