PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY.
Terms of Use Agreement
The following Terms of Use apply to CommercialIndustrialPhotographer.com (Website) owned and operated by Mark Davis (We, Us, Our) and all our associated Websites.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, WE REQUEST YOU DO NOT USE THE WEBSITE.
Your Use of the Website
Use of this Website, the work and content displayed herein is not in the public domain. This website is available to you solely for potential client consideration in retaining our specialized creative services or for client authorized representatives.
While utilizing our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar individuals thought to be conducting such activity.
You agree you will not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Website server used by us, or to any other services offered on or through the Website by hacking or any other illegitimate means.
You agree you will not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You agree you will not trace or seek to trace any information of any user or client of Mark Davis including tracing any Website account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
You agree you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website systems or networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You agree not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mark Davis or CommercialIndustrialPhotographer.com on or through the Website or any service offered on or through the Website. You agree you will not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
You agree not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mark Davis, CommercialIndustrialPhotographer.com or others.
You agree not to use the Website or its contents in any court of law or for any legal proceedings whatsoever without the express written permission of Mark Davis and payment of a fee or other arrangement.
Federal copyright law is strictly enforced with regard to copyright infringement. Any unlicensed use is a violation of federal copyright law with penalty up to $150,000.00 per violation.
Copyright
Mark Davis created all still images and video (hereinafter "work") displayed on this Website unless you are noticed otherwise, all work is the exclusive property of Mark Davis and he owns the copyright to the same.
Unless there is a separate written agreement regarding use of work displayed on this website, the work may not be downloaded, reproduced, copied, stored, manipulated, projected, screenshot, recorded, used or altered in anyway, including without limitation any digitization or synthesizing of images and video, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the express written permission of Mark Davis and payment of a fee or other arrangement. Any conflict between this copyright notice, and any written agreement between Mark Davis and a Client, the written agreement controls.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as Content), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Mark Davis and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Mark Davis does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own inquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Mark Davis, and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
Except as expressly provided in these Terms of Use, no part of the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the expressed prior written consent of Mark Davis and payment of a fee.
Mark Davis and any third party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Mark Davis does not accept responsibility for any liability in respect of access to other content through the use of this Website.
Purchases; Other Terms and Conditions
TEXT MESSAGING
With your prior consent, we may send text messages to communicate with you, and to notify you when your images are available for viewing and download. You can opt out of receiving text messages at any time.
ONLINE PAYMENTS
Mark uses PayPal for online credit card transactions. All banking information you provide is secure and sent between you and PayPal. This website never has access to your private banking information. A PayPal account is not required. Nor is an account with us required to make an online payment.
Additional terms and conditions may apply to specific portions or features of the Website, including use of our work, promotions or other similar features, all of which Terms are made a part of these Terms of Use by this paragraph as if fully incorporated herein. You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the Terms posted on another area of this Website or applicable to a specific portion of the Website or for any service offered on or through the Website, the separately written Terms of Use will control to those portions of use. Those Terms will also apply here, as if fully set forth herein.
Confidentiality
We honor written confidentiality agreements, and aggressively takes reasonable preventable measures to safeguard your confidentiality. However, the general viewing of the Website is not confidential. We do not guarantee your use of this Website will be confidential. We are not responsible for any harm you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.
The use of personal information is documented within our Privacy Policy, which can be viewed here.
Privacy
Mark Davis is committed to the highest standards to safeguarding your personal information. Please refer to our Privacy Policy which sets out how we use your personal information.
Security
We shall take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Policy for further information on how we work to ensure the security of your Personal Information.
Some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.
We request you promptly report any unauthorized use of the password, or in the case of a company having a private account with us, any time when an employee with access is no longer employed with your company.
Links to other Websites
This Website may contain links to other independent third-party Websites (Linked Websites). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under our control. We are not responsible for and do not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Disclaimers
MARK DAVIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISKS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARK DAVIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. MARK DAVIS DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARK DAVIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST MARK DAVIS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do the following, at any time, without notice:
(a) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
(b) modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
(c) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Indemnity
You must indemnify and hold harmless Mark Davis or its employees contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of these Terms; or
(b) reliance by you on any information obtained through the CommercialIndustrialPhotographer.com Website.
Applicable Law
The Website (excluding any linked third-party Websites) is controlled by us. By accessing this Website, you accept that any disputes about this Website or the Written Content are to be determined by the Courts having jurisdiction in North America in accordance with the laws in force in North America (subject to the application of any principal of conflict of laws inconsistent with this requirement).
Although this Website can be accessed throughout the United States and overseas, we do not represent that the written content of this Website complies with the laws (including the intellectual property laws) of countries outside the United States. If you access this Website from outside the United States, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
The above Terms of Use specifically apply to the use of this website. Any conflict herein with regard to other services provided that are subject to any written contractual agreement between Mark Davis and a Client, the written contractual agreement controls.
Should you have any concerns with regard to these terms of use, we trust you will timely communicate your concerns and allow us an opportunity to address the same.
LAST UPDATE: 12-01-2024