Mitchell Faherty Photography

 

Arizona East Valley Photo & Video Services

 • NOTE: ALL RIGHTS TO PHOTOGRAPHIC IMAGES ON THIS WEBSITE ARE RESERVED. PLEASE CONTACT FAHERTY PHOTOGRAPHY

FOR PERMISSION PRIOR TO ANY USE WHATSOEVER. NO RIGHT TO COPY OR USE THE IMAGES IS GRANTED OR IMPLIED.

 

TERMS OF SERVICE

 

CONDITIONS ON USE OF WEBSITE

Faherty Photography makes this website (the “ Website”), including all photographs, images, download-able portfolios, graphics, moving images, text, sound, illustrations and software available through the Website (collectively, the “Content”), available for your review subject to the terms and conditions set forth in this document, and any changes to this document that Faherty Photography may publish from time to time (collectively, the “Terms of Use”) and further subject to the Privacy Statement on the Website.

 

OWNERSHIP; RESTRICTIONS

 This Website is owned and operated by Faherty Photography. All Content, is owned by Faherty Photography and/or certain third party content providers. All elements of this Website, 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 or portion thereof may be copied, reproduced, republished, uploaded, scanned, posted, transmitted, or distributed in any way, without Faherty Photography’s prior written permission, except that you may view the Content on any single computer monitor for review purposes only, provided you keep intact, without change all images and copyright, trademark and other proprietary notices.

 

Modification of the Content or use of the Content for any other purpose is a violation of Faherty Photography copyright, trademark, and/or other proprietary rights. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer, or create derivative works based on the Website, or the Content or their selection and arrangement. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

 

USE INDICATES CONSENT TO THESE TERMS

By accessing or using this Website in any way, including, without limitation, merely browsing the Website, you agree to and are bound by these Terms of Use and the Privacy Statement and any guidelines or rules posted on this Website. If you do not agree with such documents and terms of use, please do not use this Website.

 

RIGHT TO CHANGE TERMS OF USE

Faherty Photography reserves the right to change the Terms of Use and other guidelines or rules posted on the Website from time to time at its sole discretion. Your continued use of the Website, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Website at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates.

 

COOKIES

When you visit this Website, Faherty Photography reserves the right to place a text file called a "cookie" in the browser directory of your computer's hard drive. Which is a standard procedure for all websites and does not compile any personal information other than how you arrived to the Website and what pages you viewed while there. These cookies also make it easier for your computer to load the content faster when revisiting the site in the future.

 

A cookie is a small piece of information that a website can store on your web browser and later retrieve. Faherty Photography 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 Faherty Photography’s Privacy Statement, please do not use this Website.

 

INFORMATION SUBMITTED BY YOU DIRECTLY OR AS A RESULT OF YOUR USE

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Faherty Photography or others or as otherwise described in our Privacy Statement. YOU FURTHER ACKNOWLEDGE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, TRANSMITTED TO FAHERTY PHOTOGRAPHY BY YOU BY ANY MEANS WHATSOEVER MAY BE USED BY FAHERTY PHOTOGRAPHY FOR (AMONG OTHER THINGS) THE PURPOSE OF MONITORING, POLICING AND PROSECUTING CLAIMS FOR ANY SUSPECTED OR ACTUAL VIOLATION OF FAHERTY PHOTOGRAPHY’S COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY KIND. FAHERTY PHOTOGRAPHY MAY SHARE THIS INFORMATION WITH LEGAL COUNSEL, INVESTIGATORS, OTHER AGENTS, OR THIRD PARTIES.

 

DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND FAHERTY PHOTOGRAPHY AND ITS ASSIGNS AND DESIGNEES 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.

 

 • FAHERTY PHOTOGRAPHY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN THIS WEBSITE WILL BE UNINTERPRETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FAHERTY PHOTOGRAPHY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FAHERTY PHOTOGRAPHY) 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 IN WHOLE OR IN PART.

 

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to negligence, shall Faherty Photography be liable for any special or consequential damages that result from the use of, or the inability to use, the Content in this Website, or the Website, even if Faherty Photography or Faherty Photography’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 Faherty Photography’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 Website.

 

GOVERNING LAW AND JURISDICTION

This Website (excluding linked sites) is controlled by Faherty Photography from its offices within the state of Arizona, United States of America. By accessing this Website, you and Faherty Photography agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof. You and Faherty Photography also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Arizona with respect to such matters.

 

MISCELLANEOUS

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between Faherty Photography and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Faherty Photography to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

 

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