Effective date: January 1, 2020
These Terms of Use apply to all users of this Site. By using this Site, you are agreeing to comply with and be bound by these Terms of Use with Orlando Photoworks, LLC ("we," "us," or "our"). If you do not agree to these Terms of Use, you may not access or use this Site.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
Orlando Photoworks, LLC owns all intellectual property rights in all text, logos, images, headers, trademarks, service marks, design elements, and all other protected elements on this Site. You agree not to make unauthorized use of or otherwise infringe upon our Intellectual Property in any way.
The Site may contain content generated from third parties, including comments, and we do not guarantee the accuracy, integrity, or quality of third-party generated content. We do not endorse statements, advice, or opinions made by anyone other than authorized Site spokespersons.
THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ORLANDO PHOTOWORKS, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ORLANDO PHOTOWORKS, LLC EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; OR CLAIMS OF THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or right. All waivers must be in writing.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions will remain in full force and effect.
These Terms of Use and Privacy Policy will be governed under the laws of the State of Florida without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Oviedo, Florida. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. The prevailing party in any legal action will recover reasonable attorney's fees and all costs, fees, and other expenses incurred in the action.
You agree to indemnify, defend and hold harmless Orlando Photoworks, LLC from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use.
Orlando Photoworks, LLC reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. Changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after posting of revised Terms constitutes your agreement to be bound by the revised Terms.
These Terms of Use (together with our Privacy Policy) contain the entire understanding and agreement between you and Orlando Photoworks, LLC with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic.
The term "Content" refers to all software, codes, text, photographs, images, graphics, sound recordings, video, and other materials available on this Site. The terms "Orlando Photoworks," "we," "us," and "our" refer to Orlando Photoworks, LLC. The term "Site" refers to any website, application, or service owned by Orlando Photoworks, LLC on which these Terms are posted.
If you have any questions about these Terms, please contact us:
richie@orlandophotoworks.com
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