Terms of Use

Introduction
These general terms and conditions of use ("Terms of Use") govern your use of this website (www.michaelfarmerphotography.com) (the "Site"). Your use and ability to register for use of this website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This website is owned and operated by Michael Farmer Photography, LLC and its subsidiaries and affiliates (collectively "Michael Farmer Photography, LLC"). Michael Farmer Photography, LLC may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

This Site presents information, content, products and services (collectively, "Content") that is owned exclusively or licensed by Michael Farmer Photography, LLC. When used in these Terms of Use, "we" and "our" mean Michael Farmer Photography, LLC and "you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this website.

Additional Terms
Michael Farmer Photography, LLC offers the ability to access and use certain Content, for purchase, licensing, subscription or other payment-based arrangement through portions of this Site and other Michael Farmer Photography, LLC websites. We may have established or will establish additional or different terms and conditions for such other Content, products and services. You agree to review all applicable additional or different terms and conditions relating to Michael Farmer Photography, LLC products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control.

Your Responsibility to Protect Your Account
When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless Michael Farmer Photography, LLC for losses incurred by Michael Farmer Photography, LLC or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Your Responsibility for Security
Michael Farmer Photography, LLC assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

Ownership and Use of Content
All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered ("Intellectual Property Rights"), are owned exclusively or licensed by Michael Farmer Photography, LLC. The Content is protected worldwide by applicable intellectual property laws. You may not duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. All rights in Content are reserved.

Links
This Site may contain links to third-party websites. Michael Farmer Photography, LLC does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Michael Farmer Photography, LLC is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, Michael Farmer Photography, LLC does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.

Availability
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.

Commerce and Products
The sale of all products through www.MichaelFarmerPhotography.com are final. Michael Farmer Photography, LLC is a green company, and will use as little packaging as possible when shipping your order. Please keep your emailed receipt for your records. Please allow 3-4 weeks delivery for prints. If you have ordered an album or cards, our designer will be in contact shortly.

Michael Farmer Photography, LLC takes great care with respect to the exposure, processing, and delivery of photographs. The user understands that photographs may fade or discolor over time due to the inherent qualities of dyes, inks, and materials and agrees to release Michael Farmer Photography, LLC and/or photographers from any liability for any claims based upon such fading or discoloration. Prints made at different times, from different cameras, or from digital media vs. film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing Michael Farmer Photography, LLC’s name and copyright information. All print sizes are nominal sizes, not exact measure.

Changes
Michael Farmer Photography, LLC reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Governing Law
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Limitation of Liability
MICHAEL FARMER PHOTOGRAPHY, LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MICHAEL FARMER PHOTOGRAPHY, LLC IS TO DISCONTINUE YOUR USE OF THE SITE. MICHAEL FARMER PHOTOGRAPHY, LLC, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MICHAEL FARMER PHOTOGRAPHY, LLC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MICHAEL FARMER PHOTOGRAPHY, LLC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.